Why a Home Loan Prequalification Matters
So you’ve been looking to buy your dream home, and you’ve seen something for sale that grabs your fancy. Now imagine yourself walking through the front door carrying a suitcase filled with cash. You’ll certainly get the buyer’s attention, won’t you? Of course, not many people are in the fortunate position of being able to pay cash for a property—but being prequalified for your home loan is the next best thing. What does it actually mean to be prequalified for a home loan, and does this process put you under any legal or financial obligations? The short answer is no. Unlike a promissory note—also known as a loan agreement—a prequalification doesn’t require any financial commitment on your part. However, this does not mean that you should set an unrealistic expectation of what your prequalification amount might be. Simply put, you wouldn’t walk into a store to purchase an item that you unequivocally could not afford. So why would you shop outside of your price range when buying a home? A prequalification is a clear indicator of what you can afford, and what your credit rating is. These two indicators are essential when purchasing a home. The bank will only approve you for an amount that you can afford to repay each month, and a bad credit rating (under 600) will not be accepted. According to recent statistics, 8.4% of home loan applications are declined due to poor credit scores, and 7.7% due to affordability. Do your homework Buying a home is an emotional and lengthy process. In addition to behind-the-scenes research and viewings, one needs to consider the process of putting in an Offer to Purchase, which—if accepted—is legally binding. This paperwork takes time, and requires input from the buyer, the seller, and the agent. Without a prequalification, there is a chance that the offer will be rejected—and that all the work would be done in vain. Also, keep in mind that if you have been rejected by the banks, you will need to wait three months before reapplying for a home loan. What a prequalification entails A prequalification can be easily undertaken online, and acts as an estimate of what you can afford as it is based on your monthly earnings, expenses, and any debts that you may have. The certificate is valid for 90 days. While this step won’t 100% guarantee that you will be approved by the banks, a prequalification is an easy way to determine the price category that you can shop around in. Conversely, if a prequalification is denied, it helps prospective homebuyers to be more realistic and to end the process before sinking any money or time into an application. Does a prequalification give you an edge? It certainly does, and the reasons as follows: Shopping with confidence: Knowing your credit score gives you the opportunity to address any issues before putting in an offer. A prequalification also gives you a pretty accurate picture of what you can actually afford. Standing out from the crowd: Sellers are more likely to accept an offer from someone who has a prequalification. This acts as proof that you can afford what you’re buying, and the likelihood that you will be approved by the banks. In a bidding war, a prequalification will help you to stand out. Avoiding disappointment: A prequalification protects you from putting in an offer on a property that you can’t afford, and will ten to one be turned down for. WRITTEN BY RHYS DYER Rhys Dyer is a real estate specialist. While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither writers of articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.
Are You Obligated to Pay Arrear Levies When Purchasing a Sectional Title Unit? Part 2
Recently, the High Court and the Supreme Court of Appeal (SCA) were required to interpret Section 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986 in relation to a sale in execution in the case of the Body Corporate of Marsh Rose v Arno Steinmuller and others. The issue in the appeal is firstly, the statuses of the parties, consequently, whether the body corporate’s reliance on the statutory embargo is susceptible to challenge and secondly, the High Court’s order, which irrespective of the interpretation given to the embargo provision, cannot stand. In 2018, Mr Steinmuller acquired a unit in a sectional title scheme at a sale in execution. The transfer was authorised by a court order that Standard Bank obtained against the registered owner of the unit. It’s important to note that, as per the Act, a body corporate is not considered an owner of property; it merely manages the common property on behalf of the individual owners. Simply put, the body corporate is not a party to the sale agreement. The said sale was contingent upon the published conditions of sale, which described that the Purchaser was liable for certain payments including: “All levies due to a Body Corporate in terms of the Sectional Titles Act, 1986…” If a property is sold in execution, a contract is established between the sheriff, who executes the court order, and the purchaser, whose bid is approved. The execution creditor (Standard Bank) is thus also not a party to the agreement. The purchaser bears the responsibility to pay the purchase price and any additional amounts due to abide by the terms of the agreement. This is a contractual obligation. The sheriff may enforce the terms of the sale agreement or seek cancellation of the transaction in accordance with rule 46(11) if a buyer fails to meet a condition