Outline of Procedures

The following is an outline of the procedures:

OULINE OF THE PROCEDURES FOLLOWED BY CONVEYANCING  ATTORNEYS

REGISTRATION OF TRANSFERS, BONDS AND BOND CANCELLATIONS

REGISTRATION OF TRANSFER OF PROPERTY:

 

  • Receive instruction via agent or seller, acknowledge receipt thereof and obtain Deeds Office printout of the property and request cancellation figures and the title deed.
  • Receive confirmation that the bond application has been approved.
  • Draw the documents required for the registration of the transfer and arrange for the signature thereof.
  • Request the amount that the City Council requires in respect of rates and taxes.
  • Receive the bond cancellation figures and the title deed.Request and receive the guarantees.
  • Collect the transfer costs from the purchaser and pay the transfer duty and the rates and taxes to obtain the transfer duty receipt and the clearance certificate.
  • Arrange for the lodgement of the deeds with the bond attorneys and the bond cancellation attorneys.

REGISTRATION OF MORTGAGE BOND: 

  • Receive the instruction from the financial institution, acknowledge receipt thereof and obtain a Deeds Office printout of the property.
  • Advise the transferring attorneys of bond instruction received and request the guarantee requirements and the draft title deed.
  • Draw the documents required for the registration of the bond and arrange for the signature thereof.
  • Receive payment of costs from the mortgagor (purchaser).
  • Issue guarantees or arrange for the guarantees to be issued by the bank.
  • Send the guarantees to the transferring attorneys.
  • Send the relevant documents to the bank and obtain authorisation from the bank to lodge the bond.
  • Arrange for the lodgement of the bond.

REGISTRATION OF MORTGAGE BOND CANCELLATION: 

  • Receive instructions to attend to the cancellation of the existing bond over the property from the bondholder (mortgagee) together with the cancellation figure and the title deed.
  • Acknowledge receipt thereof.
  • Send the bond cancellation figures and the title deed to the transferring attorneys.
  • Request an undertaking for the payment of the cancellation costs from the transferring attorneys.
  • Receive guarantees from the transferring attorneys and send to the mortgagee (bondholder).
  • Draw and sign the consent to cancel the existing bond – one consent for every bond to be cancelled.
  • Arrange for the lodgement of the deeds with the transferring attorneys