Category: ABSA BANK LIMITED
ABSA BANK BEPERK en JOHANNES JOSEPH CORNELIUS ALBERTSE
ABSA BANK BEPERK, Eiser, en JOHANNES JOSEPH CORNELIUS ALBERTSE, 1ste Verweerder, en PHILIPINE GERTRUIDA ALBERTSE, 2de Verweerder
Ten uitvoering van ’n vonnis van die Hoë Hof van Suid-Afrika (Vrystaat Afdeling, Bloemfontein), sal ’n verkoping sonder voorbehoud van die volgende eiendom van bogenoemde Verweerders plaasvind te Baljukantoor, Constantiaweg 100, Welkom,
om 10:00 op 10 Desember 2014, naamlik:
Erf 9997, Welkom Uitbreiding 34, distrik Welkom, Provinsie Vrystaat, groot 1 130 vierkante meter, gehou kragtens Transportakte No. T29884/2007, en beter bekend as Ronelstraat 3, Naudeville, Welkom. Sonering vir woondoeleindes. Die volgende inligting word verstrek, maar in hierdie opsig word niks gewaarborg nie: Verbeterings bestaan uit ingangsportaal, sitkamer, eetkamer, kombuis, 1 badkamer, aparte toilet, 3 slaapkamers, 1 garage, bediende kamer en bad, stort en toilet. Terme: Die koper sal 10% van die koopsom in kontant aan die Balju betaal onmiddellik na die verkoping. Die balans moet verseker word deur ’n bank- of bougenootskapswaarborg wat binne veertien (14) dae na die datum van verkoping aan die Balju gelewer moet word. Indien die eiendom deur die Eerste Verbandhouer gekoop word, hoef die 10% kontantbetaling nie gemaak te word nie.
Neem verder kennis:
1. Hierdie is ’n verkoping in eksekusie kragtens ’n vonnis bekom in bogenoemde Hof.
2. Reëls van hierdie verkoping is beskikbaar 24 uur voor die verkoping by die kantoor van die Balju, Constantiaweg 100, Welkom.
3. Registrasie as koper is ’n vereiste onderworpe aan bepaalde voorwaardes o.a.:
3.1 Voorskrifte van die Verbruikersbeskermings Wet 68 van 2008
(URL http://www.info.gov.za/view/DownloadFileAuction?id=99961);
3.2 FICA—wetgewing met identiteit- en adresbesonderhede;
3.3 betaling van registrasiegelde;
3.4 registrasievoorwaardes.
4. Verkoping sal geskied deur die kantoor van die Balju, Constantiaweg 100, Welkom, met Afslaer CP Brown.
5. Advertensiegelde teen heersende publikasietariewe en verkopingkoste volgens Hofreëls, geld.
Mnr JP Smit/LP, Eiser se Prokureur, p/a Phatshoane Henney Ing, Markgraaffstraat 35 (Posbus 153), Bloemfontein. Tel: (051) 400-4000. Phatshoane Henney Ing., Posbus 153, Bloemfontein, 9300. (Verw: Mnr J P Smit/LP.)
ABSA BANK LIMITED and BULELWA MDINGINYA
ABSA BANK LIMITED, Plaintiff, and BULELWA MDINGINYA, Defendant
NOTICE OF SALE IN EXECUTION
IMMOVABLE PROPERTY
In pursuance of a judgment granted by this Honourable Court on 19 August 2014 and a warrant of execution issued thereafter, the undermentioned immovable property will be sold in execution without reserve by the Sheriff of the High Court, East London, at the Sheriff’s Office, East London, 43 Frame Park, Phillip Frame Road, Chiselhurst, on 12 December 2014 at 10h00, to the highest bidder. Full conditions of sale can be inspected at the offices of the Sheriff of the High Court, East London, address as above, the Sheriff who will be holding the sale, and will also be read out by the Sheriff, prior to the sale in execution. The Execution Creditor, Sheriff and/or Plaintiff’s attorneys do not give any warranties with regard to the description and/or improvements. Erf 16496, East London, East London Local Transitional Local Council, Division of East London, Province of the Eastern Cape, in extent 209 (two hundred and nine) square metres, held under Deed of Transfer No. T14218/1998, subject to the conditions therein contained (also known as 69 Fitzpatric Road, Quigney, East London, Eastern Cape). Improvements (not guaranteed): Entrance hall, lounge, kitchen, bathroom, separate toilet, 2 bedrooms. Velile Tinto & Associates, Tinto House, cnr Solomon Mahlangu (previously Hans Strijdom) & Disselboom Streets, Wapadrand, DX 178, Pretoria; P O Box 733, Wapadrand, 0050. Tel. (012) 807-3366. Fax (012) 807-5299. Ref. U14635/DBS/ A Smit/CEM.