of the sale. In this case, the terms of the sale stipulated that the sheriff would be entitled to recover levies that were due to the body corporate as part of the purchaser’s payment. This was the context in which the appeal needed to be resolved. Mr. Steinmuller would only have an enforceable right if he had fulfilled his contractual duties under the terms of the agreement of sale. His right operates against the sheriff and not the body corporate. If Mr. Steinmuller’s contractual obligations are limited by the terms of sale, he might be able to demand that the sheriff grant transfer upon payment of that money. He cannot, however, insist that the body corporate accept his offered payment and, as a result, offer a clearance certificate that would allow the transfer to take place. The body corporate’s statutory power to refuse to issue a clearance certificate until all outstanding payments have been made cannot be limited by Mr Steinmuller’s contractual right to transfer. A conveyancer’s certificate attesting to the fact that all money owed to the body corporate has been paid is required before the sheriff can grant transfer. Until the terms of the embargo are fulfilled, the body corporate would legally be able to refuse to deliver the certificate. The result is that Mr. Steinmuller is not a party to any disagreement that may exist conceptually about what is owed to the body corporate, he has no legal interest. As a result, the SCA ordered that the High Court’s ruling be set aside and replaced with an order dismissing the application with costs, including the costs of two legal counsels where so employed. The court concluded that, with regards to the decision in Barnard NO v Regspersoon van Aminie en ’n ander, legal fees paid to recover money owed to the body corporate was protected by s15B(3)(a) of the Act. While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.
Tenant ‘Red Flags’ and How to Avoid Them
The wrong tenant can have a lasting negative effect. The residential property industry continues its upward trajectory, and investors are getting in on the action. However, with the rise of investors choosing to take advantage of low prices and invest in ‘buy-to-let’ properties comes an excess supply of rental properties in areas with high supply and low demand. Residential rental vacancies in Gauteng are currently sitting at a high rate of 11.9%, while the Western Cape is sitting at a slightly lower 11.4% vacancy rate, according to TPN’s 2021 Q4 data. Although landlords may be getting desperate, industry experts advise you to think twice before signing on the first tenant who comes your way. Placing a tenant in your vacant property might help curb your losses in the short term, but putting the wrong tenant in can have a lasting negative effect. Contrary to popular belief, the law protects both the landlord and the tenant’s rights—and both parties are strongly urged to do their due diligence prior to signing a lease agreement. In terms of obligations, those of the tenant include the requirement to pay rent promptly, to take care of the property, and to return the property in the same condition in which it was received. Landlords, on the other hand, are required to provide the tenant with access to a safe home in good working order. They are also required to maintain the exterior of the building and to protect the tenant’s deposit. While some properties are enjoying an influx of rental applications, others are desperately seeking tenants—both of which are at risk. Receiving a rental application is a big relief for a landlord, so much so that they often overlook several red flags. Unfortunately, the price of avoiding the warning signs and securing a problem tenant carries a high price for landlords. This is because evicting tenants is a long and costly process in South Africa, requiring landlords to serve tenants with a ‘tenant eviction notice’ before they are entitled to a court hearing. Even if the court process rules in the landlord’s favour, only a court-appointed sheriff is allowed to remove the tenant’s belongings – and this process can take weeks, if not months. The obvious red flags While some of these red flags can be avoided by using a reputable letting agent (and agency), some of these obvious ones are often overlooked. A poor credit score A credit score refers to one’s ability to pay back their debt on time. The COVID-19 pandemic has further exacerbated high levels of debt in South Africa, and this will be a prevalent issue for years to come. Therefore, prior to signing on a tenant, a thorough credit check should be run. A credit score of 610-plus is generally acceptable. Affordability The general rule of thumb is that one’s monthly rental should not exceed 30% of their monthly salary. Accordingly, an assessment of a prospective tenant’s affordability will give a landlord a clearer idea of their monthly income and expenditure. Agents and landlords should ensure that the tenant has enough income left over to pay their rent, electricity, and water (where required). References A tenant will require a reference from previous landlords to determine their behaviour as a tenant. A reference tells the landlord who the tenant is, and whether they are reliable. If the prospective tenant has no prior rental history, they will need to either arrange a co-signature on their lease agreement or offer to put another credible reference forward, such as their employer. The not-so-obvious red flags This list of potential