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Listen to the podcast on Cape Talk radio. Some great advice.Click on the link below... Website: www.stopmyauctionsa.co.z...
01/02/2021

Listen to the podcast on Cape Talk radio.
Some great advice.
Click on the link below...
Website: www.stopmyauctionsa.co.za
Email: [email protected]
Office or Whatsapp: 0613232513

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What the law says about home repossession and what you can do to avoid it
20 September 2020 9:17 AMby Barbara Friedman

Covid-19 lockdown has impacted households and Just Money's Sarah Nicholson gives advice if you are unable to make bond repayments.
For many, the Covid-19 crisis has led to a drastic change in personal finances.

Households have had to rethink certain expenditures in light of salary cuts, retrenchments, and business closures.

But what if your income has taken a hit to such an extent that you've been unable to make your bond payments, asks Weekend Breakfast host Sara-Jayne King?

What does the law say about the bank's right to repossess your home and what legal redress do you have?

Sarah Nicholson, Commercial Manager of personal finance website JustMoney joins Sara-Jayne with the ins and outs of home repossession.

It is a very difficult time for South Africans and people worldwide, so it is important to understand the law. At what point is a bank really allowed to actually repossess your home?

Sarah Nicholson, Commercial Manager - JustMoney
However, one missed bond repayment will not lead to repossession.

South African law allows that if you default on your bond repayment for 3 months or more, then the bank or mortgage lender may cancel the agreement with you. They can repossess your house and have to sell it to recover the money that you still owe to them.

Sarah Nicholson, Commercial Manager - JustMoney
But, she notes, banks do not like to take this route if it can be avoided.

The banks don't necessarily want to incur the costs involved in repossession, of securing and maintaining the home, as well as the total loss of repayments on the loan for several months or even years, while they are in the process of trying to sell off the house.

Sarah Nicholson, Commercial Manager - JustMoney
Banks would much rather ensure they are getting that regular monthly income from the homeowner's monthly and repayments, she explains.

So they will look at other options before going down that road.

Sarah Nicholson, Commercial Manager - JustMoney
The bank would send a letter or call to notify the homeowner that a payment has been missed.

If however, the homeowner does not then take any steps to rectify the situation and continue missing payments, the bank can proceed with legal action and send the owner a Section 129 letter stating that legal proceedings have begun so that the home may be repossessed to recoup costs.

Nicholson says a home may be sold at auction, and it could go for less than it is worth.

So it is not really an answer because the home may be sold for less than it is valued at, and you would be liable for that outstanding amount - so it really is a last resort.

Sarah Nicholson, Commercial Manager - JustMoney
She advises this step is avoided at all costs.

Nicholson gives lots more useful advice for homeowners.

Covid-19 lockdown has impacted households and Just Money's Sarah Nicholson gives advice if you are unable to make bond repayments.

We watched 33 distressed properties auctioned in Gauteng – and saw an average 42% discount Justin Brown , Business Insid...
28/01/2021

We watched 33 distressed properties auctioned in Gauteng – and saw an average 42% discount Justin Brown , Business Insider SA Jan 11 property Pixabay.

Property experts predict that many distressed properties will go on auction in the coming months, as economic hardship bites, widely.
These auctions present the opportunity to buy a property for a bargain, with some recently selling at discounts of up to 70% in recent months.
Business Insider South Africa recently attended eight property auctions in Gauteng, covering 33 distressed properties, and saw an average discount of 42%.
For more stories visit Business Insider South Africa. Tough economic times, including jobs losses, have taken their toll on South Africans paying off home loans. As relief measures provided by banks during the country’s lockdown to fight the coronavirus dry up, property experts predict that many distressed properties will go on auction.

These auctions present the opportunity to buy a property for a bargain, with some recently selling at discounts of up to 70% in recent months.

There are three different stages during which buyers can purchase a "distressed" property.

