Absa Bank High Court

[Teo van Niekerk]

I have spent three years in litigation with ABSA bank who filed papers against me to get summary judgment against me for a default on my mortgage bond.
After two years , they actually withdrew the case only to refile it a year later.
As you can imagine, I'm just about out of cash trying to fight this legal onslaught and last week appeared in court in person to object to there bully tactics .
I'm one of hundreds of home owners who dared take on a bank and I believe I have a water tight case.
ABSA has blamed a fire and then filed papers to say they simply misplaced my mortgage bond agreement and simply based their case on "fabricated agreements",totally unsigned,not acknowledged by me IN ANY WAY.
They have also kicked in the acceleration clause and are calling for the full amount as part of a scare tactic.
The above is obviously HIGHLY against the Uniform rules of law ( 32(2),18(4),18(6)) never mind the various laws that govern our constitutional rights and the laws of the Deeds registry.
My issue is that I'm out of money and without legal help, the bank will simply steamroll me and achieve a summary judgment and I will loose my house.
How can I get assistance from a advocate to represent me in High Court
I'm sure their are hundreds of people who are in the same boat and going forward I think we should bring a class action law suit to fight this type of non-compliance by the bullying banks.
Any body with help will be HUGELY appreciated .

 

[Eti1]

An attorney would be able to refer you to an advocate. Some attorneys may appear in the High Court themselves.

Attorneys can work on a contingency fee basis. No win, no fee. Or keep representing yourself?

I agree that you have a defence to the summary judgement application. It's absolute rubbish from Absa. And they have been getting away with it until recently.

 

[BTTB]

Probably a silly question, have you tried phoning and talking with our bank to resolve this out of court?

Philanthropist like Wendy Appelbaum?
That is if your case and what you say can be based on a legal winnable argument.

Google South African philanthropists, otherwise good luck with your quest. Must be very stressful, do look after your health as without it the money doesn't mean a thing.

 

[Eti1]

Also, you could try calling the local Bar to find out whether an advocate is willing to work pro bono

 

[3Gee]

Go to court, tell them you cannot afford representation. The court is forced to appoint a lawyer

 

[Arthur]

Go to court, tell them you cannot afford representation. The court is forced to appoint a lawyer

Not in a civil matter.

 

[supersunbird]

I have heard the property repossession system is very unfair in SA compared to the rest of the world.

But then again, you are only out of money now and not when you missed the mortgage payments? Weird...

 

[chrisc]

Are you in default on your bond? If so, how much? Do you not have the original papers showing amounts, etc? There seems to be something missing from the story

 

[Magandroid]

Similar story involving ABSA and these sisters won.
http://www.acts.co.za/news/blog/2014/11/absa-gets-snotklapped-in-pretoria-high-court-by-womens-army

 

[3Gee]

Not in a civil matter.

You have nothing to loose in approaching the the judge of the high court and stating that you can no longer afford legal representation. The judge will use his discretion and appoint a lawyer or insist the parties sort the matter out on their own.

 

[Adrianax]

I have spent three years in litigation with ABSA bank who filed papers against me to get summary judgment against me for a default on my mortgage bond.
After two years , they actually withdrew the case only to refile it a year later.
As you can imagine, I'm just about out of cash trying to fight this legal onslaught and last week appeared in court in person to object to there bully tactics .
I'm one of hundreds of home owners who dared take on a bank and I believe I have a water tight case.
ABSA has blamed a fire and then filed papers to say they simply misplaced my mortgage bond agreement and simply based their case on "fabricated agreements",totally unsigned,not acknowledged by me IN ANY WAY.
They have also kicked in the acceleration clause and are calling for the full amount as part of a scare tactic.
The above is obviously HIGHLY against the Uniform rules of law ( 32(2),18(4),18(6)) never mind the various laws that govern our constitutional rights and the laws of the Deeds registry.
My issue is that I'm out of money and without legal help, the bank will simply steamroll me and achieve a summary judgment and I will loose my house.
How can I get assistance from a advocate to represent me in High Court
I'm sure their are hundreds of people who are in the same boat and going forward I think we should bring a class action law suit to fight this type of non-compliance by the bullying banks.
Any body with help will be HUGELY appreciated .