red flags includes those that do not readily come to mind, which results in many landlords overlooking them in the tenant screening process: Employment history Employment is hard to come by. However, some prospective tenants’ short employment histories can tell a different story. Job hoppers or people who run into trouble in the workplace can sometimes display this kind of behaviour in their home lives as well. Criminal history Performing a criminal background check may sound extreme, but this is a standard part of the hiring process in many industries—and rentals should be no different. Some companies such as TPN provide a SAPS criminal background check to landlords as part of their Credit Check offering to ensure that your tenant is safe, honest, and reliable. General behaviour Quite often there are red flags from the very first engagement with a tenant. In some cases, they are hard to reach, or can be extremely difficult and demanding for no apparent reason. This is another reason why it’s important to use a rental agent whose judgement you can trust. Ensuring a good tenant-landlord relationship Here is some advice that will help landlords to ensure a smooth relationship with their tenant: Always communicate In cases where the tenant already occupies the property, be sure to communicate—and put everything in writing. Remain calm and rational should something go wrong and seek advice from estate agents and, when necessary, your attorney. Don’t be fooled by fast cash Don’t fall into the trap of accepting a large sum of cash upfront instead of regular rental payments. Just because they have the money now, doesn’t mean they’ll have it in four months’ time when the next payment is due. Don’t rush In cases where the tenant is dragging their feet about signing the rental agreement, don’t lose hope yet. Try your best to clearly communicate, perform all the necessary checks, answer any questions they may have, and spend a few days mulling over your decision before jumping into a lease agreement. Trust your gut Much like in any relationship, if something feels off when you’re engaging with a prospective tenant, trust your instincts. Paperwork can be forged, but your intuition is rarely wrong. WRITTEN BY GRANT SMEE Grant Smee is a property entrepreneur and a managing director. While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of the articles
Complex Living: Be Aware of the Hidden Costs
When considering the purchase of a unit within a complex, it’s crucial to look beyond the surface-level expenses such as the advertised levies. Without thorough research, potential buyers may find themselves facing unexpected financial burdens. The structure of sectional title schemes In sectional title schemes, you own your unit but share ownership of the property’s common areas with other unit owners. This collective ownership, known as the body corporate, is responsible for the maintenance of exteriors, gardens, security, and the overall upkeep of the complex. These responsibilities are funded through monthly levies, which can be more complex than they first appear. Monthly administrative levy The administrative levy is the primary fee in sectional title schemes, varying based on your unit’s size, which means that larger units contribute more. This levy covers not just the utilities—such as electricity and water, billed collectively to the scheme and then apportioned to units based on usage—but also the maintenance of common areas, operational expenses, and building insurance. Reserve funds and special levies Since 2016, a law has mandated that a portion of levies be allocated to reserve funds for long-term maintenance, guided by a 10-year capital expenditure plan. This fund, typically no less than 15% of the administrative levy, is designed to prevent the sudden imposition of special levies for major maintenance projects. Despite the reserve fund’s intent to cover large expenses, unforeseen costs like significant repairs or utility billing errors can necessitate special levies. These are decided by the trustees and can represent a significant additional cost. CSOS levy The Community Scheme Ombud Service (CSOS) levy, another cost in sectional title schemes, is the lower of R40 or 2% of an owner’s levy when it exceeds R500, with no levy charged for amounts under R500. This is collected quarterly by managing agents. The risk of non-paying owners Non-paying owners in sectional title schemes pose a significant risk, which can strain the scheme’s finances. Trustees can address late levies by seeking an adjudication order from the Community Schemes Ombud Service (CSOS) or taking legal action through an attorney to enforce payments. However, these steps can take time, and in the interim, compliant owners may face unexpected special levies as the scheme manages these financial shortfalls, directly impacting your budget and financial planning. Make an informed decision Before committing to a purchase, prospective buyers should request the latest levy statement to fully understand monthly charges, particularly since utilities are included in sectional titles. The actual cost, including utilities, can far exceed initial quotes. It’s also vital to review the most recent AGM pack, current budget, and financial statements to understand the financial health of the scheme and avoid investing in a poorly managed, financially unstable scheme. While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.
Who Owns Your Home—the Bank, or You?
