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Home loan in arrears

Questions & AnswersHome loan in arrears
Anonymous asked 3 years ago

Hi,

I am currently 2 months in arrears with my home loan, which happened last year.

Since then I have paid my full installment and R500 additional on the home loan to say that I am willing to pay.  I have asked Nedbank to extent my bond period and pay a lesser installment for me to be able to pay back the arrears amount, which they declined. They now want to put my house on auction. Would you be able to assist or do I go through a lawyer?

1 Answers
Wikus Olivier Staff answered 3 years ago

Hi there,

Thank you for the question. It’s very strange that they’re unwilling to assist you. If no summons has been issued yet we will be able to offer you the best solution for your situation. We will negotiate on your behalf to get the periods extended so that you can pay an instalment that is more affordable.

What I would suggest as an alternative, if a summons has already been issued, is to approach an attorney to defend your case. What typically happens is that they issue you with a summons, which tells you that they will ask the court to make an order, so that they can place your house on auction. Most consumers don’t know what to do, are afraid, and thus stay away from the court. This summons tells you exactly when the case will be heard in front of a court.

I suggest that you and your attorney write to the credit provider stating that you will be defending the case. The next step will be to show up at the court and then tell the magistrate that you offered to pay them extra, that you are committed, but they do not want to accommodate you.  

Your attorney must make the court sympathetic to your situation, and most likely the court will order that they extend the period by a few months. If your attorney asks for an extension of the period I am sure the court will oblige.  

Have a great day.