Legal Talk – What you should know about Mortgage Bonds in South Africa (2024)

To inform home owners and prospective home owners about the registration procedures of mortgage bonds.

INTRODUCTION

A creditor who advances money to a debtor usually requires the debtor to provide some form of security for the repayment of the debt. Two main forms of security can be distinguished, namely:

  • Personal security: An individual can bind himself / herself personally as surety for the repayment of another’s debt in the event of non-payment by the debtor himself. Should the debtor not pay, the surety will be called upon to pay on behalf of the debtor.
  • Real security: A borrower (Mortgagor) can offer his immovable property to a lender (Mortgagee) as security for the repayment of a debt. The Mortgagee (normally a bank) will cause a mortgage bond to be registered over the immovable property as security for the fulfillment of the Mortgagor’s obligations.

WHO IS THE MORTGAGOR AND WHO IS THE MORTGAGEE?

  • The Mortgagor is the individual, company, close corporation, partnership or trust who has borrowed money to finance the purchase of an immovable property and mortgages his/her property as security for repayment of the loan.
  • The Mortgagee is the Bank, Financial Institution, employer or individual who lends the money to the Mortgagor and in whose favour the mortgage bond is registered.

WHAT IS A MORTGAGE BOND?

A mortgage bond is based on an agreement in terms of which the Mortgagor borrows money from the Mortgagee and agrees to pass a mortgage bond over a specific immovable property in favour of the Mortgagee as security to the Mortgagee for the repayment of money.

WHAT PROPERTY IS CAPAPABLE OF BEING MORTGAGED?

All immovable property, improved or unimproved, which is registrable in a Deeds Office can be mortgaged. This includes a flat as well, if it is held under sectional title and is owned by the Mortgagor.

WHAT ARE THE RIGHTS AND OBLIGATIONS OF THE MORTGAGOR?

  • Repayment of the loan. The Mortgagor must repay the capital debt and interest to the Mortgagee in terms of the loan agreement. The terms of repayment are contained in the agreement and the terms of repayment is normally 20 years.
  • Use of the property. The Mortgagee does not obtain the use and enjoyment of the mortgaged property as this is retained by the Mortgagor subject to certain restrictions e.g. the Mortgagor may not, without the written consent of the Mortgagee, grant a servitude over the property in favour of a third party.
  • Right to sell and transfer. The Mortgagor cannot transfer the property unless the mortgaged debt has been paid in full and the bond cancelled or the land is released from the operation of the bond with the written consent of the Mortgagee. The cancellation or release normally takes place simultaneously with the transfer.

WHAT DOES THE MORTGAGE BOND COVER?

The mortgage bond covers the land and the improvements effected after the bond was registered, e.g. a swimming pool built after registration of the bond.

WHAT HAPPENS IN THE EVENT OF THE MORTGAGORS INSOLVENCY?

A Mortgagee has a preferential claim to the proceeds of the property if it is sold pursuant to the Mortgagors insolvency e.g. the Bank will be entitled to claim from the proceeds of the sale what is due to it first. The concurrent creditors are paid from any residue of the proceeds.

WHAT ARE THE CONSEQUENCES OF FAILURE TO PAY INSTALMENTS?

Foreclosure is the term describing the procedure followed in this event. If the Mortgagor fails to fulfill his/her obligations towards the Mortgagee, the latter can enforce his/her rights against the Mortgagor by calling up the bond and obtaining a Court Order which authorizes a sale in execution after due notice has been given to the Mortgagor. A Bank therefore cannot immediately cause a property to be sold in execution merely because a Mortgagor failed to pay an installment.

WHAT IS THE “ADDITIONAL SUM” AS PRESCRIBED IN THE MORTGAGE BOND?

The mortgage bond secures not only the principal obligation of the debtor, but also ancillary expenses which the Mortgagor may incur in respect of the property such as insurance, maintenance expenses, the legal cost of pursuing the claim and arrear interest. Thus in a bond document provision is made for an “additional sum” over and above the amount borrowed, being the amount intended to cover the aforementioned items in the event of the Mortgagee having to foreclose on the bond.

WHO CAN GRANT A MORTGAGE BOND?

A mortgage bond can only be granted by the owner of the property.

  • Property held in joint ownership can be mortgaged only if all the co-owners give their consent.
  • A woman or man married out of community of property can mortgage her/his own immovable assets without her/his spouse’s consent.
  • If the parties are married in community of property, no spouse may mortgage the joint immovable assets without the other spouse’s written consent.

REGISTRATION IN THE DEEDS OFFICE

The limited real right which is embodied in the mortgage bond is established only after the bond has been registered in the Deeds Office. To effect registration, a mortgage bond must be prepared by a Conveyancer. In practice an endorsem*nt is made on the Title Deed of the property which is mortgaged, which records the details of the bond so registered.