With the vast majority of homes being financed through the country’s biggest banks, the popular online debate around who owns a mortgaged home in South Africa continues. While some would argue that the bank owns your home, the truth lies in two salient points: The authority that you elect to take on as soon as the bond is transferred into your name; The all-important title deed. As a homeowner, the important decisions related to your home are dictated by you—not the bank. You have the power to decide whether you wish to renovate, extend, decorate, paint, update the landscaping, lease out the property, or even sell. You are also responsible for the maintenance, repairs and general upkeep of the property. If you were to sell, the first proceeds of the property sale would go towards paying off what you still owe on your home loan. Anything over and above would be profits for you to keep. Further to this, a crucial piece of evidence around homeownership hinges on the title deed. The name on the title deed of a home is the legally recognised owner, and this can be verified through the Deeds Office. If you were to access the title deed of the property, you would clearly see your name on it as the official owner. However, the bank’s name will also be listed on the title deed, not as the property owner, but as the holder of your mortgage bond. A homeowner will only receive their title deed once the home loan is paid off. The title deed will be kept by the lender or bank until the said home loan is paid off. With the majority of South Africa’s homes (69% according to Lightstone’s latest statistics) still being financed through the banks, the term ‘homeowner’ supports the argument. When you purchase a home—bonded or not—you are automatically deemed a homeowner. What is a title deed? A title deed is an important legal document used to determine the ownership of a property (or piece of land). When you purchase a property, a conveyancing attorney is appointed to transfer the title deed into your name, and you will need to cover the relevant fees related to the transfer. The transfer process usually takes about three months following the approval of the home loan. Once the bond registration and transfer process has completed, the title document will then be registered at the Deeds Office, which can take up to three weeks to be finalised. The title deed includes important information such as the homebuyers’ personal details, a description of the property, the property purchase price, the date when the property was last transferred, any factors that could restrict the sale of the property in future—for example, a home loan—and any restrictions that apply to the purchase of the property. It also includes an official Deeds Registry Office seal to indicate that the deed has been recorded in the name of the owner, and the date. In the case of joint property ownership, which is becoming increasingly commonplace, the title deed will also set out how much of the property is owned by each person. If I default on my repayments, is the house still mine? The common question of ‘who owns your home’ shines a spotlight on some South Africans’ misconceptions of homeownership. This misconception generally stems from the repossession process in which a bank can repossess and sell your asset, should you default on your home loan repayments. However, while this is factually true, the repossession process creates a legal and administrative headache for the banks and is therefore viewed as a last resort—meaning that they will often be willing to work with the homeowner to find a way to help them repay their debt over time. Homeowners in financial distress have access to the following avenues to avoid repossession: Rescheduling or restructuring your debt; Renegotiating your home loan term; Requesting a payment holiday; Rearranging your repayment agreement; Selling your home; Accessing credit insurance. Unbeknown to many, the local area municipality also has the right to foreclose and sell your home should you repeatedly default on rates and taxes, while the Body Corporate (in the case of sectional title properties) can opt to have the property attached and sold should you default on your levies over an extended period. While the recourse for repossession is lengthy and will follow due processes, it is important to note that the banks aren’t the only ones with the power to do so. Protect yourself by paying all fees—on time, every time—and prioritising your financial wellness as a homeowner. WRITTEN BY GAVIN LOMBERG Gavin Lomberg is a home financing specialist. While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither writers of articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes.