Where the homeowner tries to sell their property to avoid having their home repossessed, which is called a "distress sale".
A so-called “sale in ex*****on” property. This is when a borrower continues to default on their home loan and lawyers for the bank will apply to the court for a judgment. Once the bank has received the judgment, the Sheriff of the Court will auction the borrower’s movable assets. If the sale of the movable assets does not cover the mortgage arrears, the property moves into the “sale in ex*****on” phase and the sheriff auctions the property.

A bank-possessed property. If the sheriff's auction does not meet the reserve price, the bank has the option to buy the property, and the property is then in the bank’s possession. In effect, the bank buys the property from the owner in default and the money from this acquisition clears part or all of the arrears owed by the former owner. The bank then puts the property in possession back on the market to try and get a better price.

Business Insider South Africa attended eight property auctions in Gauteng, covering 33 distressed properties.

Here are the discounts we saw.

A R3.9 million discount on a four-bedroom Bryanston home
The most extraordinary bargain that Business Insider came across was in Porchester Road in Bryanston, Johannesburg.

The stand is 2,307 square metres in extent, and the house has four bedrooms, four bathrooms, and an outbuilding.

The Sandton North Sheriff auctioned the property with no reserve and sold it for almost R1.7 million on 1 December. Selling with no reserve means that the property will be sold regardless

The City of Johannesburg (CoJ) valuation was R5.6 million, but the property owed R488,000 in rates.

So, the property sold at a 70% or R3.9 million discount before any commission and value added tax (VAT).

A nearly 50% discount on a four-bedroom home in Carlswald Estate, Midrand
Another property that sold for a steal was in Karee Drive in Carlswald Estate in Midrand, Gauteng.

The property is 2,597 square metres in extent, and the house has four bedrooms, six bathrooms, and an outdoor room.

The Halfway House–Alexandra Sheriff sold the property on auction on 8 December.

The CoJ valuation was R5.895 million, but the asset had outstanding municipal rates of R416,629.

The price of R3.05 million achieved at the auction was a 48% or a R2.845 million discount.

A better than 40% discount on a R434,000 sectional title unit in Sundowner
A third property that sold for a bargain was a sectional title property in Sunbird Estate on Meteor Road in Sundowner, Gauteng.

The property is 111 square metres in extent, bar exclusive use areas, and has two bedrooms, two bathrooms, and two carports.

The Randburg South West Sheriff auctioned the property on 10 December.

The CoJ valuation was R769,000 and had outstanding levies amounted to R199,807 and municipal rates due of R27,184.

The property sold for R435,000. This price equated to a 43% or a R334,000 discount.

If the buyer of this property were to resell it for the CoJ valuation or higher, then he or she could use it to finance a university degree for one of their children.

The average discount: 42%
Six properties, four auctioned by the sheriffs and the two others by the major auction house, achieved their reserve prices, thus allowing each sale to proceed.

Of those six properties, the average discount of each sale price was 42%.

The extent of discount to the municipal valuation of each property ranged from 16% to 70%.

Here’s why a distressed property sells for such deep discounts:

The properties have significant amounts in arrear rates, levies or other amounts outstanding.
Repossessed properties usually have occupants, and evicting people is an unpleasant, time-consuming and costly task.
Only a few people attend sheriff auctions.
One reason for the low attendance at auctions is that the financial institutions or the court often cancel the sale of properties at the last minute. Of the 31 distressed properties up for sheriff auction, the parties to the sale of 14 cancelled.

Few properties achieve their minimum price

Thirteen properties auctioned by the sheriffs received no interest at all or failed to achieve the reserve price set by the court.

A reserve price is the amount stipulated as the lowest acceptable by the seller for a property on auction.

A defining court judgment in 2018 by the South Gauteng High Court in Johannesburg required that when a distressed property is at the point of sale in ex*****on, and it is the owner’s primary residence, there must be a court-sanctioned reserve price in place, save in exceptional circumstances.

The ruling put an end to the practice of selling distressed properties for next to nothing and thus leaving the former owners of these properties to face great hardship.

Since that judgment, all sale in ex*****on properties that the Sheriff of the Court auctions for the first time have to have a reserve price, but if the property cannot achieve this price, then the court will decide whether to accept the highest bid or reject it.

