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The bank has obtained a judgment against me on my house but…

The bank has obtained...

The bank has obtained a judgment against me on my house but I can be able to pay errors, is it possible that the bank can reinstate the contract?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the house located?

Boksburg

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Customer reply replied 3 months ago
I understand that if a bank includes the legal fees on my bond account that will be a breach of contract as they need to charge me on a different account?
Answered in 1 hour by:
4/11/2018
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

If, at any time before the bank sells your house on auction, you settle the arrears IN FULL, then the contract is automatically re-instated and the bank needs to continue with the terms of the contract.

This is in line with the Nkata v Firstrand Bank Limited Constitutional Court judgment, which you can read here.

Read the judgment in full because it will help you understand your rights. It also sets out the Court's reasoning.

Basically, you'll need to write to the bank and advise that you can pay the arrears in full, and make payment, and then demand that they re-instate the contract in accordance with Nkata v Firstrand Bank Limited Constitutional Court judgment. They will realise that you know what you're talking about, and should then comply.

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

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Customer reply replied 3 months ago
They've received a judgment on false information because the amount that they say was in arrears included their legal fees of which I believe that the arrears was supposed to be on a separate Account and I pay it separately because even interest won't be the same. Please advice if I had to request the to separate the two so I pay separately, and please advise if they were in breach of contract by adding expenses which do not form part of the bond?

If you don't want to settle the legal fees now and then fight about it later, you can always apply to court for a "rescission" of the judgment based on that incorrect information.

You would need to file an affidavit setting out your version of events, and the reasons why you are entitled to a "rescission" of the judgment.

I must also tell you that there is a time limit as to how long you can still bring such an application. If you are out of that time limit, you'll need to explain in your affidavit WHY you are out of time, and why it is in the court's interest to deal with the matter.

CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
Experience: BCom; LLB; Masters in Law
Verified
CaseLaw and 87 other South Africa Law Specialists are ready to help you
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Customer reply replied 3 months ago
It is less than a month, am I still within the period?

Yes.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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