Asked by the Customer on 16-07-2015 10:19:24
Question posted in the General Law category relating to KwaZulu-Natal
Question posted in the General Law category relating to KwaZulu-Natal
My husband is a sole member of a CC that holds a mortgage bond on a property I have sold out of the CC that is registered with deeds office between the CC and purchaser.
A month after Mortgage BOnd was registered at Deeds Office, his partner of the time went to see the conveyancing attorney and requested that they draw up a Cession whereby the Mortgage bond was to be ceded over to her for the full value of the Bond, plus all interest payable as per sale agreement. This was without his knowledge. The Conveyanicng attorneys acted on her instructions and drew up the Cession and billed her accordingly for this. We have proof of this and a letter from attorney stating he had acted on her instructions and that he gave her the Cession. In her letter to the attorneys giving instructions to draw up the cession she says that she is owed R200 000.00 (two hundred thousand) and the cession is to be security for her loan. however the cession is for R3.5m (full amount of bond)
A month later she got my husband to sign the cession. there was a huge arguement about this and he refused to sign. However he eventually agreed to sign only the back page of the agreement which had no momentarty values on it. He did not date the cession and there were no witnesses. He did this to stop the fight believing that he not able to cede the mortgage bond without the banks written approval as per a clause in the Mortgage Bond, and that as he had not initialed the first page, had not dated the contract and it had not been witnessed, it could not be used. He also had no knowledge of her imminent leaving and as they had been discussing marriage her leaving some three weeks later came as a shock to him.
We have now been advised by her attorneys (2.5 years later) that she is applying to the HIgh Court to get my husband to send her the Mortgage Bond so that she can have the Cession etc registered in her name.
Can this Cession be binding as a result it being drawn up without him having giving the attorneys instructions to do so as he was hte sole member of the CC?
A month after Mortgage BOnd was registered at Deeds Office, his partner of the time went to see the conveyancing attorney and requested that they draw up a Cession whereby the Mortgage bond was to be ceded over to her for the full value of the Bond, plus all interest payable as per sale agreement. This was without his knowledge. The Conveyanicng attorneys acted on her instructions and drew up the Cession and billed her accordingly for this. We have proof of this and a letter from attorney stating he had acted on her instructions and that he gave her the Cession. In her letter to the attorneys giving instructions to draw up the cession she says that she is owed R200 000.00 (two hundred thousand) and the cession is to be security for her loan. however the cession is for R3.5m (full amount of bond)
A month later she got my husband to sign the cession. there was a huge arguement about this and he refused to sign. However he eventually agreed to sign only the back page of the agreement which had no momentarty values on it. He did not date the cession and there were no witnesses. He did this to stop the fight believing that he not able to cede the mortgage bond without the banks written approval as per a clause in the Mortgage Bond, and that as he had not initialed the first page, had not dated the contract and it had not been witnessed, it could not be used. He also had no knowledge of her imminent leaving and as they had been discussing marriage her leaving some three weeks later came as a shock to him.
We have now been advised by her attorneys (2.5 years later) that she is applying to the HIgh Court to get my husband to send her the Mortgage Bond so that she can have the Cession etc registered in her name.
Can this Cession be binding as a result it being drawn up without him having giving the attorneys instructions to do so as he was hte sole member of the CC?
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