Nedbank Limited v Lotter (50216/13)
Nedbank Limited v Lotter (50216/13) [2014] ZAGPPHC 795 (16 September 2014)
The court found that the applicant had complied with the requirements of section 129 of the National Credit Act by sending the notice via registered mail to the respondent's nominated address, with sufficient evidence of delivery. However, the respondent's marriage was in community of property due to the absence of a registered antenuptial contract, and the loan agreement and mortgage bond were concluded without the written consent of her husband, contrary to section 15(2)(f) of the Matrimonial Property Act. The court held that these issues required further ventilation by way of oral evidence…
Source excerpt
- Mortgage Bond Enforcement
- National Credit Act Compliance
- Matrimonial Property Act
- Notice In Terms Of Section 129
- Registered Mail Delivery
- Marital Status Effect On Transactions