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Sequestration with Property

VOLUNTARY SURRENDER

WITH PROPERTY

(When there is a bond on the property)

  1. If you have received a summons on your property or an auction date have been fixed already, it is very important to get the ball rolling as soon as possible. As soon as the voluntary surrendering is published in the Government Gazette, all legal action is stopped.
  2. A valuation is also done on your property, and if any improvements were done on your property it is also stipulated on the valuation.
  3. The curator which is appointed by the master of the high court will first try to sell the property by using estate agents, and they will make an appointment with you as with the normal selling of a property.
  4. You will not be asked to vacate your property for at least 4 months unless the property is sold by the estate agents during this period, and if the property was not sold during this period, the Curator will give you 30 days’ notice to vacate the property for auction purposes. The only account that will still be paid by you (the Client) is the Municipal account for water and lights, to avoid it being cut off. It is also advisable not to vacate the property before it is really necessary because a property is sold easier when you are staying there and it prevents plundering.
  5. Another advantage of voluntary surrendering is that you are not troubled with the selling of your property, everything is handled by the Curator.
  6. In some cases, we will give the bank the option to sell your house in a quick sale. This is just to motivate your application in court when we proceed with the Voluntary Surrender with the property.

It is important to remember that all Debt must be declared including Property, Vehicles etc, and is it not possible to exclude any debt from the Voluntary Surrender.

WHAT HAPPENS WHEN YOUR HOUSE IS PAID UP?

When your house is paid up and registered on your name it will form part of the application of sequestration. If it is in a trust and you are not a trustee you will keep it.

WHAT HAPPENS TO YOUR VEHICLE?

  1. If you bought your vehicle on hire-purchase (HP), the court rules determine that the bank can reposes the vehicle, and if you want to make any arrangement with the bank concerning your vehicle it would be at your own risk if the bank takes back the vehicle at a later stage.
  2. Your vehicles are relatively safe if it was bought on a lease agreement as long as the payments are kept up to date, and the decision stays with the Bank because a lease doesn’t fall under sequestration. The Banks normally don’t have a problem as long as there is insurance on the vehicle and the instalment is paid.
  3. If the vehicle is registered on somebody else’s name already, there would be no danger that the bank will reposes the vehicle.
  4. If the vehicle is on your name but paid up, you will keep it.

COSTS REGARDING SURRENDERING OF YOUR ESTATE

  1. Everybody’s situation is different and the cost will be calculated accordingly. Let me first give you a free quotation.
  2. If you are married out of community of property, it will be two applications and therefore the costs would be double the amount.

We don’t want you to pay any unnecessary cost and therefore we kept the cost to start the surrendering of your estate as low as possible.

All the above are the true facts and further, we want to remind you that if you received summonses or the sheriff visited you already, we have to get the ball rolling as soon as possible.

Download Sequestration Application Form

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