CANCELLATION OF A MORTGAGE BOND

The following are the most common grounds on which a mortgage bond can be cancelled:

  • On complete fulfillment by the debtor of his/her obligations to the Mortgagee.
  • When the owner transfers the property and pays the outstanding amount from the proceeds of the sale.
  • When the cancellation thereof is registered in the Deeds Office.

Courtesy: STBB Smith Tabata Buchanan Boyes

Legal Talk – What you should know about Mortgage Bonds in South Africa (1)

STBB Smith Tabata Buchanan Boyes is a firm of business-minded lawyers which was established in 1900. At present, the firm consists of over 100 professionals practising from 15 offices throughout South Africa.

Visit their website: www.stbb.co.za or contact them on: +27 (0) 31 583 8060

Disclaimer: The material contained in this article is provided for general information purposes only and does not constitute legal or other professional advice. We accept no responsibility for any loss or damage which may arise from reliance on information contained in this article. © Copyright STBB Smith Tabata Buchanan Boyes 2007. All Rights reserved

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Legal Talk – What you should know about Mortgage Bonds in South Africa (2024)

FAQs

What does a mortgage bond entail in South Africa? ›

WHAT IS A MORTGAGE BOND? A mortgage bond is based on an agreement in terms of which the Mortgagor borrows money from the Mortgagee and agrees to pass a mortgage bond over a specific immovable property in favour of the Mortgagee as security to the Mortgagee for the repayment of money.

How do house bonds work in South Africa? ›

The first few bond repayments made will cover the interest and fees occurred from the sale of property; later instalments will then go towards paying off the capital amount of the loan. If you fail to pay back the loan, the Bank will take possession of the home and it will go through a process known as foreclosure.

How do I know if I qualify for a bond in South Africa? ›

The lower your income, the lower the loan amount for which you can qualify. Your credit score will also play a big role in determining how much a bank is willing to lend you. As a general rule, you shouldn't be spending more than a third of your net monthly income towards your monthly bond repayments.

How do you explain mortgage bonds? ›

A mortgage bond is a type of bond backed by mortgages, such as real estate. Mortgage bonds provide liquidity to lenders, while borrowers can borrow larger amounts of money at a lower cost. Mortgage bonds are safer than corporate bonds, but usually have a lower rate of return.

What is the interest rate on mortgage bonds in South Africa? ›

How much more you'll pay on your monthly bond in South Africa after the latest interest rate hike
Value of the bond (20 years)November 2022 (10.50%)January 2023 (10.75%)
R900 000R8 985R9 137
R950 000R9 485R9 645
R1 000 000R9 984R10 152
R1 500 000R14 976R15 228
10 more rows
Jan 26, 2023

What is the interest rate on house bonds in South Africa? ›

The South African Reserve Bank (SARB) has announced a 50 basis point hike, taking the current prime lending rate from 10.75% to 11.25%. This recent hike marks the ninth rate hike since the current hike cycle started in November 2021, totalling 425 basis points over the period.

What happens if you don't pay your bond in South Africa? ›

Their legal department will make arrangements for you to either sign a Power of Attorney in favour of the bank to market/sell your property or you can arrange to list the property independently. Further legal action to blacklist you and repossess your property will be taken if this does not remedy the situation.

What is the minimum house bond in South Africa? ›

The required deposit is usually 10% of the property price. Of course, the higher your deposit, the more you can afford to pay on a home loan. In other words, a high deposit will enable you to buy a more expensive property. Many first-time buyers opt for the 100% home loan, which removes the need for a deposit.

Can I sell my bond house in South Africa? ›

If your home has increased enough in value then, when you sell, the price you get will cover your remaining bond repayments and even some of the costs of buying your next home.

Can a foreigner get a bond in South Africa? ›

The Loan to Value amount is granted on the same basis as per SA Citizens with certain limitations. 2. Foreign Nationals: Applicants must have a valid foreign passport with a valid temporary residence visa such as a work visa, spousal visa, etc.

Can a 60 year old get a bond in South Africa? ›

" Banks will usually want the age for full repayment of the bond not to exceed 60 to 70 years old so a 60 year old buyer, whether first time or repeat buyer, would probably only qualify for a 10 year term, making the age 70 upon the final repayment of the home loan being made." Reducing the term, of course, increases a ...

How long does it take to get a bond approved in SA? ›

How long does it take for the bank to approve a home loan in South Africa? Home loan approval usually takes around one week, although it can take longer if certain requirements haven't been met. You can use our Bond Calculator to determine what home loan you would qualify for.

What is the issue with mortgage bonds? ›

Mortgage bonds can be securitized into financial derivatives and sold to investors, which provides more liquidity in the capital market and allows the transfer of risks. One of the drawbacks of mortgage bonds is the risk of losing the collateral if the borrowers fail to make the payments.

