Best Mortgage Lawyers in Johannesburg

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Hough Bremner Incorporated
Johannesburg, South Africa

English
Hough Bremner Incorporated is a distinguished law firm based in South Africa, renowned for its comprehensive legal services and commitment to excellence. The firm's team of seasoned attorneys brings a wealth of experience across various legal disciplines, ensuring clients receive informed and...
BDK ATTORNEYS
Johannesburg, South Africa

Founded in 1960
50 people in their team
Afrikaans
English
What We Stand ForLAW WITH DIGNITY. YOU ARE A PERSON - NOT A CASE FILENever let a good fight pass byFair and compassion treatment towards our clientsNavigating our clients through the stormy waters of their legal issuesCollaborative work within our firm to provide the best possible...
WDT Attorneys Inc
Johannesburg, South Africa

English
WDT Attorneys Inc, based in South Africa, is a distinguished law firm renowned for its comprehensive legal services across various practice areas. The firm's team of seasoned attorneys brings a wealth of experience and specialized knowledge, ensuring clients receive expert guidance tailored to...
MOLEFE DLEPU INCORPORATED
Johannesburg, South Africa

Founded in 1995
25 people in their team
Afrikaans
English
Our greatest strengthSince it was founded in 1995 the firm was meant to be a unique space for determined and highly skilled young people aiming to build a career in law. Today our community is a force of excellence, empowerment and progress. Meet our fearless leaders and warriors of the law.OUR...
Dube Attorneys Inc
Johannesburg, South Africa

English
Dube Attorneys Inc., based in Mbombela, Mpumalanga, offers a comprehensive range of legal services tailored to meet the diverse needs of its clientele. The firm's practice areas encompass criminal litigation, commercial litigation, civil litigation, labour law, administration of deceased estates,...
SWVG Inc
Johannesburg, South Africa

Founded in 2017
50 people in their team
Afrikaans
English
SWVG Inc.Swartz Weil Van Der Merwe Greenberg Inc. Attorneys was formed in August 2017, following the dissolution of Phillip Silver Swartz Inc.SWVG Inc. is a unique law firm offering a basket of legal services, with all of its professionals being passionate about the law, focused on what they do and...
SD Law
Johannesburg, South Africa

Founded in 2011
10 people in their team
Afrikaans
English
Attorney Simon Dippenaar has a BBusSc LLB degree and Professional Diploma in Legal Practice from the University of Cape Town, and is an admitted attorney of the High Court of South Africa. He is the founder and director of private legal practice, Simon Dippenaar & Associates, with offices in...
Vetter Attorneys Incorporated
Johannesburg, South Africa

English
Vetter Attorneys Incorporated, based in Durban, South Africa, is a distinguished law firm specializing in conveyancing and notarial services. Under the leadership of Kate Vetter, an attorney, conveyancer, and notary public admitted in 2007, the firm has been serving the Durban community with...
A & R ATTORNEYS
Johannesburg, South Africa

English
A & R Attorneys, based in Somerset East and Kirkwood, South Africa, offers a comprehensive range of legal services with a particular emphasis on property law. Their experienced conveyancing team is recognized for its proficiency, serving on the attorney panels of three of the four major South...
Joubert Galpin Searle
Johannesburg, South Africa

Founded in 1928
English
Established in 1928, Joubert Galpin Searle has built a reputation as a leading law firm in the Eastern Cape, South Africa. With nearly a century of experience, the firm offers comprehensive legal services across various sectors, including commercial law, conveyancing, employment law, estate...
AS SEEN ON

About Mortgage Law in Johannesburg, South Africa

Mortgage law in Johannesburg, South Africa is an important facet of property law that governs the way individuals and businesses can obtain loans secured by real estate. A mortgage is essentially a legal agreement by which a bank, building society, or other lender lends money at interest in exchange for taking the title of the debtor's property. The borrower enters into an agreement with the lender, where the lender absorbs the risk of the loan, while the borrower commits to paying back the borrowed sum with interest over a specified term. Mortgage law ensures that these agreements are legally binding and defines the rights and responsibilities of each party involved.