When the sheriff auctions the property for the second time, the repossessed property has no reserve price. At that point, you probably have your best opportunity of scoring an epic bargain. But out of 17 properties that sheriff auctioned, only two had no reserve price.

Don't wait till it's to late. Call us today!
Office or Whatsapp: 0613232513
Email: [email protected]
Website: www.stopmyauctionsa.co.za

A rising number of distressed-property auctions present the opportunity to buy a property for a bargain, with some recently selling at discounts of up to 70% in recent months.

SA Bank Repo's.A traumatic experience in anyone's life.Literally thousands of people have been affected by the global fi...
27/01/2021

SA Bank Repo's.
A traumatic experience in anyone's life.

Literally thousands of people have been affected by the global financial credit crunch which has sadly resulted in homeowners not being able to afford the repayments on their homes and ultimately losing them back to the credit providers.



On the positive side, this has presented a huge opportunity for first time home owners and property investors to pick up great bargains. In almost all instances, properties, homes and vacant land can be purchased at prices well below market value which makes them a wise investment for anyone who can afford it.



Bank repossessions – A traumatic event in anyone’s life!



With the current economic climate, even if one is careful with managing your finances, one can easily fall victim to not being able to manage a bond repayment that was probably well within your affordability when you initially purchased the property, but has now become a commitment that is difficult to manage due to the rising interest rates and cost of living, petrol and other essential items.



The banks will of course take action as soon as mortgage payments are not being kept up to date regardless of the reason why you have stopped making payment which, could lead to the repossession of the property if they feel that you are unable to meet your monthly repayments either presently or in the future.



However, you can prevent repossession



Many property owners, who cannot meet their bond repayments, make the common mistake of not contacting their bankers and ignoring the bank’s telephone calls and letters. If you know that you are not able to make payment, you need to immediately contact your bank and schedule an appointment explaining the situation as it is in the bank’s interest to assist you with finding a solution to the problem.



There are various possible solutions as each situation is unique



· Until your situation has improved – the bank could offer you 6 months of paying only half of the monthly amount, or 3 months of making no payments, depending on your personal situation;

· You could extend your mortgage payback period to 30 years, or apply for an interest only mortgage. This will give you more cash in hand, but you will be paying more interest. You could always change the mortgage repayment again once your situation has improved;

· Your accountant or financial advisor could give you financial advice. They have experience with situations like and could probably be able to suggest feasible options that could be implemented.



The consequences of not keeping up with your bond payments



· If you do not keep up with your monthly payments, and do not communicate with your bank and work with them to find a solution, you stand the possibility of bank repossession. If a solution cannot be found, the bank will take steps to have the property repossessed;

· Some people give up and wait for the bank to do the repossession thinking that their financial worries will be over after the bank has repossessed the property, but as soon as your house has been repossessed, you could have other creditors knocking on your door and due to the repossession you might be financially ruined for a long time as you will not be able to get further credit;

· When a home loan client can no longer afford his home loan payments the bank is forced to cancel the home loan agreement and institute legal action against the defaulter. Once judgment is obtained through the courts, the property is attached by the Sheriff of the Court and sold on an auction as a Sale of Ex*****on. This should not be confused with buying a property on a normal auction;

· A reserve price is set by the bank on the property to cover the outstanding debt and if this reserve price is not reached at the auction the bank will buy the property and it then becomes a property in possession. Banks are not in the property business and they would like to get rid of these repossessed properties as soon as possible, and that is where it becomes a viable option for other potential buyers to purchase a bargain;

· When the house has been repossessed, the Sheriff of the Court will perform the auction. The bank will also bid at the auction. It is important to know beforehand that the property for instance, is worth R1 000 000, and the outstanding bond is R500 000, the bank will bid at the auction up to R500 000, and then leave the auction. If the bid is granted at R500 000, the bank will get their outstanding money back, and you may be in for a shock if you think that you will be able to get any money back. Many auctions do not go much higher than the reserve price that the bank has asked for. Now the ex-owner has no house, plus a bad credit record.