Contact Legal Aid South Africa as soon as possible - http://www.legal-aid.co.za/

If you do not qualify for making use of them, you will need to go find an advocate willing to take your case on pro-bono.

If all fails, you will unfortunately not be able to defend yourself and you are likely to lose your house. Unfortunately, this is an age-old strategy most banks have been implementing for many many years. They drain you financially with a large number of appearances and postponements and then take actions to take your house.

We always tell people who wants to take on banks, be sure that you have access to tens of millions of Rands. Litigation is expensive and these organizations will use each and every loophole in the legal system to ensure you use each and every cent, no matter if they are in the wrong. They will only settle the moment they realize you are in a position to continue indefinitely with litigation.

Alternatively, go negotiate with the bank in an attempt to save it.

 

[ProfA]

how could you afford lawyers and not the mortgage payment?

 

[supersunbird]

how could you afford lawyers and not the mortgage payment?

We think in a similar vein...

I have heard the property repossession system is very unfair in SA compared to the rest of the world.

But then again, you are only out of money now and not when you missed the mortgage payments? Weird...

 

[RedViking]

I have spent three years in litigation with ABSA bank who filed papers against me to get summary judgment against me for a default on my mortgage bond.
After two years , they actually withdrew the case only to refile it a year later.
As you can imagine, I'm just about out of cash trying to fight this legal onslaught and last week appeared in court in person to object to there bully tactics .

I don't have a house so I ask generally. My parents had a house and it got taken away, but they also made some bad decisions.

Won't it be cheaper to just pay back the money you owe, sell the house, get something you can afford instead of spending all the money on legal fees and a case where most likely will loose because the house belongs to the bank?

I understand banks are evil and they thrive on those who can't payback the loans, but the way I understand it is, when you buy a house via the bank it belongs to the bank until you have finished paying for it?

What I don't understand is when the banks make such an issue to get their property back and then they sell it for next to nothing.

 

[Alton Turner Blackwood]

So you stopped paying for your house for two years and wondered why ABSA refiled the case? This thread makes no sense

 

[Eti1]

The bank doesn't own the house, it just has the right to attach and sell the house if the mortgage bond isn't paid. Amounts to a similar thing, but ja.

The banks often have complex agreements in place regarding the sale of foreclosed houses. That's why they will sell a property for peanuts. Well that's what I heard.

 

[RedViking]

The bank doesn't own the house, it just has the right to attach and sell the house if the mortgage bond isn't paid. Amounts to a similar thing, but ja.

That makes sense. I don't see the reason then to take them on anyways. If you know this was the deal, then unfortunately you will need to comply. I think the difficult thing comes in when you have been paying 20 years on your house and something happens and you can't pay anymore. For some it can't be easy to let go.

 

[Kosmik]

That makes sense. I don't see the reason then to take them on anyways. If you know this was the deal, then unfortunately you will need to comply. I think the difficult thing comes in when you have been paying 20 years on your house and something happens and you can't pay anymore. For some it can't be easy to let go.

I think its maybe not just a straight default but that they charged him a different amount and now the paperwork is nonexistent? Thats a weird one but the op needs to explain better. Thing is, I'm nearly positive that the bond agreement needs to also go to the deeds office? Or not, could be wrong.

*Edit* seems I'm right as per www.conveyancing24.co.za

Once all the documentation is signed and all the costs are paid, the buyer's new bond documents, the transfer of the property (into the buyer's name) documents and the cancellation of the seller's bond documents are prepared by the respective attorneys and lodged in the Deeds Office - simultaneously.

http://www.conveyancing24.co.za/index.php/property-transfer-process

 

[RTC]

I would not comment around the specifics of your case, as enough information is not available. I would advise to seek a credible legal opinion. This brings to mind, Adv Douglas J Shaw currently involved in litigation with all major banks. See website; http://www.bankinglawadvisor.co.za for contact details and further info.

https://www.moneyweb.co.za/in-depth/investigations/banks-to-face-r60-billion-class-action-suit/

All the best.