SCORPION ADVISES ALL THE STEPS MUST BE FOLLOWED

THE FACTS

ZENZELE Xaba from Dawn Park, East Rand said she obtained a divorce in 2015. The terms of the settlement agreement, which was made an order of court, stated the parties were to share the estate equally. The reader wants to have the house sold and the proceeds shared.

He appointed a liquidator but could not proceed as it was discovered that there are interdicts on the property. He does not know what the interdicts are for, but the case numbers on the title deed show there are two interdicts.

WHAT I DID

I spoke to SCORPION LEGAL PROTECTION for professional legal advice.

SOLUTION

For a property to be put on auction, the judgement creditor, which is the bond holder or the bank, needs to obtain a court order. When this is granted the registrar of deeds is notified and places an attachment over the property’s records at the deeds office. If the bond holder wants to sell the property the bank has to consent to the sale and have the attachment lifted. If the property has been attached, the attorney should find out the outstanding debt figure.

Once an offer is made on the property the attachment needs to be lifted. Transferring attorneys must be appointed and once all the conditions of the sale have been met, the attorneys will speak to the bank and give them all the necessary documents. The bank then instructs their attorneys to notify the sheriff to lift the attachment.