Best Mortgage Lawyers in South Africa

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Rauch Gertenbach Attorneys
George, South Africa

Founded in 1919
English
Rauch Gertenbach Attorneys, based in South Africa, showcases a diverse array of legal expertise, providing comprehensive services tailored to meet their clients' needs. Renowned for their proficiency in civil law, the firm adeptly handles complex legal matters with a client-focused approach....
Mvelase Attorneys
Carolina, South Africa

English
Mvelase Attorneys, based in Sandton, South Africa, is a distinguished law firm specializing in corporate and commercial legal services, as well as public and private law matters. The firm's expertise encompasses a broad spectrum of legal areas, including administrative and constitutional law,...

Founded in 1938
85 people in their team
English
Snyman de Jager Attorneys is a Pretoria-based firm with a long-established track record in property law and conveyancing, supported by experience in civil and commercial litigation, trust and estate planning, and administration of deceased estates. The firm operates multiple offices in the Pretoria...
CNG Attorneys Inc
Durban, South Africa

Founded in 2018
English
CNG Attorneys Inc., established in April 2018, is a boutique law firm based in Durban, South Africa. Founded by partners Cara Jane Chiocchetti, Shirona Naicker, and Candice Munien-Govender, each with strong litigation backgrounds, the firm has grown to a staff complement of over 24. As a proudly...
DUNSTER
Cape Town, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
Dunsters Attorneys Cape TownWeโ€™re a law firm with over 30 yearsโ€™ experience guiding our clients through their commercial and litigation issues. Based in Cape Town, we represent clients around South Africa as well as overseas.Weโ€™re here to help you and your business succeed.Contact us today...
BBB ATTORNEYS
Port Shepstone, South Africa

Founded in 1982
English
Established on July 1, 1982, by Eric Barry, Theoff Botha, and Piet Breytenbach, BBB Attorneys has grown to become the largest law firm in Southern KwaZulu-Natal. With over four decades of experience, the firm specializes in conveyancing, estate planning, commercial law, litigation, and dispute...

Founded in 2014
22 people in their team
English
Dreyer Engelbrecht Attorneys Inc is an Alberton-based practice with satellite offices in Bedfordview and Vereeniging, offering a broad suite of South African legal services. The firmโ€™s portfolio spans conveyancing and property matters, High Court and Magistrate Court litigation, commercial work...
Connie Marais Attorneys
Richards Bay, South Africa

Founded in 1998
7 people in their team
English
Connie Marais Attorneys, Notaries, Conveyancers and Mediators. We are not an ordinary legal firm.  That is why we profess the motto:  Our difference is your advantage.  Connie Marais Attorneys was established during 1998.  We are a distinguished law firm located in the...
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...
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...
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About Mortgage Law in South Africa:

Mortgage law in South Africa governs the legal aspects of loans secured by property. It involves the legal rights and duties of both the lender and the borrower in relation to the property used as security for the loan.

Why You May Need a Lawyer:

You may need a lawyer for mortgage-related matters such as foreclosure, disputes with the lender, drafting or reviewing mortgage agreements, or understanding your rights and obligations as a borrower.

Local Laws Overview:

In South Africa, mortgage laws are primarily governed by the National Credit Act, the Consumer Protection Act, and the common law principles of property law. It is important to understand these laws to ensure your rights are protected in mortgage transactions.

Frequently Asked Questions:

1. What is the process of obtaining a mortgage in South Africa?

To obtain a mortgage in South Africa, you typically need to apply to a bank or financial institution, provide the necessary documentation, undergo a credit check, and have the property appraised. If approved, you will sign a mortgage agreement outlining the terms of the loan.

2. Can my property be repossessed if I default on my mortgage payments?

Yes, if you default on your mortgage payments, the lender has the right to repossess the property through a legal process known as foreclosure.

3. Can I negotiate the terms of my mortgage agreement?

Yes, you can negotiate the terms of your mortgage agreement with the lender to some extent. It is advisable to seek legal advice before signing any agreement to ensure that your rights are protected.

4. What are the legal implications of refinancing my mortgage?

Refinancing your mortgage may involve paying off your existing loan with a new loan that has different terms. It is important to understand the legal implications of refinancing, including any fees or penalties involved.

5. How can a lawyer help me with a mortgage dispute?

A lawyer can help you navigate the legal process of resolving a mortgage dispute with your lender, represent you in court if necessary, and help protect your rights throughout the process.

6. Are there any government programs or assistance available for mortgage borrowers in South Africa?

Yes, there are government programs such as the National Housing Finance Corporation (NHFC) that provide assistance to low-income borrowers in obtaining affordable housing finance.

7. What are my rights as a borrower under South African law?

As a borrower, you have rights protected by South African law, including the right to fair lending practices, the right to information about your loan, and the right to dispute any unfair practices by the lender.

8. Can I sell my property if it is under mortgage?

Yes, you can sell your property even if it is under mortgage. However, the proceeds of the sale will first go towards paying off the outstanding mortgage amount before you receive any remaining funds.

9. How can I avoid mortgage fraud in South Africa?

To avoid mortgage fraud, it is important to work with reputable lenders, avoid signing blank or incomplete documents, and seek legal advice before entering into any mortgage agreement.

10. What are the consequences of defaulting on a mortgage in South Africa?

If you default on your mortgage in South Africa, the lender may initiate foreclosure proceedings, repossess the property, and sell it to recover the outstanding loan amount. You may also face legal action and damage to your credit rating.

Additional Resources:

For additional resources related to mortgage law in South Africa, you can contact the National Credit Regulator, the South African Property Owners Association, or consult with a qualified mortgage lawyer for legal advice.

Next Steps:

If you require legal assistance with a mortgage matter in South Africa, it is advisable to consult with a qualified mortgage lawyer who can provide guidance and representation to protect your rights and interests in the transaction.

Lawzana helps you find the best lawyers and law firms in South Africa 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 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.