SO .........the transfer of my new property ain't what it seemed

[Celine]

so i sold my house and the usual signing of papers and transfer etc happened. we signed the papers for the new property - the transfer of the new property should have gone through a week later or so it would have seemed.

end of july my property transferred, no problem.

new property - we have been continually phoning and asking what is happening only to be given the run around about papers, title deeds, signing of the trustees etc and so forth.

now when we decided to sign for the new house, the "owner" died 2 days prior to us signing and we thought oh now what, we going to have to go through the master of the supreme court and all that jazz. the estate agent came back to us and told us that wasn't the case the house was in a trust and the trustees would be able to sign, so we went ahead and signed. all's well - or so we thought.

yesterday i phoned the conveyancer because our time is up end of august, we have to move now. she gives me another story about the bank and papers, title deeds and what not. i got so mad i decided to throw the works at her. i tell her that the the conveyancor dealing with the transfer has 48 hours in which to lodge with the deeds office thereafter i enforce the 18 percent interest. she says to me "it's friday". i tell her "i don't care if it's friday, sunday, monday or wednesday, they have 48 hours after which i enforce the 18 percent interest as stated on the contract signed".

well did things start happening. i get a phone call from my conveyancer informing me that absa bank can't find the title deeds and blah blah and the trustees have waived the occupational rent and i can move in immediately, go get the keys and they are sorry.

i get a call from one of the trustees and this dern house is involved in not 1 trust but many trusts and there are so many trustees it's not funny any more. the bond was paid off over 40 years ago and it went from being a pty ltd to a cc. it got so confusing i didn't even know what the heck they were talking about. it would seem that the title deeds are lost somewhere along the changing of bank names.

well i don't care now i just want my house and they must do whatever it is they need to do to finalise this whole mess. if it takes another 6 months i don't care i will have saved the rest of the money and i won't have to take the bond i need to take out.

 

[biometrics]

Feel for you ... sold my old house four times in a row. Ten months now.

 

[Grubscrew]

Feel for you ... sold my old house four times in a row. Ten months now.

Eish, what is the reason?

 

[Celine]

Feel for you ... sold my old house four times in a row. Ten months now.

let me tell you - i went to the new house and there were some papers left there. these were probably left accidentally because the old guy who was living there passed away some months ago and all the furniture and stuff was moved but there is some odds and ends there. i looked at these papers and all i can say is OMG. i am in for a hell of a time with this house. these are some of the trusts involved - beares group, allan gray, liberty life i can't remember the others but i'll look at the papers again when i go there. the list was long. now what the hell were all these companies doing with one small little house? well it isn't that small come to think of it. 5 bedrooms, office building seperate to the house. double story.

 

[biometrics]

Eish, what is the reason?

Banks, various.

 

[akescpt]

What 18% interest clause you referring to?

 

[Grubscrew]

Banks, various.

Banks not finding value?

 

[Celine]

What 18% interest clause you referring to?

it's the "moratorium interest" on the sale agreement of the property. when you purchase a property this is usually in the contract so that if the seller is delaying the sale of the property from going through you have the right to enforce the interest. quite honestly i have never had to use this but i threw it at the conveyancer yesterday because i was getting frustrated. i got results and that's all i was interested in. now after what i've seen and heard i'm even more concerned as to how much longer this whole fiasco is going to take.

 

[rrh]

Start by asking the conveyancing attorneys for a copy of the current title deed: they are normally online to the deeds office so it takes them a matter of minutes.

Alternatively you will have to pay someone to do the [same] work e.g.

http://www.mydeedsearch.co.za/blog/deeds-office-property-search/

If, as you say, Allan Gray is involved, I would give them a call to ask for assistance. I have always found them to be very helpful.

 

[Grant]

beares group,

Lived across the road from the Beare's in Dbn as a kid. Oddly enough, the parents have a place opp an apartment I have in CT as well - so close, that my tenants pick up the Beare's wifi signal.
If you were in CT I could give you an address & you could bang on the door
The son Jonathan is also involved in Investec - maybe also in that list of trustees along with allan gray.

