Articles

Processing of consents

i)    Consent to cancel bond or cession

  •  The bond (mortgage or Notarial) is lodged under cover with holding deed and accompanied by consent to cancel the said bond
  •  Goes through usual receipting ,distribution and are captured
  •  Examining takes place
  •  One consent is lodged for cancellation of mortgage and one for notarial and numbered
  •  Cross writing takes place and details captured in computer
  •  Endorsements are done on both client and office copy and registrar signs on the endorsements to the effect that the bonds have really  been cancelled.
  •  For notarial and cession the two copies are given same number and one consent is sent to Bulawayo registry and noted in red
  • After signing the cancelled bond or holding deed if any is sent to conveyancers
  • Consent is sent for filling and Bulawayo copy sent to Bulawayo deeds office

           ii)    Substitution of debtor - A substitution of debtor consent is lodged if mortgage property is to be transferred but bond not cancelled

  • The consent is lodged accompanied by draft deeds of transfer, holding deed bond and any other supporting documents.
  • The consent is numbered and endorsements are made on both client and office copy of the holding deed and bond
  • The consent is sent to the signing desk.
  • The other copy is annexed to the client’s copy of the bond

iii)    Reduction of covers or part payment - Done when mortgagor has paid a certain fraction of money loaned, the endorsement to show the money paid or the remainder of the debt is made on the bond affected.

  • The consent is lodged like any other consents
  • The examination process is the same as consent to cancel a bond and endorsements are made on both the client and office copy
  • Folder is sent to signing desk for signing and reduction shall not be indicated on holding deed
  • Reduction of cover is accompanied by cession of rights to a different mortgage

iv)    Subdivision of mortgaged property

  • One consent accompanied by bond, holding deeds and any other supporting documents are lodged
  • Documents  are receipted and follow usual process
  •  If consent is in order it is numbered, cross writing  is done
  •  Endorsements that property has been released is made
  •  Documents go to registrar for signing
  •  Consent is sent to recording officer  and the bond and holding deed are returned to conveyancers

v)    Waiver of preference - Mortgage bonds have a ranking clause when registered. The bond registered first has to Rank prior to later registrations. Mortgage bonds from building societies rank prior to any other bond from financial institutions even though they are registered later.

  • Legal holder of already existing bond lodges a consent to waive preference of the registered bond in favour of new bond
  • Payment of prescribed fee is made and the bond whose preference is to be waived should be lodged together with holding deed
  • Consent is numbered and the necessary endorsements made
  • Data capturing is done and documents are sent for signing before consent is filed

vi)    Consent to rank parri passu - Consent lodged where legal holders of of registered bonds desire that bonds which would have different rankings be ranked on the same level with already existing ones

  • The process is the same only that there is no need to submit consent where there is a condition in the bond that it shall be ranked parri passu with certain given bonds

vii)    Terms of bond varied - The mortgagor and mortgagee can lodge a consent with the registrar if they decide to alter conditions of a registered bond.

  • Conveyancers prepare the consent in duplicate signed by both parties.
  • No endorsements are made on the holding deed
  • The examiner approves, and the consent is numbered and cross writing is done
  • A stamp is endorsed  on both copies  of bond to the effect that terms of the bond have been varied
  •  Duplicate consent is attached to client copy of bond
  •  Registrar signs the endorsements and not the consent.

viii)    Consent of rectification - An error in a registered deed can be corrected

  •  Only the owner or legal representative can apply for rectification by lodging a consent in terms of section 6(b) of the deeds registries (Act 20.05)
  •  If error is on deed of mortgaged property all interested parties should consent to rectification
  • Documents then go through the usual process of receipting, distribution, data capturing ,examining, signing and filing

ix)    Cancellation of tittles
Cancellation in terms of section 5 of the Rural Land Act - Property or land reverts back to state

  • Minister of lands and agriculture lodges consent to cancel title
  • Consent cancels both holding deed and diagram deed and documents are sent to SG after signing
  • Endorsement is made on office copy and client copy if available and property becomes unalienated  state land
  • Office retains consent upon registration
  • Advertisements in the gazette and local paper where property is situated

x)    Cancellation by court order-section 8 of Deeds Registries Act - Property would have been transferred to the registered owner in breach of any statutes

  • After examination and upon approval, the current deed is endorsed ’cancelled’ and previous deed endorsed ‘revived’
  • The registrar signs
  • Client copies of the deeds are returned to Conveyencers while Registrar retains the consent

xi)    Cancellation in terms of section18 of the Deeds Registries Act - This only applies to state land under a title deed

  • Consent from the Minister of Lands is lodged
  • Client copy of the deed is also lodged but if its not available the endorsement is done on the office copy
  • Consent is signed by the registrar
  • Both the current deed and the diagram deed are  forwarded to the SG for cancellation.

 

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