Asked by the Customer on 08-08-2016 10:02:39
Question posted in the Property Law category relating to KwaZulu-Natal
Question posted in the Property Law category relating to KwaZulu-Natal
Hi There
In december 2015 I purchsed a property in KZN for 1.55 nillion. During this entire process I was in cape town and no time were any plans or occupancy letter for this propery shown or given to me by the seller and in fact to this day I have never met the seller who has since fled the country.
In Janusry 2016 I was informed by a Ethekwini Building inspector that the plans and occupancy letter given to FNB for the mortgage on this property were in fact all fraudulent.
The plans were fraudently stamped and the occupancy letter fraudulently issued.
Despite all my letters to the Banking Ombudsman and to FNB , FNB stiil want to hold me laible to the debt. I have also since ascertained that the Banks Registration solicitor and the transferring solicitor did not follow poper due dilligence whereby an approved plan should have beeen obtained from Ethekwini rather than the one handed in by the seller to the transferring solicitor by the seller.
Both the transferring solicitor and bond regsitration attorney authenticated the plans and occupancy letter as being original and true.
I have paid Burt Laing Solicitors and Adv Paddy Prior over R60000 in cost to persue the seller and so far and I am nowhere.......I have also piad an independant architect R15000 who has basically said the ancillary unit of the house is not bulit to spec and should essentially be demilished.
I have since stpped paying FNB and have told them to reposess the house.
I also laid a fraud charge at the Brigton Beach police aginst the seller and the investigating has a sworn statement from the buliding inspector who stamped the plans and issued the occupancy cert admitting that he did it fraudently.
Where do I go from her now?
YOur repsonse would be greatly appreciated.
Regards
Gerald Francis
In december 2015 I purchsed a property in KZN for 1.55 nillion. During this entire process I was in cape town and no time were any plans or occupancy letter for this propery shown or given to me by the seller and in fact to this day I have never met the seller who has since fled the country.
In Janusry 2016 I was informed by a Ethekwini Building inspector that the plans and occupancy letter given to FNB for the mortgage on this property were in fact all fraudulent.
The plans were fraudently stamped and the occupancy letter fraudulently issued.
Despite all my letters to the Banking Ombudsman and to FNB , FNB stiil want to hold me laible to the debt. I have also since ascertained that the Banks Registration solicitor and the transferring solicitor did not follow poper due dilligence whereby an approved plan should have beeen obtained from Ethekwini rather than the one handed in by the seller to the transferring solicitor by the seller.
Both the transferring solicitor and bond regsitration attorney authenticated the plans and occupancy letter as being original and true.
I have paid Burt Laing Solicitors and Adv Paddy Prior over R60000 in cost to persue the seller and so far and I am nowhere.......I have also piad an independant architect R15000 who has basically said the ancillary unit of the house is not bulit to spec and should essentially be demilished.
I have since stpped paying FNB and have told them to reposess the house.
I also laid a fraud charge at the Brigton Beach police aginst the seller and the investigating has a sworn statement from the buliding inspector who stamped the plans and issued the occupancy cert admitting that he did it fraudently.
Where do I go from her now?
YOur repsonse would be greatly appreciated.
Regards
Gerald Francis
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