ABSA BANK LIMITED and MUFANINA, ALBERT MBUMBA
ABSA BANK LIMITED, Plaintiff and MUFANINA, ALBERT MBUMBA, First Defendant and MUFANINA, BRIGITTE CHENGE , Second Defendant
NOTICE OF SALE IN EXECUTION
Date of sale: 2014-12-11. Time of sale: 10:00. Address where sale to be held: 69 Juta Street, Braamfontein. Attorneys for Plaintiff: Smith Sewgoolam Inc, 12 Avonwold Road, cnr. Jan Smuts Avenue, Private Bag 836, Saxonwold, Johannesburg. Take notice that in pursuance of a judgment of the above Honourable Court in the above case on 20 November 2013 and in execution of a writ of execution of immovable property, the following property will be sold by the Sheriff of the High Court for the district of Johannesburg East on 11 December 2014 at 10:00 at 69 Juta Street, Braamfontein, to the highest bidder without reserve:
Certain: Erf 1494, Malvern Township, Registration Division I.R., the Province of Gauteng, measuring 495 (four hundred and ninety five) square metres, held under Deed of Transfer T32170/07, situated at 32 Galteemore Street, Malvern. Zoning: Special Residential (nothing guaranteed):
Improvements: The following information is furnished but not guaranteed:
The property situated at 32 Galteemore Street, Malvern, consists of: Entrance hall, lounge, sun room, kitchen,
1 x bathroom, 2 x bedrooms, scullery, servants quarters and 1 x bathroom/shower (the nature, extent, condition and existence of the improvements are not guaranteed):
The purchaser shall in addition to the Sheriff’s commission, which is 6% (six percent) on the proceeds of the sale up to a price of R30 000.00 (thirty thousand rand) and thereafter 3.5% (three comma five percent) up to a maximum fee of R9 655.00
(nine thousand six hundred and fifty five rand) plus VAT thereon, pay a deposit of 10% of the purchase price in cash or bank-guarantee cheque or EFT into the Sheriff’s trust account immediately upon closing of the bid and the balance against
transfer which shall be secured by a bank or building society guarantee in a form acceptable to Plaintiff’s conveyancers, which guarantee shall be delivered by the purchaser to the Sheriff within (12) days from the date of the sale and shall provide for the
payment of the full balance and any such interest payable as provided for hereunder.
The Rules of this auction are available 24 hours before the auction at the office of the Sheriff, Johannesburg East, 69 Juta Street, Braamfontein. The Sheriff, Johannesburg East will conduct the sale. Registration as a buyer is a pre-requisite subject to conditions,
inter alia:
a) Directive of the Consumer Protection Act 68 of 2008.
(URLhttp://www.info.gov.za/view/DownloadFileAction?id=99961)
b) FICA-legislation i.r.o. proof of identity and address particulars.
c) Payment of a registration fee of monies in cash.
d) Registration conditions of the Consumer Protection Act 68 of 2008.
The aforesaid sale shall be subject to the conditions of sale which may be inspected at the office of the Sheriff, Johannesburg East, 69 Juta Street, Braamfontein, during normal office hours Monday to Friday. Tel: (011) 727-9340/44 or at the offices of the attorneys acting for the Execution Creditor/Plaintiff: Smit Sewgoolam Inc., 12 Avonwold Road, cnr. Jan Smuts
Avenue, Saxonwold, Johannesburg. Tel: (011) 646-0006. (Ref: JE/CDP/SJ/MAT7717).
Signed at Johannesburg on this the 10th day of November 2014. (Sgd) C du Plessis, Smit Sewgoolam Inc., 12 Avonwold Road, cnr. Jan Smuts Avenue, Private Bag 836, Saxonwold, Johannesburg. Tel: (011) 646-0006. Johannesburg. Ref: JE/CDP/SJ/MAT7717.
