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JW Fourie
JW Fourie, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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can I ask a SA mortgage law

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can I ask a SA mortgage law


when in joint mortgage with other 2 parties and I am the main payer of a mortgage planning to get out settle the mortgage what can I do to be no more in joint partnership as they are not keen in selling out the house


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Province: TSHWANE

Already Tried: 
there is a lot of misunderstanding we are in joint mortgage my daughter and her partner ,I am the main payer of the mortgage they don't pay anything towards bond ,what if I can settle the mortgage?what to do to get out of this strainous situation.

JW Fourie :

I am sorry, but it seems as if your question got cut off. Could you repeat it?

Apologies Mandy, but I have switched to Question and Answer mode. I rarely use chat, so the module is a bit confusing to me. The previous reply was not intended as an answer.

I have now seen your complete question, so if you are willing to work towards a resolution for your problem, let me know and we can take this up further.
Customer: replied 3 years ago.

I just want you to give the ADVICE/ guide what to do to be out of the strainous situation ,What to do to make THEM PAY towards the mortgage as I am the main payer? If I settle the mortgage [what are the chances of me to get the house under my name only note they are not paying

I will gladly advise you and apologize for the earlier confusion. That is totally on me.

Is there an agreement between the three of you that you will each pay the bond in equal shares, or the monthly installment in equal shares?
Customer: replied 3 years ago.

nothing written as they were are of the fact that I was doing for the sake of my daughter to have a shelter and they were aware that the house is mine but to qualify by then we need a joint bond they know that I am going to pay the bond BUT now things they tough for me really misunderstanding my QUESTIONS: what to do to make them pay towards mortgage as they claim the place too as theirs . secondly what if I settle the bond /mortgage what steps to follow in this situation to get the house back under my name only

Mandy, please be patient. I need to get all the information before I can answer the question.

Is the house registered in their name as well at the Deeds Office? That is, is their names on the Deed as well as on the Bond, or only on the Bond?
Customer: replied 3 years ago.

in bond

So, if their name is XXXXX XXXXX the title deed, they would have no claim to the house. That is the first problem out of the way.

Did they pay anything towards the bond or the property or did you pay everything?
Customer: replied 3 years ago.

I did pay everything towards mortgage

If only your name appears on the title deed and their names only appear on the bond, then it means that if you do not pay the installments, the bank can hold them liable for the payment of those installments and the bank can hold you liable as well. So, you all will be liable for that debt. You cannot, however, make them pay off the loan on your behalf since they are sureties and not the principal debtor (which you are). Their obligation to pay only starts when you don't pay.

The fact that their names does not appear on the title deeds means that they only have obligations towards this property and no rights. They cannot, therefore, claim ownership of this property, since they are not the registered owners of this property (since their names are XXXXX XXXXX the title deeds).

So, if you pay off the bond and the bond is canceled, all that means is that they would be absolved from the obligation to stand surety for your debt towards the house.

In short, since their names are XXXXX XXXXX the title deeds, there is no way that they can claim any form of ownership of the property. There is also no way that you can force them to help pay the property and neither should you, because then it would mean they would have a claim against you which could result in them being able to sell the house to pay their claims.

Point is, they have nothing to do with the property at this stage. They only get involved if you stop paying, so, if you are in a position to pay off the mortgage and it is to your benefit, do it and the house would be yours unencumbered.

I hope I have answered all of your questions and addressed all your concerns, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly consider altering your rating.

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