Moegsiena Ishmail is a practising Attorney, Conveyancer and Notary Public at our Cape Town Head Office in her capacity as Head of our Correspondent Conveyancing Department. Moegsiena also deals with the day-to-day management of the Bond Cancellations Department, thereby exceptional service levels to banks. She deals with a myriad of Conveyancing related matters and is particularly skilled in finding practical solutions to intricate and complicated conveyancing questions. Moegsiena also oversees her own retail Conveyancing matters, extending her exceptional service and knowledge to estate agents, buyers and sellers alike.

Newsflash | Lost Title Deeds and Mortgage Bonds

Please note the amendment to Regulation 68(1) and 68(11).

From 25 February 2019 onwards, if you have lost your title deed and want to apply to replace it, the application must be published in the Government Gazette. It then has to lie for inspection at the Deeds Registry for two weeks allowing any interested party to object to the issue of the replacement deed.

If, after two weeks, no objection has been lodged, the issuing and registration of the replacement deed may take place.

Therefore if you are considering selling a property or have received a mandate to market a property, we recommend that early in the process you ensure that the original title deed is readily available, as these amendments may well cause delays in the registration of transfers.

Similar steps must be followed if a mortgage bond has been lost.

For assistance, contact your STBB Conveyancer for advice.