ABSA BANK LIMITED and MOEGAMAT CASSIEM LIEBENBERG
ABSA BANK LIMITED, Plaintiff, and MOEGAMAT CASSIEM LIEBENBERG,
ID No. 5301095690084, Defendant NOTICE OF SALE IN EXECUTION
In execution of a judgment of the above Honourable Court dated 4 September 2014, the undermentioned immovable property will be sold in execution on Wednesday, 3 December 2014 at 09:00 at the premises known as Sheriff’s Offices, 2 Mulberry Way, Strandfontein.
Erf 33536, Mitchells Plain, in the City of Cape Town, and Division Cape, Western Cape Province, in extent 166 square metres, held by Deed of Transfer No. T92354/1993.
Also known as: 20 Ellis Park Street, Beacon Valley, Mitchells Plain.
Conditions of sale:
1. The sale is subject to the terms and conditions of the High Court Act, the property being sold “voetstoots” as it stands and subject to the conditions of the existing Title Deed.
2. One tenth of the purchase price shall be paid immediately after the property is declared to be sold and the balance of the purchase price together with interest thereon to be paid against registration of transfer.
3. The following improvements have been made to the property (although nothing is guaranteed in this regard): A residential dwelling under an asbestos roof comprising out of 3 x bedrooms, 1 x bathroom and toilet, 1 x kitchen, & 1 x lounge.
4. The conditions of sale will be read at the sale and lies for inspection at the offices of the Sheriff of the High Court, Mitchells Plain South and at the offices of the undersigned.
Dated at Tyger Valley this 31st day of November 2014. ST van Breda, Marais Müller Yekiso Inc., Attorneys for Plaintiff, 1st Floor, Tygerforum A, 53 Willie van Schoor Drive, Tyger
Valley. Tel: (021) 943-3000. (Ref: ST van Breda/avz/ZA7792.) C/o Marais Müller Yekiso Inc, 4th Floor, General Building, 42 Burg Street, Cape Town.
ABSA BANK LIMITED and ANNA MARIA DEBORA WAGENSTROOM
ABSA BANK LIMITED, Execution Creditor, and ANNA MARIA DEBORA WAGENSTROOM
(ID No. 5809080263089), Execution Debtor NOTICE OF SALE IN EXECUTION—IMMOVABLE PROPERTY PORTERVILLE
In execution of a judgment of the Magistrate’s Court for the District of Porterville held at Porterville, in the above-mentioned suit, a sale without reserve will be held at the Porterville Magistrate’s Court, 65 Voortrekker Road, Porterville, at 11h00, on Tuesday, 9 December 2014, which will lie for inspection at the offices of the Sheriff for the Magistrate’s Court, Piketberg. Erf 2258, Porterville, in the Bergriver Municipality, Division Piketberg, Province of the Western Cape, in extent 311 (three hundred and eleven square metres), situated at 11 Zinnia Street, Porterville, held by Deed of Transfer No. T26038/1993. The following information furnished re the improvements though in this respect nothing is guaranteed:
Lounge, kitchen, 2 x bedrooms, bathroom with bath, toilet.
Terms:
1. 10% (ten per centum) of the purchase price in cash on the day of sale, immediately internet bank transfer into the Sheriff’s Trust Account, or a bank-guaranteed cheque on the day of the sale, the balance payable against registration of transfer, to be secured by a bank or building society or other acceptable guarantee to be furnished within fifteen (15) days from the date of sale.
2. Auctioneer’s charges, payable on the day of sale to be calculated as follows: 6% (six per centum) on the proceeds of the sale up to a price of R30 000,00 (thirty thousand rand) and thereafter 3,5% (three and a half per centum) up to a maximum fee of R9 655,00 (nine thousand six hundred and fifty five rand). Minimum charges R485,00 (four hundred and eighty five rand). Dated at Cape Town on this 27th day of October 2014. B Visser, Strauss Daly Inc, Attorneys for Plaintiff, 15th Floor, The Terraces, 34 Bree Street, Cape Town. Tel: (021) 410-2200. Fax: (021) 418-1415. (Ref: BV/Ferial/ABS10/0028.)
