Question posted in the General Law category relating to Gauteng
I have been summoned by ABSA Attorneys to high court because of arears on a homeloan. The property is registered in my name but the previous owner is living in the house. Four to five years ago, I approached ABSA and told them to auction/sell the house and nothing happenned until now when I am summoned to high court.. I have got my own homeloan with ABSA and I am paying it. Around 2007, there was an illegal scheme called BRUSSON FINANCE(most of the legal companies knows about it). They advertised looking for people with bad credits nad who are homeowners and are unable to get loans.
I had a good credit and my name was used to obtain loan for a guy with a property in Limpopo. In this scheme we were labelled investors and we were suppose to receive and income but we never did. The BRUSSON FINANCE sceme was liquidated because it was found to be illegal. At the beginning, the guy was paying Brusson and Brusson was paying the bank. The contract that I sign with the guy and Brusson Finance was suppose to last for three years. After three years the house was going to be transferred back to this guy.
At the moment the guy is not interrested in fixing the ownership as he is staying in the house. He is not even paying for rates and taxes.I want this house out of my name and I want the guy to take responsibility. In other cases pursued by owners (google Brusson Finance), the attorneys managed to nullify the bond and return the houses to their original owners. This is not my house and I did not have any intention of buying it, just like the guy who did not have any intention of selling the house. All I want is for the guy to be resposible.
He is actually abusing my rights and I want to take him on. How do I go about with this case? I do not want to spend money for a stranger who is irresponsible. All I want is for ABSA to sell or auction the house so that I can leave in peace and carry on with my life.