Best Mortgage Lawyers in South Africa

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Engelsman Magabane Incorporated

Engelsman Magabane Incorporated

Kimberley, South Africa

Founded in 1948
50 people in their team
Protecting the Law Since 1948The firm was established in 1948 by HJ Stander and was originally known as HJ Stander and Partners, but has since...
Afrikaans
English
Mc Williams & Elliott

Mc Williams & Elliott

Port Elizabeth, South Africa

Founded in 1853
50 people in their team
ABOUT US‘Building lasting relationships through knowledge, experience and trust since 1853’ Looking for legal services you can trust?...
Afrikaans
English
BDK ATTORNEYS

BDK ATTORNEYS

Johannesburg, South Africa

Founded in 1960
50 people in their team
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...
Afrikaans
English
GMI Attorneys

GMI Attorneys

Pretoria, South Africa

Founded in 1987
200 people in their team
We truly add value and find solutions that work in the real world.GMI Attorneys is a medium sized law firm headquartered in Pretoria with a satellite...
Afrikaans
English
Southern Sotho
Tsonga
Tswana
Hugh Raichlin Attorneys

Hugh Raichlin Attorneys

Johannesburg, South Africa

Founded in 1992
10 people in their team
Hugh Raichlin Attorneys was established in 1992 and enjoys a sound reputation with colleagues and clients. The firm has been successful in a number...
Afrikaans
English
Van Heerdens Attorneys

Van Heerdens Attorneys

Port Elizabeth, South Africa

Founded in 2013
10 people in their team
OverviewVan Heerdens Attorneys is one of Port Elizabeth’s most innovative and respected specialist providers of divorce and family law solutions.We...
Afrikaans
English
BLC Attorneys

BLC Attorneys

Port Elizabeth, South Africa

Founded in 2000
50 people in their team
ABOUT USWith offices located in Gqeberha (Port Elizabeth) and East London, the directors and staff of BLC Attorneys are committed to making a...
Afrikaans
English
MOLEFE DLEPU INCORPORATED

MOLEFE DLEPU INCORPORATED

Johannesburg, South Africa

Founded in 1995
50 people in their team
Our greatest strengthSince it was founded in 1995 the firm was meant to be a unique space for determined and highly skilled team young people aiming...
Afrikaans
English
BDLS Attorneys

BDLS Attorneys

Port Elizabeth, South Africa

Founded in 1978
50 people in their team
Protecting the Law Since 1978We are Attorneys, Notaries and Conveyancers who have over 40 years of experience and we understand business and believe...
Afrikaans
English
Ash Naidoo Attorneys

Ash Naidoo Attorneys

Durban, South Africa

Founded in 2017
50 people in their team
ASH NAIDOO ATTORNEYSis a law firm situated at the heart of the Central Business District in Durban and further boasts offices in Central Business...
Afrikaans
English

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.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.