I have defaulted on all my debts since I...

Asked by Precious M on 24-11-2023 00:59:40
Question posted in the Property Law category relating to Gauteng

I have defaulted on all my debts since I have lost my job. I would like to buy a house cash to ensure a residence for my family. Will my property be at risk with the creditors?

Message from the Lawyer

Posted by Att. Patrick on 24-11-2023 14:58:23

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

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Yes, your property will most definitely be at risk if you buy it. It doesn't matter if you buy it with cash or with a mortgage loan. It would still be an asset registered in your name... and that's the issue.

However, one of your creditors would need to sue you for a debt, and get a judgment against you at court, or a default judgment, and then come to attach your movable assets, and only then would they be able to come after your house. 

So it would be a little bit of a mission for one of your creditors... however if you owe them enough, then they will take this course of action. However, if you just owe them a couple of thousand, then their lawyer's fees will be more than that and I'm sure that they won't bother you further. 

But yes, your property will be at risk with your creditors. 

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