What is another name for mortgage bond? ›

What Is a Mortgage-Backed Security (MBS)? Mortgage-backed securities (MBS) are investment products similar to bonds. Each MBS consists of a bundle of home loans and other real estate debt bought from the banks that issued them.

What are the different types of mortgage bonds? ›

There are two types of mortgage bonds: pass-through securities and collateralized mortgage-backed securities.

What is the current bond rate in South Africa? ›

The South Africa 10Y Government Bond has a 11.055% yield. Central Bank Rate is 7.75% (last modification in March 2023). The South Africa credit rating is BB-, according to Standard & Poor's agency.

How does bond interest work in South Africa? ›

The bonds are listed on the Bond Exchange of South Africa. They trade in the capital market at the yield to maturity. The yield to maturity is the rate that your holding will yield over the life time of your Bond. There is an inverse relationship between a bond's yield to maturity and the price.

What is the yield on a 30 year bond in South Africa? ›

The South Africa 30 Years Government Bond has a 12.505% yield. Click on Spread value for the historical serie.

What is 100% bond in South Africa? ›

A 100% home loan, also called a 'zero deposit bond', is a bond that covers the full purchase price of the property, so you would not be required to put down a deposit as part of the deal.

How long does it take to pay a bond house in South Africa? ›

Bond registration usually takes about three months from the day your bond is granted. So three months for bond registration, plus another month until the first payment, means about four months from your bond being granted to the first payment.

What was the highest bond rate in South Africa? ›

Historically, the South Africa Government Bond 10Y reached an all time high of 20.69 in August of 1998. South Africa Government Bond 10Y - data, forecasts, historical chart - was last updated on May of 2023.

How much does it cost to cancel a bond South Africa? ›

Fortunately, a bank does not charge fees for cancelling a bond that is paid up. However, they will assign a cancellation attorney to cancel the bond, and you will have to pay the attorney's fees. The legal fees will usually be in the region of R1 200 to R1 500 plus VAT.

How can I reduce my bond in South Africa? ›

Put a little extra in every month

The first and most obvious way to reduce your loan term is to put in extra money every month. You'd be surprised at what a big difference just a couple of hundred rand a month can make. For example, on a R1 000 000 bond at a 10.25% interest rate, monthly repayments are R9 816.

How long does bond cancellation take in South Africa? ›

The process when you decide to cancel your bond:

The bank will require that you give a 90 Day (3month) early Settlement Notice.

How long is a bond in South Africa? ›

A 30 year bond means lower monthly repayments with a higher interest rate, while a 20 year bond means higher monthly repayments with a lower interest rate. A 30 year bond costs more in the long-term, but leaves more room for additional expenses each month.

Who pays bond costs in South Africa? ›

These costs are payable by the buyer to the SA Revenue Service (SARS) when the property is transferred from the existing owner to the new owner. This will normally be done by a Conveyancer, who acts on your behalf.

What is the 10 year bond rate in South Africa? ›

11.055%

Who pays lawyer fees when selling a house in South Africa? ›

Typically the purchaser pays the transfer fees charged by the conveyancing attorneys attending to the transfer of the property into the purchaser's name. Therefore, other than bond cancellation fees that the seller will pay if the seller has a bond that has to be cancelled, lawyer fees are paid by the buyer.

Can I sell my house without title deeds in South Africa? ›

Article summary. Basic paperwork required includes proof of your identity, the title deed for the property, some forms, and confirmation of your acceptance of the offer to purchase. In addition, you require five compliance forms that are issued following a home inspection.

Can I renovate a bond house in South Africa? ›

In many cases, an existing bond can be increased by way of a 'further loan' to pay for something big, including renovations and building work. Call 0800 007 111 and speak to a BetterBond home loan consultant, who will be able to help you choose the right option.

Are South African bonds safe? ›

Safety: RSA Retail Savings Bonds are considered a safe investment option, as they are backed by the government. This means the bonds are less likely to default, and your investment is secure.

Can a US citizen buy property in South Africa? ›

Article summary. Foreigners (whether they be natural persons or legal entities normally domiciled or registered outside the country) can buy property in South Africa. Foreign buyers or non-residents must comply with local legislation in that regard.

Can an American get a mortgage in South Africa? ›

Yes. There are no real restrictions on foreigners buying property in South Africa – although you may struggle if you have a criminal record. The South African mortgage market is a mature one and you will probably notice several similarities with financial transactions in the UK.

What is the 20 year bond rate in South Africa? ›

12.505%

What is the 5 year government bond rate in South Africa? ›

South Africa 5 Years Bond Spread

The South Africa 5 Years Government Bond has a 9.475% yield.

