FACTS
MIRRIAM Nika from Vosloorus, Boksburg, said she and her husband fell into arrears with their house payments in 2015.
The bank said the house would be sold at auction due to the arrears, but lawyers contacted the couple and said they could help save it.
Mirriam said they signed papers the lawyers told them would stop the auction.
The bank then called them to make arrangements to pay off the arrears, and they proceeded to do so.
But they found out this year that the papers they signed at the lawyers were actually for voluntary sequestration. Their house would now be sold, because according to a court order they had been sequestrated.
WHAT I DID
I contacted Scorpion Legal Protection.
SOLUTION
Mirriam and her husband should ask a lawyer to make an application to the High Court.
They need an order in terms of the Insolvency Act stating they have paid off their arrears.
The other option is to apply for a rescission of judgment to have the original court order set aside.
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