Understanding homeowners associations (HOAs)
If you are considering buying a property in a housing development, it’s essential to understand what a Homeowners Association (HOA) is and how it operates. HOAs are legal entities responsible for managing and regulating housing development schemes. Although homeowners own their individual properties, the HOA maintains and oversees communal infrastructure, such as roads, security systems, and other shared amenities. When purchasing a property in a housing development, the title deed will typically include a condition that mandates automatic membership in the HOA for the new owner. Additionally, the transfer of ownership cannot occur without the HOA’s approval. During the registration process, you will receive access to the HOA’s Constitution and Conduct Rules. Here is an example of the language you might find in the title deed: “SUBJECT to the following condition contained in Deed of Transfer Number Txxxx/20xxx, imposed by Stormers Country Estate (Pty) Ltd, Registration Number XXXX/XXXXX/XX, as developers, and as stipulated in the Stormers Country Estate Homeowners Association Constitution, established under Section 29 of the Land Use Planning Ordinance No 15 of 1985, and approved by the City of Cape Town under Section 42 of the same ordinance, regarding the subdivision of Erf XXXX Cape Town: ‘That the within property may not be sold or transferred without the prior written consent of the Stormers Country Estate Homeowners Association, of which the Transferee shall become a member. Such consent shall not be unreasonably withheld.’” HOAs can be established through two legal structures: as a non-profit company or a common law association. Non-Profit Company: An HOA set up as a non-profit company operates under a Memorandum of Incorporation and is governed by the Company Act. Common Law Association: An HOA established under common law operates according to its Constitution, guided by Common Law. In both structures, the HOA’s governing documents serve as binding contracts for homeowners/members within the development. These financial and governance documents must be submitted annually to the Community Schemes Ombud Services (CSOS) for record-keeping and oversight. The Constitution and Core Duties of HOAs The Constitution of a common law association outlines the operational obligations and governance structure of the HOA. It allows members or executive members to create regulations and rules that bind all members. The Constitution details the scope of the HOA’s activities and the powers of its executives, which are typically defined during general meetings. Core Duties: Maintenance and Repairs: One of the HOA’s primary responsibilities is the upkeep and repair of communal spaces and shared amenities. This includes tasks such as landscaping, pool maintenance, parking lot upkeep, and the management of recreational facilities. By collecting membership fees, the HOA ensures these areas are well-maintained, enhancing the living experience for all residents. Enforcement of Rules and Regulations: HOAs establish and enforce community guidelines, which may cover architectural standards, noise restrictions, pet policies, and parking regulations. These rules are essential for maintaining the community’s appearance and ensuring a high quality of life for all members. Financial Management: The HOA board oversees budgeting and financial management, ensuring funds are allocated transparently and effectively. While HOAs do not have inherent powers to impose penalties on members, their governance documents may grant them the authority to pursue legal action for collecting overdue levies, fines, or other fees owed by members. A well-managed HOA, with effective oversight by elected executives, can foster a strong sense of community and potentially enhance the market value of individual properties. Before purchasing a property within a housing development scheme, reviewing the applicable governance documents and familiarising yourself with the rules and regulations you will be expected to follow is crucial. Reference: Home Owners’ Survival Manual by Graham Paddocks While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes. Powered by SucceedGroup
Are you obligated to pay arrear levies when purchasing a sectional title unit? Part 1
Recently, the High Court and the Supreme Court of Appeal (SCA) was required to interpret Section 15B(3)(a)(i)(aa) of the Sectional Titles Act 95 of 1986 in relation to a sale in execution in the case of the Body Corporate of Marsh Rose v Arno Steinmuller and others. The Sectional Titles Act 95 of 1986 stipulates in Section 15B(3)(a)(i)(aa) that the registrar of deeds shall not register a transfer of a unit or an undivided share therein unless he is presented with a conveyancer’s certificate attesting to the fact that, as of the date of registration, the body corporate has certified that all monies owed to the body corporate by the transferor in respect of the said unit have been paid, or that payment has been made to the satisfaction of the body corporate. In this matter, Mr Steinmuller bought a property in a sectional title scheme sold by the sheriff in a sale in execution. The previous owner of the property owed money to the body corporate of Marsh Rose in respect of arrear levies. The body corporate obtained a judgment against the previous owner for the said amount. When Mr Steinmuller purchased the property at the sale in execution, the judgment debt was still due. The body corporate sent Mr Steinmuller an invoice stating that an amount was owed to them for the property purchased (the clearance figures), which had to be paid before the body corporate would provide the clearance certificate. According to the terms of the sale in execution, Mr Steinmuller was required to pay any levies that were owed to the homeowners’ association or body corporate. He insisted on receiving the ledgers containing the sums claimed for levies for the specific period, as well as the resolutions passed by the body corporate’s trustees regarding the interest charged thereon. The body corporate declined to give the requested