Best Mortgage Lawyers in South Africa

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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...
B S Bhuta Attorneys Inc
Kwamhlanga, South Africa

English
B S Bhuta Attorneys Inc is a distinguished law firm located in KwaMhlanga, South Africa, offering a comprehensive range of legal services. The firm specializes in property law, family law, and general legal matters, providing expert guidance and representation to clients in these areas. Renowned...

English
Tim Boshoff Inc | Attorneys, Notaries & Conveyancers, located in Garsfontein, Pretoria, specializes in property law and conveyancing services. The firm offers fast, affordable, and professional real estate transfer services, ensuring clients are kept informed and up to date throughout the process....
KwaDukuza, South Africa

Founded in 1999
English
Naicker & Naicker Attorneys, established in 1999 by sole proprietor Selva Naicker, is a full-service law firm located in Stanger, KwaDukuza, South Africa. The firm offers expertise across various legal domains, including civil litigation, family and marriage law, estate planning and administration,...
Stefan Greyling Inc
Kimberley, South Africa

Founded in 2000
50 people in their team
Afrikaans
English
Stefan Greyling Inc. forms part of an exceptionally devoted team of correspondent attorneys, advocates and specialist medico-legal experts. These are all renowned and experienced professionals in their respective fields of expertise.As specialist personal injury attorneys, we daily witness the...
Maarten Meyer Prokureurs & Mediators
Johannesburg, South Africa

English
Maarten Meyer Prokureurs & Mediators stands as a distinguished law firm in South Africa, offering comprehensive services in various legal domains including family law, real estate law, and mediation. The firm is renowned for its adept handling of complex legal issues, guided by a deep understanding...
VisagieVos Inc. Attorneys
Cape Town, South Africa

Founded in 1986
English
VisagieVos Inc. Attorneys, established in 1986, operates from its main office in Goodwood, Cape Town, with a network of correspondent firms across the Western Cape, South Africa, and internationally. The firm offers a comprehensive range of legal services, including conveyancing, family law, estate...
Molefe Roux Incorporated
Pretoria, South Africa

English
Molefe Roux Incorporated, located in Pretoria, South Africa, offers a comprehensive range of legal services, including conveyancing, notarial services, family law, litigation, administration of estates, and commercial law. The firm's commitment to excellence is encapsulated in their motto, "Our...
Pisanti Attorneys Incorporated
Germiston, South Africa

Founded in 2017
10 people in their team
Afrikaans
English
Welcome to Pisanti Attorneys IncorporatedPisanti Attorneys Incorporated was established in early 2017. When it was founded, we aimed to be a young and vibrant law firm which had a boutique and personal type feel. This ethos has not changed; our family has just gotten bigger.Still situated in...
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.