First time property buyer woes!

[Hosehead]

Getting married-especially to a foreigner is absolutely NO guarantee of her getting Permanent Residence.
I know a Canadian woman who had to go back to Canada after marrying the Saffer of her dreams. In fact they both left for Canada because Home Affairs were sticky.
Much like anywhere else in the world Home Affairs want to ensure that the marriage is for Bona fides not just an excuse to get into SA so marrying in SA gives her no additional odds in getting a Permanent resident application approved- it might even make it harder.
We have a home affairs member on here. Can't remember his name- from Pretoria.

The good thing is that for Perm res applications time is on your side. 2+ years.

The bad thing is they may not even renew her temp visa unless Perm Res Application is lodged.

The bank made the mistake of not checking the Status of your wife IRO Permanent residence when they granted bond if you married therefore any agreement made with it may be null and void.

 

[bwana]

I was turned down for PR initially even though I was married to a South African. However once we got a lawyer involved Home Affairs backed down immediately.

 

[reactor_sa]

Tell the wife to come through the zim border, permanent residence accepted....

 

[Hosehead]

I was turned down for PR initially even though I was married to a South African. However once we got a lawyer involved Home Affairs backed down immediately.

That was many years ago right? Since then immigration lawyers have sprouted like weeds and Home Affairs is much more savvy and much much firmer. Nowadays, The immigration lawyers are going to give your wallet a good hoovering- no ways around that. Sorry.
Many years ago, there weren't any immigration lawyers beyond one or two per city and it did not take much to lean on Home Affairs. Then as SA really opened up from 2000 the back log of applications just grew and grew and no amount of immigration lawyer expertise helped and even they would complain openly in the press especially Gary Eisenberg. The best immigration attornies are now usually those who have recently left the department and gone into private practice. Forget those who worked immigration pre-1994-1999

 

[I.am.Sam]

lol yes that's what everyone thinks... but we met each other in cape town

I'm thinking Mavericks

yes im thinking that

and OP where are the pics

 

[I.am.Sam]

but OP i dont get why did they void the original offer

I doubt you would have been able to do a joint since she isnt south african

so does being married change the way things are even if the bond is on your name

 

[d0b33]

but OP i dont get why did they void the original offer

I doubt you would have been able to do a joint since she isnt south african

so does being married change the way things are even if the bond is on your name

The docs were amended and we both signed once the attorneys found out I am married, so it's in both our names now...

 

[I.am.Sam]

The docs were amended and we both signed once the attorneys found out I am married, so it's in both our names now...

can the house be on both names while the bond only on your name

not sure how it works but yeah if thats the case maybe there is a way forward to getting the bond on your name only

 

[bwana]

can the house be on both names while the bond only on your name

not sure how it works but yeah if thats the case maybe there is a way forward to getting the bond on your name only

Doubtful if they're married in CoP. His debts are now her debts.

 

[Sinbad]

Doubtful if they're married in CoP.

Indeed.

CoP aside, it's possible. Our house is in joint names but the bond is in mine alone. Not married though.

 

[Other Pineapple Smurf]

The docs were amended and we both signed once the attorneys found out I am married, so it's in both our names now...

I'm currently buying my first house and only discovered on Friday from the transferring attorney that I could not register the bond in my name but register the deed in both my wife and my name (we are ANC with accrual).

So now today the offer to purchase needs to be amended to reflect me as the sole buyer. This however has no effect on the bond approval as it has does no effect the bond as it was done solely on my income.

To make matter worst, my wife's name on the ANC was incorrectly captured at the deeds office so if we wanted to register in both our names, we first had to have that updated.

Indeed.

CoP aside, it's possible. Our house is in joint names but the bond is in mine alone. Not married though.

How long ago was this? It seems the banks change their policy every 3 months.

 

[Sinbad]

I'm currently buying my first house and only discovered on Friday from the transferring attorney that I could not register the bond in my name but register the deed in both my wife and my name (we are ANC with accrual).

So now today the offer to purchase needs to be amended to reflect me as the sole buyer. This however has no effect on the bond approval as it has does no effect the bond as it was done solely on my income.

To make matter worst, my wife's name on the ANC was incorrectly captured at the deeds office so if we wanted to register in both our names, we first had to have that updated.



How long ago was this? It seems the banks change their policy every 3 months.

6 months. It was a transfer of the bond from Absa to FNB. Original bond was a joint bond, new bond is in my name only, my fiancee co-signed the surety though as co-owner of the property.

 

[Hosehead]

If the house is registered in the deeds office in the name of both husband and wife a bond cannot be issued in the name of one party.
(I stand to be corrected but I believe this is against the law)

 

[Sinbad]

If the house is registered in the deeds office in the name of both husband and wife a bond cannot be issued in the name of one party.
(I stand to be corrected but I believe this is against the law)

The account is in my name. My fiancee has full authority to transact on the account. The house is registered in both our names at the deed office.

 

[I.am.Sam]

The account is in my name. My fiancee has full authority to transact on the account. The house is registered in both our names at the deed office.

so then why is OP having an issue

is it cause of how he is married?

 

[SauRoNZA]

How can you have paid a deposit if you don't have a loan yet?

Very little of this entire thing makes any kind of sense.

Did you do any research AT ALL about getting married and/or buying a house before you ventured towards both of them?

 

[Hosehead]

The account is in my name. My fiancee has full authority to transact on the account. The house is registered in both our names at the deed office.

Sounds to me like the Bank made a serious Boo Boo. Similar happened to a friend and when they divorced the wife says she never signed the bond papers and the bank did so illegally on her behalf. - Thus making her liable for half the debt instead of the ex-husband having the responsibility of 100% of the debt.
She is currently contemplating legal action which could see the bond nullified retroactively.

 

[Sinbad]

She signed the bond papers as co-surety.

 

[Mystic Twilight]

so then why is OP having an issue

is it cause of how he is married?

Someone is going to have to explain what these acronyms stand for, anyway by my understanding the bond wouldn't be granted if the bond application is done in one persons name while the house is registered under two people simply because if the liable party defaults completely on repayment the bank can't sell the house as they don't have the title deed in their possession. I don't think technically half even cuts it.

@Sauronza: You can pay a deposit without acquiring the loan yet, I think you're assumption was that the bond amount in the application is for the full value of the selling price of the house. The bond amount can be as low as 25% of the selling price if you happen to have the cash to cover the outstanding 75%, your interest repayment amount will be much much lower and you have less debt to be concerned about.

 

[Hosehead]

She signed the bond papers as co-surety.

What on a tourist/work temporary visa with no credit history? as she has no SA ID Number. Doesn't make sense.