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A critical analysis of the home mortgage foreclosure requirements and procedure in South Africa and proposals for legislative reform.
The execution against immovable property, or foreclosure, involves a delicate balancing of mortgagor and mortgagee rights. From a mortgagor perspective, he or she is protected by Section 26 (1) of the South African ...
Balancing the rights of creditors and consumers when a home is sold in execution: what procedures should be followed?
The sale in execution of theprimary residence of a consumer has numerous implications. This is especially in light of section 26 of the Constitution of the Republic of South Africa, 1996(‘Constitution’) which gives people ...