GROUNDUP: Judge slams Standard Bank, lawyers for shoddy work against defaulting homeowner

and its lawyers have come under fire from a Durban high court judge for taking shortcuts in an application against a defaulting homeowner. The bank sought default judgment and an order allowing for the sale of the home.

In August last year, after they defaulted on their payments, the bank sent the requisite notice to them in terms of the National Credit Act, informing them that they had failed to make payment of the full monthly instalments, and demanding that they pay all arrears, failing which the bank would take legal action, which it then did, in September.

The judge said she had asked for an explanation and was told that the “discrepancy”, “a regrettable oversight”, was because the payments had been made into the bank’s general ledger account and not into the bond account. “Given the serious nature of these proceedings, and the fact that the defendants stand to lose their primary residence, one would expect a deponent to the affidavit to disclose all circumstances and to accurately disclose them. To say this was a discrepancy … may well amount to an act of perjury.”

Lazy set of lawyers. B Jackson Strauss Daly Inc instructing Adv SN Mfayela Even Lazier Bank Official deposing a affidavit that was a pack of garbage. Too often Banks are lazy hoping the court will just accept what is in the papers.

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