Question posted in the Property Law category relating to Gauteng
Please can I have advice on how to resolve an issue that has been going on for the past 14years, My dad whom past away in 2009 bought a house in cash which we are currently living in (family of 7), This transaction involved my dad, the old house owner and his (old house owner) lawyer, we only recieved a sale of deed from the lawyer, we where fairly new in the town that we relocated to, and had no knowledge of the lawyer. My dad became close with the lawyer and taken a loan of R1500 when his retirement money was finished, we had no idea of this until my dad passed away. We approached the lawyer and he told us that my dad taken the loan and as security the lawyer will hold on to the title deed. My family and I have been numerous times to the Lawyer but he had many loopholes to avoid handing us the title deed, We have not transferred the house on my mums name as she was married in community of property, my dad also had a will which is very old and my mum is the next of kin, the lawyer said we need to bring the rates down which was at that time 50k and we needed to come up with the R1500 loan money and transfer fees of about 16k, we managed to bring the rates down to 14k. The problem we are facing now is that the lawyer is actually suspended and his pactice is temporary closed. My mum is in her 60s and we as her children are afraid that if anything had to happen to her (GOD FORBID), we will lose our house to this lawyer.
Please can you review my plea for advice as my family and I stress everyday for the past 11 years.
Answer to the Question
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.
According to what you say, the house is registered in your father's name. The fact that the lawyer has the title deed, does not mean that the lawyer can simply take the house from you.
First prize is that you pay the lawyer back his R1500 and you get the title deed back.
Second prize is that you get the lawyer who is dealing with your dad's estate to apply to the deeds office for a lost copy of the title deed, and use that to transfer the house from your dad's estate to your mom.
You don't need to use this lawyer that you are speaking about. You can use anyone you want.
Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.