Best Mortgage Lawyers in South Africa

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JAILALL & ASSOCIATES INC
Hillcrest, South Africa

Founded in 2009
English
Jailall & Associates Incorporated, established in 2009, is a corporate law firm with offices in Hillcrest, KwaZulu-Natal, and Edenvale, Gauteng. Under the leadership of Director Phyllis Jailall, the firm specializes in building, engineering, and construction law, commercial law, short-term...
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.  โ€‹โ€‹We pride ourselves in being accessible to our clients and have supported families and business (both large and small) for over six decades....
ER Browne Incorporated
Pietermaritzburg, South Africa

Founded in 1944
English
Established in 1944 by E.R. "Teddy" Browne, ER Browne Incorporated has evolved from a family-run practice into a distinguished law firm in Pietermaritzburg, KwaZulu-Natal. The firm's legacy is built upon decades of legal excellence and a commitment to adapting alongside South Africa's dynamic legal...
Klerksdorp, South Africa

Founded in 2020
English
Albert Coetzee Attorneys Inc, established in 2020 by Mr. Albert Coetzee, is a dynamic law firm based in Klerksdorp, South Africa. The firm offers a comprehensive range of legal services, including conveyancing, notarial work, estate planning, and commercial contracts. Their conveyancing services...
Mossel Bay, South Africa

Founded in 2000
English
Johan Nel Attorneys, established in 2000 in Mossel Bay, South Africa, is a boutique law firm offering a comprehensive range of legal services. The firm specializes in civil cases, conveyancing and property law, mediation and arbitration, estates, trusts and wills, divorce and family law, debt...
Ngoetjana Attorneys Centurion
Centurion, South Africa

English
Ngoetjana Attorneys Centurion is a distinguished law firm located in the heart of Highveld Techno Park, Centurion. The firm offers a comprehensive range of legal services, including conveyancing, family law, estate planning, and general litigation. Their team of experienced attorneys is dedicated...
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...
Strauss Daly
Durban, South Africa

Founded in 1984
English
Strauss Daly, established in 1984, has evolved into a prominent South African law firm with a national presence, comprising nine offices and a team of 65 lawyers. The firm offers a comprehensive range of legal services, including property law and conveyancing, commercial litigation, banking law and...
Erna Grove
Onrus, South Africa

English
Erna Grove Attorney is a distinguished law firm based in Pretoria, South Africa, led by the accomplished attorney Erna Grove. The firm offers a comprehensive range of legal services, including civil litigation, family law, and commercial law, catering to a diverse clientele. With a commitment to...
JC van Wyk and Associates
Durban, South Africa

English
JC van Wyk and Associates is a distinguished law firm based in South Africa, renowned for its comprehensive legal services across various practice areas. The firm's expertise encompasses conveyancing, general and commercial litigation, criminal law, family law, estate planning, notarial services,...
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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.