New Rule 46A of the Uniform Rules of Court

Gazetted Sales in Execution Rules 46A

Click to read this important new rule. Before the bank repossesses your house it must now do many things.

 

For example, any of the following might lead the court to dismiss a bank’s application to sell your house at a sheriff’s auction (known as ‘execution’):

  1. The application has not been served on me personally in terms of subrule 3 d of 46A
  2. The applicant is short served the date of this hearing being less than 15 court days after the service of the application which was on DATE (in terms of 4 a ii with 4 b
  3. There is no market valuation in terms of 5a
  4. There is no local authority valuation in terms of 5b
  5. There is no evidence as to the amounts owing on the mortgage bond in terms of 5c but only a certificate of balance and no evidence to the amount therein disclosed. I am advised that there must be at least a statement of account from the time of alleged default until now.
  6. There is no evidence of the amounts owed to a local authority in terms of 5d which is fundamental to a fair auction sale as without it, potential buyers will be reluctant to bid and will bid less.
  7. There is no evidence of amounts owing in complex levies in terms of 5e

 

 

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