Smack down for Absa Bank in Joburg High Court
Absa bank was handed a stunning defeat in the South Gauteng High Court last week when its attempt to obtain summary judgment against two home owners was slapped down by the judge.
The matter must now go to trial for oral evidence, which will take a year or two.
Absa was attempting to obtain summary judgment against the home owners, James Grobbelaar and Kevin Jenzen, on the grounds that they allegedly defaulted on their loans. But when asked to provide evidence of the loan agreements, Absa produced a standard loan agreement – not the one signed by the defendants.
The bank claimed the original documents had been destroyed in a fire – as they have done in scores if not hundreds of other similar cases. Instead of attaching the loan agreement to its court papers, Absa relied on a so-called “standard agreement” and claimed the originals were no longer available due to a fire which supposedly destroyed thousands of bank documents in 2009.
Securitisation experts have long argued that the prevalence of fires within the Absa group is highly suspicious, particularly as these fires seem to occur with abnormal frequency whenever a client seeks to ascertain whether or not their loan has been securitised. Securitisation is the practice of bundling loans together and on-selling them to investors as a way of freeing up capital by the banks. In doing so, banks lose legal title to the loans and in theory cannot then bring legal action against the borrower, though they have managed to side-step the law by drawing a veil of secrecy over this activity. Banks typically issue a bare-faced denial when borrowers ask whether their loans have been securitised, or they demand that borrowers provide proof of securitisation – a virtual impossibility, given the banks’ secrecy surrounding this practice.
Justice Roland Sutherland issued judgment against the bank, arguing that Rule 18(6) of the court rules requires a plaintiff to produce the relevant documents when seeking to press their case. Absa had not done so. “There is no doubt that a failure to annex the loan agreement constitutes non-compliance with this rule,” said Justice Sutherland.
Advocate Douglas J Shaw, who represented Mr Grobbelaar, argued that the bank had to prove that the documents were in fact destroyed in a fire, something that can only be done in a trial in a year or so, and not in the quick process (summary judgment) that Absa sought to use.
Adv Shaw also spoke of “The Myth of the Standard Agreement”. In its court papers, Absa had attached the agreement that they say is the one they usually use, the so-called “standard agreement”. Adv Shaw held up four different Absa agreements, one with 18 clauses and another with more than 100. He pointed out there were many more variations of the so-called “standard agreements” being used by the bank. It was therefore impossible to ascertain what were the contents of the loan agreement signed by the defendants.
Absa‘s own documents also revealed discrepancies. The interest rates charged the homeowners were disputed, casting further doubt on the bank’s cause of action, and the standard agreement did not correspond with the mortgage bond that had allegedly been lodged with the deeds office.
“Many people who have already received summary judgments or default judgments from Absa can now join an appeal through the court process,” says Adv Shaw.
The judgment reads in part (Absa was the plaintiff in this case, and Grobbelaar and Jenzen the defendants): “In my view, these arguments inspired by the missing loan agreements have in large measure touched upon an important consideration but have obscured the critical point. The starting place must be to recognise that what is critical in legal proceedings is dictated by the relief sought. In summary judgment proceedings, to defeat the plaintiff’s application a defendant must put up a basis why the plaintiff cannot get judgment without the merits of a defence being tested. Whilst a classical defence might contradict the facts upon which the plaintiff relies, it also remains open to a defendant to merely demonstrate that the plaintiff’s averments, where the facts are peculiarly within the knowledge of the plaintiff, need to be proven and an opportunity to test the substance of those averments is appropriate.
“In my view, it would be inappropriate to pre-judge the merits of the defendants’ allegations, and the plaintiff should extricate itself from its regrettable predicament on trial, not by way of summary judgment.”
Justice Sutherland cautioned that while there was a “very real prospect of professional debtors exploiting the processes of the law to unduly delay and obfuscate litigation,” this was an occupational hazard and a fair adversarial litigation system ought to leave this door open. “The essence of the present controversies lies in the realm of marshalling evidence, and the responsibility to construct cases in ways to meet such a challenge is what the legal profession is for.”
A new movement representing people who have been adversely affected by Absa’s fire story has been launched. Stay tuned for more details. Advocate Shaw is an adviser to this group.
http://news.acts.co.za/blog/2014/08/smack-down-for-absa-in-joburg-high-court