 

[Celine]

Start by asking the conveyancing attorneys for a copy of the current title deed: they are normally online to the deeds office so it takes them a matter of minutes.

Alternatively you will have to pay someone to do the [same] work e.g.

http://www.mydeedsearch.co.za/blog/deeds-office-property-search/

If, as you say, Allan Gray is involved, I would give them a call to ask for assistance. I have always found them to be very helpful.

oh - now here's the thing right. there are so many people involved in this property it's not even funny. this goes back over 40 years ago and i will only be the 2nd owner of the house.

 

[akescpt]

Start by asking the conveyancing attorneys for a copy of the current title deed: they are normally online to the deeds office so it takes them a matter of minutes.

Alternatively you will have to pay someone to do the [same] work e.g.

http://www.mydeedsearch.co.za/blog/deeds-office-property-search/

If, as you say, Allan Gray is involved, I would give them a call to ask for assistance. I have always found them to be very helpful.

How much does such a search cost normally?

 

[rrh]

oh - now here's the thing right. there are so many people involved in this property it's not even funny. this goes back over 40 years ago and i will only be the 2nd owner of the house.

The estate agent may also have a copy of the existing title deeds.

When purchasing a property - especially if it is a sub-division - it's vital to check the title deeds for servitudes, access rights etc.

A property that I once purchased had a really onerous restriction: horse-drawn carts were prohibited on the property

How much does such a search cost normally?

I haven't the foggiest. If you are dealing with a good estate agent they will already have done such a search.

 

[bokka1]

A Deeds Search costs about R10.00. And it does not take a couple of minutes to get a copy of a Title Deed, it takes anything from a few hours to a few weeks depending on the age of the Title Deed. A copy of a Title Deed costs about R50.00.

@Celine: Your transaction seems a bit of a nightmare and it is very possible that a Title Deed that is that old could have been lost by the bank. Ask the conveyancer to send you a copy of the deed search and from that you will see who all the owners are.

 

[Celine]

A Deeds Search costs about R10.00. And it does not take a couple of minutes to get a copy of a Title Deed, it takes anything from a few hours to a few weeks depending on the age of the Title Deed. A copy of a Title Deed costs about R50.00.

@Celine: Your transaction seems a bit of a nightmare and it is very possible that a Title Deed that is that old could have been lost by the bank. Ask the conveyancer to send you a copy of the deed search and from that you will see who all the owners are.

yes it has become a nightmare. hubby and i have thought about it and when you look at the whole thing, over the years banks have merged, closed, moved etc. so who knows what bank had it way back then.

i will ask the conveyancer if they can do some kind of search.

 

[Dr Evil]

yes it has become a nightmare. hubby and i have thought about it and when you look at the whole thing, over the years banks have merged, closed, moved etc. so who knows what bank had it way back then.

i will ask the conveyancer if they can do some kind of search.

Hi Celine, if you pm me the property details ie. erf number and which deeds office it falls under I can email you the property info from the deeds office database.

 

[Mr K]

Can you please elaborate? I am in the process of selling my house.

Feel for you ... sold my old house four times in a row. Ten months now.

 

[Celine]

i actually feel sick. went to the house and have noticed something that was behind wall paper. in the main bedroom there is a huge crack in the wall that leads all the way to the next bedroom. the wall in question is the wall where the main en suite is. all the walls in the house have wall paper on them.

have sent an email to the conveyancer to stop all paper work until further notice. this wall will require major work done on it and as far as i'm concerned this was not disclosed in the deal i.e. it was behind wall paper.

 

[akescpt]

i actually feel sick. went to the house and have noticed something that was behind wall paper. in the main bedroom there is a huge crack in the wall that leads all the way to the next bedroom. the wall in question is the wall where the main en suite is. all the walls in the house have wall paper on them.

have sent an email to the conveyancer to stop all paper work until further notice. this wall will require major work done on it and as far as i'm concerned this was not disclosed in the deal i.e. it was behind wall paper.

If they didn't know about it how could they disclose it? Is the wallpaper fresh?

 

[Grubscrew]

If they didn't know about it how could they disclose it? Is the wallpaper fresh?

This.