Our firm has 40 years plus specialised experience in the field of conveyancing and has since been on the panel of various financial institutions to register mortgage bonds. The firm is presently on the panels of Absa and Standard Banks.
The appointment of a firm to attend to both the transfer and the registration of a mortgage bond normally linked to the transfer is facilitated by allocating such instructions to one single firm. Our firm has, in respect of the last three years, received awards from ABSA as one of the three top performing Attorneys on their conveyancing panel for bond registrations in Kwazulu-Natal.
This subject is a branch of property law and primarily involves:-
- the registration of transfer in pursuance of a deed alienation (primarily sale) from the alienator (primarily seller) to the alienee ( primarily purchaser). This is required as the ownership of immovable property is conclusively proved by the registration of such immovable property in the name of the person who becomes the owner. The procedure is complex to the extent that not all Attorneys (but only conveyancing attorneys) may sign the documentation applicable – no lay person may register a transfer of immovable property.
- the registration of mortgage bonds whereby monies lent by a financial institution to e.g. a purchaser of property in order to finance the purchase price is secured in favour of such financial institution. The mortgage bondholder becomes a secured creditor in respect of any sale of the property and therefore ranks above other persons who may have rights to attach the property.