Best Mortgage Lawyers in South Africa

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Johan Jooste & Co
Durban, South Africa

Founded in 1983
English
Johan Jooste & Co, established in 1983 by Johan Jooste, has been a cornerstone of the Durban legal community for over 40 years. The firm offers a comprehensive range of legal services, including family law, personal injury claims, criminal law, and both High Court and Magistrate’s Court...

Founded in 2010
English
Sharon Prinsloo Attorneys & Conveyancers, established in August 2010, is a distinguished law firm located in George, Western Cape. The firm specializes in conveyancing, estates, and wills, continually striving to perfect their legal practice to ensure full compliance with all legal requirements....
Geyser Du Toit Louw and Kitching
Kloof, South Africa

Founded in 1994
English
Geyser Du Toit Louw & Kitching (GDLK) is a specialized and dynamic law firm based in Kloof, KwaZulu-Natal. With a history dating back to 1994, GDLK has established itself as a leading legal practice in the Highway area and throughout the province. The firm offers expert legal advice to both...
GMI Attorneys
Pretoria, South Africa

Founded in 1987
200 people in their team
Afrikaans
English
Southern Sotho
Tsonga
Tswana
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 office in Sandton and has been in existence in its current form since 1985. We specialise in top level Commercial Transactions, Commercial...
Van Dyk Saayman Attorneys
Hermanus, South Africa

English
Van Dyk Saayman Attorneys, located in Hermanus, Western Cape, is a boutique law firm renowned for its specialization in conveyancing, family law, personal injury law, and the administration of deceased estates and wills. The firm offers a comprehensive range of legal services, including property...

English
Badenhorst Prokureurs - Attorneys Conveyancers Notaries Inc is a distinguished legal practice based in South Africa, offering a comprehensive suite of services across litigation, property transfers, notarial work, and general legal consultancy. With decades of combined experience, the firm has...

Founded in 1994
50 people in their team
Afrikaans
English
We are a private legal practice, operating as a partnership between Mahomed Essack and Ruwaida Hansa. Mahomed and Ruwaida, aside from being partners in law, are also partners in marriage. They were admitted as attorneys on 20 December 1994 and have established long lasting relationships with...
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...
Hegarty Attorneys Incorporated
Kimberley, South Africa

Founded in 2013
50 people in their team
Afrikaans
English
Hegarty Attorneys Inc. was founded in 2013 to provide a dynamic service with a difference. We pride ourselves on making the law accessible and easy to understand for everybody.We treat our clients like family and take particular care to ascertain what their needs are and how we can cater to them...
Lanham-Love Attorneys
Saxonwold, South Africa

Founded in 2003
50 people in their team
Afrikaans
English
AboutLanham-Love Galbraith-van Reenen AttorneysLLGV was created in 2021 from Lanham-Love Attorneys and Galbraith Attorneys respectively.Lanham-Love Attorneys was originally founded in 2003 by Bobby Lanham-Love and Galbraith Attorneys in 2006 by Traci Galbraith-van Reenen.LLGV is  an innovative...
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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.