What's a good credit score in South Africa? ›

What is a good credit score in South Africa? Your credit score will be a three-digit number ranging from 0 to 999. You need a credit score of at least 610 for the bank to consider your home loan application, while anything above 661 is considered a decent credit score.

What happens after bond approval in South Africa? ›

Once your bond is approved, it takes around three months for it to be registered. Your first bond repayment will be debited from your account a month after registration, on a date chosen by you. You can elect to pay extra into your bond, in addition to what the bank debits from your account.

What is the minimum credit score to buy a house in South Africa? ›

The minimum credit score for a home loan in South Africa is around 640. A score of 600+ will give you a fair chance of home loan approval - although this may vary according to which bank you use. A score of 670+ is considered an excellent credit score, significantly boosting your chances of home loan approval.

What is the disadvantage of mortgage bond? ›

A disadvantage of mortgage bonds is that their yields tend to be lower than corporate bond yields because the securitization of mortgages makes such bonds safer investments. An advantage would that if a homeowner defaults on a mortgage, the bondholders have a claim on the value of the homeowner's property.

What are two major risks of owning bonds? ›

The main risks of investing in bonds include the following:
  • Interest Rate Risk. Rising interest rates are a key risk for bond investors. ...
  • Credit Risk. ...
  • Inflation Risk. ...
  • Reinvestment Risk. ...
  • Liquidity Risk.

What is the downside to bonds? ›

Some of the disadvantages of bonds include interest rate fluctuations, market volatility, lower returns, and change in the issuer's financial stability. The price of bonds is inversely proportional to the interest rate. If bond prices increase, interest rates decrease and vice-versa.

What is a mortgage bond South Africa? ›

WHAT IS A MORTGAGE BOND? A mortgage bond is based on an agreement in terms of which the Mortgagor borrows money from the Mortgagee and agrees to pass a mortgage bond over a specific immovable property in favour of the Mortgagee as security to the Mortgagee for the repayment of money.

How do banks make money on mortgage bonds? ›

With MBSs, the bank acts as the middleman between the homeowners and investors. Individual mortgages are closed by banks and sold as conventional loans. From there, they are added to a pool of similar mortgages and packaged as a mortgage-backed security. The banks then sell those mortgages on the bond market.

Who issues mortgage bonds? ›

Most mortgage-backed securities are issued by the Government National Mortgage Association (Ginnie Mae), a U.S. government agency, or the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac), U.S. government-sponsored enterprises.

What are the 4 most common types of bonds? ›

The main types of bonds are:
  • Government.
  • Corporate.
  • Municipal.
  • Mortgage.
  • Treasury.
Jul 31, 2022

How do people make money from bonds? ›

In return for buying the bonds, the investor – or bondholder– receives periodic interest payments known as coupons. The coupon payments, which may be made quarterly, twice yearly or annually, are expected to provide regular, predictable income to the investor..

What are the 3 types of bond categories? ›

There are three main types of bonds:
  • Corporate bonds are debt securities issued by private and public corporations.
  • Investment-grade. ...
  • High-yield. ...
  • Municipal bonds, called “munis,” are debt securities issued by states, cities, counties and other government entities.

How much must you earn to qualify for a bond in South Africa? ›

The 30% rule of thumb rate is helpful in this regard, as you can look at the estimated minimum income for a property in a certain area, and calculate what 30% of that would be. For example: Fresnaye, Cape Town: Average property price is R6 400 000, requiring a monthly income of R213 000, 30% of which is R63 900.

How long does it take to buy a house bond in South Africa? ›

How long does it take for the bank to approve a home loan in South Africa? Home loan approval usually takes around one week, although it can take longer if certain requirements haven't been met. You can use our Bond Calculator to determine what home loan you would qualify for.

What is a bond payment in South Africa? ›

South Africa property bonds refer to amounts borrowed against a property. This can be for the purposes of purchasing or raising funds. The property is used as collateral by the lender in case of non-payment.

How much are bond attorney fees in South Africa? ›

Typically, the amount is fixed and vary from law firm to law firm. Nowadays, a typical amount for sundries is about between R1 200 and R1 500, payable before the registration of the bond. Sundries include expenses such as postage, petties, electronic instruction and generation fees, and Deeds Office searches.

How long does it take for a bond to be approved in South Africa? ›

The registration process typically takes between 8 and 12 weeks to complete. However, delays are possible if information is incomplete.

Are South African bonds a good investment? ›

Safety: RSA Retail Savings Bonds are considered a safe investment option, as they are backed by the government. This means the bonds are less likely to default, and your investment is secure.

Are bonds taxed in South Africa? ›

Local interest income

If you own bonds or have cash in the bank, then the interest you earn on this will be taxed. If you hold unit trusts then these often attract interest, which is taxable too. This interest income is subject to income tax and is taxed at your marginal tax rate.

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