Know how to protect yourself from banks trying to auction your repossessed property.

Loading player...
In the recent news, Lawyers representing consumers facing home repossession have applauded a recent case in the Gauteng High Court that blocks lawyers trying to side-step court procedures by selling these homes for less than their market worth.
The February 2022 ruling by Judge Fisher slapped down the practice of banks’ lawyers approaching judges in chambers in an attempt to circumvent the reserve (floor) price requirement. Until 2018, banks were frequently selling repossessed homes at well below market price, giving rise to suspicions that syndicates operating in the banks and sheriffs’ offices were engineering these sales so they could pick them up for a song. Some were sold for as little as R10, often leaving the defaulting borrower with a huge outstanding debt to the bank, and with no chance of receiving any equity built up in the home.
This followed a 2017 change in Court Rule 46A which requires the sheriff of the court to personally serve the execution notice on the debtor, and not to a neighbour or the debtor’s child as had happened in the past.
This was intended to provide the debtor with an opportunity to mount a legal defence. The change in the court rules also made provision for the court to impose a reserve price, with the sheriff reporting back to the court within five days if that price was not obtained at auction.
To circumvent this requirement, lawyers were found to be side-stepping the court by approaching judges in chambers when a reserve price was not obtained at auction to seek the judge’s blessing to sell the property at a lower price.
8 Mar 2022 3AM English South Africa Business News · Investing

Other recent episodes

Property market trends for 2026

South Africa’s property market in 2026 will be shaped less by expansion and more by resilience, adaptability, and risk management, according to Waldo Marcus, Director at TPN Credit Bureau. With residential rental shortages driving escalations of 4.5% to 5.5%, commercial rentals under pressure, and widening disparities between well-governed and poorly…
21 Jan 2PM 17 min

What ABSA,Standard Bank executive moves signal for SA Banking business

There’s a shuffling of executives among the big banks, last year saw Jason Quinn, interim CEO of Absa leaving Absa and heading to Nedbank to take up the reign as CEO as well as Kenny Fihla leaving Standard Bank and going to Absa. Zwelakhe Mzwakhe Mnguni, Chief Investment Officer &…
21 Jan 2PM 8 min

Global fashion, local impact and lessons from Valentino’s business legacy

The fashion world is marking the passing of Italian designer Valentino Garavani, the founder of the Valentino fashion house and one of the architects of modern luxury. Over decades, his work became closely associated with global fashion capitals and with retailers and luxury groups that helped take haute couture into…
20 Jan 3PM 22 min