The Best Action to take to Prevent Repossession



· Advise your bank of your financial situation to assist with finding a solution;

· Sell the property and settle your outstanding debts as soon as possible;

· Sell your property to a reputable property investor who will valuate your property and give you an offer to purchase within days. They will often also settle your outstanding payments with the bank before transfer takes place, so that you don’t have to worry about the Sheriff knocking at your door;

· With the National Credit Act you could go for debt review or debt counseling. You can apply for debt review at any time as long as your income is lower than your expenses and you have an income every month. The bank may not repossess your property or any other asset in your name while you are in debt review or even applying for debt review. This solution could give you more time to sort out your financial situation.



Steps to follow when buying a repossessed property



· A list of repossessed properties are available at all banks which you can request from your local branch or search on the internet. Estate agents often also have details of properties in possession;

· Ask to view the property and do your homework and calculations thoroughly, especially if the property requires any major repair work. Don’t just look at how cheaply you may be able to get the property. If major repairs need to be made, rather get an expert to give you a proper quotation rather than doing the cost estimation yourself and getting it wrong, as this could cost you dearly in the end;

· Whether you are looking at buying a repossessed house for investment or as a home, it is important to make sure that the property is situated in a good area as it is no good buying a bargain if you will never be able to sell it again because of the area;

· Check the crime rate in the area;

· The availability of schools, shops and close vicinity to main road and highways;

· Complete an offer to purchase with the assistance of a reputable estate agent or if doing this privately, hand it to the bank.

· Apply for a home loan as this is going to be required. You may apply at any bank of your choice;

· If the bank accepts your offer and your home loan application is approved, the normal process to transfer the property into your name will be set in motion;

· The Electrical Compliance Certificate must be obtained before transfer can take place and this is for the expense of the buyer. The purchaser also needs to obtain a certificate confirming that the property is free from infestation by timber destroying or boring insects, and rising damp.

Source: www.homeloans-southafrica.co.za

"SA Bank Repo’s – A traumatic event in anyone’s life! | Portfolio Property" https://www.portfolio-property.com/article/view/id/246

Call us today so we can help you.
Dont wait till it's to late.
Office or Whatsapp: 0613232513
Email: [email protected]
Website: www.stopmyauctionsa.co.za

STOP MY AUCTION SA Helping You Find The Right Solution Contact us today  Phone 061 323 2513  Email [email protected]  office Tygervalley, Cape Town  hours Monday-Friday: 8 am – 5 pm Experts at your call We Are Here For You Banks Threatening To Take Legal Action?Our experts kno...

PLEASE SHARE!...and this is why companies like us exist.Don't wait till it's to late. Call us today! Office or Whatsapp:...
24/01/2021

PLEASE SHARE!...and this is why companies like us exist.
Don't wait till it's to late. Call us today!
Office or Whatsapp: 0613232513
Email: [email protected]
Website: www.stopmyauctionsa.co.za

Dispossessed homeowners are challenging major banks for repossessing their housing and selling them for a song.Banks in South Africa have for years repossess...

Interest rates remain the same.
21/01/2021

Interest rates remain the same.

INTEREST RATES REMAIN UNCHANGED The Governor of the Reserve Bank Lesetja Kganyago has this afternoon announced that the repo rate will remain unchanged. This leaves the prime overdraft lending rate at 7%. This announcement was expected and will allow our currency to remain stable at around R15 to th...

20/01/2021

STOP MY AUCTION SA Helping You Find The Right Solution Contact us today  Phone 061 323 2513  Email [email protected]  office Tygervalley, Cape Town  hours Monday-Friday: 8 am – 5 pm Experts at your call We Are Here For You Banks Threatening To Take Legal Action?Our experts kno...

Shocking sale in ex*****on practices in South Africa that we could not overlook, posted on moneyweb.co.zaDon't let this ...
19/01/2021

Shocking sale in ex*****on practices in South Africa that we could not overlook, posted on moneyweb.co.za
Don't let this happen to you. Call now!
www.stopmyauctionsa.co.za - 061 323 2513

According to an affidavit filed in support of the R60bn class action suit by dispossessed homeowners against major banks.

12/04/2019

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