Why You May Need a Lawyer

There are numerous situations where seeking legal assistance from a lawyer specializing in mortgage law might be necessary. These situations include:

  • Understanding the complex terms and conditions of a mortgage agreement.
  • Negotiating more favorable terms for a mortgage loan.
  • Resolving disputes with lenders, such as foreclosure defense or predatory lending practices.
  • Assisting first-time homebuyers in understanding the legal implications of their mortgage.
  • Modifying an existing mortgage due to changes in financial circumstances.
  • Ensuring legal compliance when dealing with property transfers and title deeds.
  • Protecting borrower rights in the event of loan default or repossession.
  • Handling legal aspects of refinancing or switching lenders.

Local Laws Overview

Mortgage law in Johannesburg is governed primarily under national legislation, such as the National Credit Act, which regulates credit agreements and ensures fair practice among creditors. The Property Law, along with the Deeds Registries Act, outlines the process for the registration of property deeds and mortgages with the Deeds Office, ensuring transparency and legal protection of interests. Johannesburg, like much of South Africa, adheres to the principles of Roman-Dutch Law, which influences property law and the security of mortgage transactions.

Frequently Asked Questions

What is a mortgage?

A mortgage is a loan specifically used to purchase real estate. The property bought acts as collateral for the loan. The borrower agrees to pay back the loan with interest over a set period, and failure to do so can result in foreclosure.

How can I qualify for a mortgage in Johannesburg?

Qualifying typically involves having a steady income, a good credit history, and the ability to make a down payment. Lenders will assess your financial stability and ability to pay back the loan.

What is the role of the Deeds Office?

The Deeds Office is responsible for registering property and mortgage transactions, ensuring legal ownership is accurately recorded and maintained.

Can I negotiate the terms of my mortgage?

Yes, many elements such as interest rates, repayment periods, and fees can often be negotiated. It's advisable to consult with a lawyer to help negotiate more favorable terms.

What should I do if I default on my mortgage payments?

Contact your lender immediately to discuss possible repayment plans or modifications. Legal advice may be crucial in such scenarios to protect your property rights and explore options such as refinancing or mortgage forbearance.

How does foreclosure work in Johannesburg?

Foreclosure is a legal process where the bank or lender attempts to recover the balance of a loan from a borrower who has stopped making payments by selling the asset used as the collateral for the loan. Legal proceedings can be initiated if resolution with your lender fails.

What are my rights in a mortgage agreement?

Borrowers have several rights, including receiving clear and accurate information about the terms, conditions, and costs of a mortgage, fair treatment by lenders, and, under certain conditions, the right to challenge unfair lending practices in court.

Can I cancel my mortgage agreement?

Under specific circumstances, such as fraud or material misrepresentation, you may cancel a mortgage agreement. Seek immediate legal advice to understand the implications and process.

What is the cost associated with applying for a mortgage?

Costs may include application fees, origination fees, legal fees, and other administrative charges. Be sure to ask your lender for a detailed breakdown before proceeding with the agreement.

What role can a lawyer play in the refinancing of a mortgage?

A lawyer can help review the refinancing agreement, assist in negotiations with lenders, ensure all legal documentation is correctly processed, and advise on the financial implications of refinancing.

Additional Resources

For more information and assistance with mortgages in Johannesburg, consider reaching out to the following resources:

  • The Bank of South Africa - Provides details on regulations and mortgage guidelines.
  • The National Credit Regulator - Offers information on consumer rights and lending practices.
  • The Law Society of South Africa - Helps locate legal professionals specializing in property and mortgage law.
  • Johannesburg Property Tribunal - Mediates disputes between tenants and landlords, which can sometimes extend to mortgage-related issues.

Next Steps

If you require legal assistance with a mortgage in Johannesburg, consider taking the following steps:

  • Consult with a licensed attorney who specializes in property and mortgage law to understand your situation and options.
  • Gather all relevant documents, including loan agreements, property titles, and correspondence with lenders.
  • Prepare a list of questions or concerns to address during your legal consultation.
  • Consider reaching out to local consumer protection agencies to understand your rights and additional resources available to you.
Lawzana helps you find the best lawyers and law firms in Johannesburg 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 Mortgage, 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 Johannesburg, 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.