Best Foreclosure Lawyers in Durban

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AMC Hunter Inc

AMC Hunter Inc

Durban, South Africa

Founded in 1987
50 people in their team
Afrikaans
English
A Brief HistoryThe firm, AMC Hunter Inc. was founded in 1987, by well-known Durban lawyer, Karien Hunter, who still heads up the practice today.Well-established as one of the leading property law firms in KwaZulu-Natal, AMC Hunter Inc. focuses on property law and commercial law, while also offering...
GMA Attorneys

GMA Attorneys

Durban, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
About UsThe law firm based in DURBAN has been in existance for the past 20 years with attorney Logan Govender being at the helm. Mr. Govender has over 20 years of experience in all aspects of litigation and has a good success rate. In addition he is well known and respected at both...
Hunter & Company

Hunter & Company

Durban, South Africa

Founded in 2021
10 people in their team
Afrikaans
English
OverviewHunter & Co. is a boutique new law firm that offers general litigation services with a focus on commercial law and family law.. Our practitioner always strives to provide truly honest and accurate legal strategies, which are custom designed to benefit our clients. The service offering...
John Hudson & Company Attorneys

John Hudson & Company Attorneys

Durban, South Africa

Founded in 1952
50 people in their team
English
Afrikaans
The firm was established by John Charles Stewart Hudson in 1952 in the Durban CBD and has continued to practise in the Durban area ever since.  ​​We pride ourselves in being accessible to our clients and have supported families and business (both large and small) for over six decades....
HARILALL NAIK PETERS ATTORNEYS

HARILALL NAIK PETERS ATTORNEYS

Durban, South Africa

English
Harilall Naik Peters Attorneys, located in Ballito, South Africa, offers comprehensive legal services across various practice areas, including Criminal Law, Labour Law, Family Law, Commercial Law, Corporate Law, Tax Law, and Property Law. The firm is led by Directors Nikhil Harilall and Suvania...
Burne & Burne Attorneys

Burne & Burne Attorneys

Durban, South Africa

English
Established in 1880 by William Burne, Burne & Burne Attorneys is a distinguished law firm in Durban North, South Africa, with a legacy spanning over 140 years. The firm has been led by five generations of the Burne family, making it one of the country's most enduring family-run legal practices....
ESSACK & HANSA ATTORNEYS, NOTARIES AND CONVEYANCERS

ESSACK & HANSA ATTORNEYS, NOTARIES AND CONVEYANCERS

Durban, South Africa

Founded in 1994
50 people in their team
Afrikaans
English
We are a private legal practice, operating as a partnership between Mahomed Essack and Ruwaida Hansa. Mahomed and Ruwaida, aside from being partners in law, are also partners in marriage. They were admitted as attorneys on 20 December 1994 and have established long lasting relationships with...
Rajaram Mvulane Attorneys

Rajaram Mvulane Attorneys

Durban, South Africa

Founded in 2019
10 people in their team
Afrikaans
English
We pride ourselves on being a professional, confident and strong women empowered firm. To provide quality legal assistance to all persons with honesty and integrity, and to assist in enhancing the rule of law.Rajaram Mvulane Attorneys aims to provide ethical and friendly customer service in the...
Ash Naidoo Attorneys

Ash Naidoo Attorneys

Durban, South Africa

Founded in 2017
50 people in their team
Afrikaans
English
ASH NAIDOO ATTORNEYSis a law firm situated at the heart of the Central Business District in Durban and further boasts offices in Central Business District of Verulam. Such firm has been established in June 2017 and is led by Ashlyn Naidoo. Mr Naidoo possesses knowledge in all fields of law and with...
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About Foreclosure Law in Durban, South Africa:

Foreclosure law in Durban, South Africa, relates to the process where lenders, typically banks or financial institutions, have the right to recoup money on a defaulted loan by selling the borrower’s property. The legal process, initiated by the lender after a series of missed payments, can result in the homeowner losing their property. However, South African law does provide homeowners with opportunities to prevent the foreclosure process through various means such as repayment agreements, debt review, or selling the home privately.

Why You May Need a Lawyer:

Foreclosure is a complex process that involves intricate legal paperwork and tough negotiations with lenders. A competent foreclosure lawyer can guide homeowners through the complicated legal journey, help to protect their rights, and negotiate better terms. They can also assist you in exploring alternatives like loan modification, repayment plans, or debt counselling. Engaging a lawyer is crucial if you are facing a foreclosure summons or already deep into the process with little understanding of your legal rights and options.

Local Laws Overview:

The South African law offers protection to homeowners against foreclosure. The National Credit Act (NCA) and the Consumer Protection Act (CPA) regulate foreclosure processes and protect consumers from unfair legal tactics. Under these laws, a lender must follow a series of steps before proceeding with a sale in execution. For example, the bank must try to assist the homeowner to avoid a default judgment and foreclosure, and a court must take into account factors like the home being primary residence before ruling in favor of the bank. Moreover, the country’s Constitution protects against arbitrary deprivation of property, which also applies to foreclosures.

Frequently Asked Questions:

1. Can I stop a foreclosure once the process has begun?

Yes, it is possible to stop foreclosure even after the process has begun. Solutions might include negotiating new payment terms with the lender, refinancing the mortgage, or filing for debt review.

2. What happens after my property is sold in foreclosure?

If your home is sold in foreclosure, the proceeds go towards settling your outstanding debt. If the sales do not cover the full debt, the lender can claim the remaining balance from you. This is known as a deficiency judgment.

3. What is a sale in execution?

A sale in execution is when the court orders the sale of a foreclosed property at a public auction. It is the last step of a foreclosure process if homeowner can't settle the debt or sell the property privately.

4. Is it possible to buy back my home after a foreclosure?

It is possible, but challenging, to buy your home back after a foreclosure. It typically depends on the terms of the foreclosure and the policies of the lender.

5. Can I dispute the foreclosure amount claimed by the bank?

Yes, you can dispute the foreclosure amount. It’s recommended to have an attorney or a foreclosure expert assess the amount claimed by the bank to make sure there are no unfair charges or discrepancies.

Additional Resources:

The National Credit Regulator (NCR) and The Banking Association South Africa are useful resources for understanding your rights and obligations. Also, consult with professional organizations like the Law Society of South Africa and Legal Aid South Africa, that provide free or low-cost legal advice.

Next Steps:

If you're facing foreclosure, it's vital to act promptly. Consult with a foreclosure lawyer immediately who can assess your situation, guide you through your legal options, and help you plan the possible defenses to prevent foreclosure or negotiate the best possible terms.

Lawzana helps you find the best lawyers and law firms in Durban through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Foreclosure, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Durban, South Africa—quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.