information. It stated that Mr Steinmuller was not yet the owner and therefore not entitled to receive it. Due to this, he filed an application with the High Court of Gauteng, requesting an order directing the body corporate to sign all documents and take the required actions to enable the transfer of the property into his name, against payment of R150 000 into a trust account as security for the levies that the body corporate was owed. The High Court granted his application with an increase of the sum to be paid into a trust account as security. The judgment debt that the body corporate acquired against the property’s former owner was not included in the sum granted. According to the court’s ruling, a judgment debt is not an obligation owing to the property and thus should not be a burden on the new purchaser. The body corporate appealed to the SCA with the National Association of Managing Agents (NPC) as co-appellant. The SCA ruling will be discussed in part 2 hereof. While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes. Powered by SucceedGroup
Property advice in an election year
Buy now, sell later. This year, almost half of the world’s inhabitants will head to the polls to elect their new governments, including eight of the world’s 10 most populous countries. In South Africa, we can expect our own election to put the property market into a temporary holding pattern, dragging on the subtle buyer’s market we have been experiencing. However, while owners are advised to wait until the end of the year to consider selling their property, buyers are cautioned against getting caught up in election fears and missing out on real estate bargains. The impact of sentiment All market behaviours are driven by sentiment. South Africans face uncertainty around the outcome of the election and the likelihood that, for the first time in its history, the country will be led by a coalition government at the national level. This creates negative sentiment that is also being fuelled by the heightened and increasingly populist rhetoric of competing political parties—and persistent factors, like the delay in interest rate cuts and a declining rand, only add to the doubt. While we were all hoping for a downturn in the rate cycle at SARB’s May or July meeting, it is now doubtful that anything will happen before September. The MPC remains hawkish and seems unlikely to move interest rates downwards before the US Federal Reserve has lowered its policy rate. That’s expected well after the election, and these compounded concerns are pushing people to take a wait-and-see approach—including in the buying and selling of property. A first for South Africa All countries with a proportional representation electoral system eventually face a coalition government scenario. The likelihood of a national governing coalition is therefore a sign that our political system is maturing. This will be South Africa’s first coalition government at a national level, and the norms associated with such a structure have never been firmly established among the political class or the voting population. While national coalitions are a sign of progress and maturity, it is likely to lead to a lot of short- to medium-term noise that is likely to have a continuing and unpredictable impact on sentiment in all markets, including the property market. Countries like Belgium with older proportional representation systems have developed the advanced bureaucracy necessary to almost run the country on autopilot, even without a government. South Africa, however, still needs to find its footing in any coalition pacts and develop the necessary protocols among participants intent on promoting their own interests. This means that things will probably be noisy and messy for some time after the election, as parties attempt to nail down the terms of their respective alliances. At the moment, the nearest we have to some agreement is the Multiparty Charter whose only purpose is to counter a national coalition between the ANC and EFF. What to expect from property Currently, it’s still a buyer’s market for property, and it definitely won’t turn into a seller’s market until after the election and a rate cut. Until then, we can expect that property price growth will remain low. However, once the election outcome is known, and provided we have avoided worst-case scenarios, and the rate cut is at hand, we can expect pent-up demand for property to spill into the market and significantly increase demand. In addition, weak economic growth means that sellers who can afford to wait should indeed wait until spring or summer to see if they can fetch a good price for their property relative to the market. Winter is historically not a great time for selling homes anyway. Despite the general mood brought on by politics and the interest rate cycle, the market in the Western Cape remains buoyant—and there are signs of buyers returning in earnest to areas like southern Gauteng and areas east of Pretoria. The smart money of property investors also remains in the market, signalling that opportunities exist. Along with low property price growth, this means that astute buyers can still pick up bargains while others hesitate. If you want to buy, buy now—and don’t be put off by sentiment-driven hesitance that currently prevails in the market election sentiment. In the South African property market, due to structural factors, what goes down must eventually come up. WRITTEN BY RENIER KRIEK Renier Kriek is a property specialist. While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes. Powered by SucceedGroup
Understanding mortgage bond cancellation: Key steps and considerations
In South Africa, the process of cancelling a mortgage bond is commonly necessitated when a property is sold or the bond is fully paid off. This procedure is intricate, consisting of several critical steps: Step 1: Notice of cancellation Initially, the property owner must submit a notice of intent to cancel the bond to the lending institution. This step typically requires a 90-day written notice. However, there are exceptions to penalty fees for failure to provide this notice, such as when the property is part of a deceased estate, a sequestrated estate, or if a new bond is being taken with the same institution. Step 2: Request cancellation figures Following the notice, a conveyancing attorney should be instructed to request cancellation figures from the lending institution. These figures, which include the outstanding balance, interest due, and service fees, are essential to determine the total amount needed to settle the remaining debt. Step 3: Settle outstanding amounts After obtaining the cancellation figures, the next step is to settle all outstanding amounts. This settlement usually comes from the proceeds of the property sale. It’s important to note that from the date the settlement figures are issued until the bond is officially cancelled, lenders charge interest on the outstanding balance. Also, if insurance premiums are debited from the home loan account, these should be transferred to a different account to ensure continuous coverage after bond cancellation. Additionally, cancellation fees, mainly comprising costs for the Deeds Office process and administrative fees, are handled by the conveyancing attorney and are the responsibility of the seller or bondholder. Step 4: Issue and receive the bond cancellation certificate Once financial obligations are settled, including outstanding amounts and necessary fees, the lender issues a bond cancellation certificate. This certificate is pivotal as it officially indicates that the bond against the property is fully settled with no remaining debts. Step 5: Registration of bond cancellation The bond cancellation must then be registered with the South African Deeds Office, a step typically managed by the conveyancing attorney. This registration is the legal acknowledgement that the bond is removed from the property’s title deed, which is vital for legally freeing the property from the bond. Step 6: Confirmation and finalisation Finally, upon completion of the bond cancellation registration, either the homeowner or the new property owner, if the property was sold, receives confirmation that the process is complete. This typically includes receiving a clean title deed, now free from any bond annotations. The bond cancellation process in South Africa is a meticulous and structured procedure. It starts with notification of intent, proceeds through obtaining and settling financial figures, involves paying legal and administrative fees, and culminates in the legal removal of the bond from the property’s title deed. This comprehensive process is crucial for ensuring clear property ownership transfer and finalising the homeowner’s financial obligations, thereby maintaining the integrity of property transactions and ownership in South Africa. While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes. Powered by SucceedGroup
Factors to Consider Before Negotiating Your Home Loan’s Interest Rate
As interest rates continue to rise, many homeowners find themselves contemplating the idea of fixing their home loan interest rates. Initially, when the interest rate hike began after the historically low rates experienced in 2020, experts advised against fixing rates. However, the landscape has evolved since then, and the decision to fix your interest rate may no longer be a one-size-fits-all scenario. Instead, it’s crucial for every homeowner to carefully evaluate their unique circumstances and financial preferences before making this significant financial decision. Budgeting and peace of mind One of the primary considerations when contemplating whether to fix your interest rate is your budgeting and peace of mind. If having a stable and predictable monthly repayment amount is a top priority for you, then opting for a fixed interest rate can offer significant peace of mind. It eliminates the uncertainty associated with potential interest rate fluctuations, allowing you to budget effectively and plan your finances with confidence. Moreover, it can shield you from the stress that comes with worrying about unexpected increases in your monthly mortgage payments. Current interest rate environment: Additionally, the current interest rate environment plays a pivotal role in this decision-making process. If you’re contemplating fixing your interest rate, consider the prevailing interest rates at the time. If interest rates are relatively low when you make your decision, locking in a fixed interest rate can be a strategic move. It enables you to secure these favourable rates, safeguarding your financial stability from potential future rate hikes. Duration of your home loan However, it’s essential to bear in mind that the duration of your loan should also influence your decision. For instance, if you’re embarking on a long-term loan, spanning 20 or 30 years, opting for a fixed interest rate can offer financial stability over the extended term. Keep in mind that fixed-rate terms typically last for a set period, and you may need to renegotiate a new rate every five years, depending on your lender’s terms and market conditions. Flexibility and potential savings On the other hand, variable interest rates offer a different set of advantages. They provide flexibility and the potential for savings, especially if interest rates decrease in the future. Initially, variable rates can be lower than fixed rates, offering lower monthly payments that can free up your cash flow for other purposes. This flexibility can be particularly appealing if you anticipate changes in your financial situation or if you plan to make extra repayments towards your mortgage. It’s important to weigh these factors and consult with financial advisors or mortgage experts who can provide personalised advice based on your specific financial situation and market conditions. While every reasonable effort is taken to ensure the accuracy and soundness of the contents of this publication, neither the writers of the articles nor the publisher will bear any responsibility for the consequences of any actions based on information or recommendations contained herein. Our material is for informational purposes. Powered by SucceedGroup