A mortgage bond is a legal document which secures a debt or other obligation in favour of the holder of the mortgage bond.
A mortgage bond is, in addition, a charge against property, which property can be immovable eg. a house, flat or business property or movable eg. equipment or stock in trade. Where immovable property secures a debt or obligation, the mortgage bond is registered in the Deeds Registry for the area in which the property is situated and it is noted against the title deed for such property owned by the bond debtor. Typically such a mortgage bond is registered by a purchaser of immovable property who borrows funds from a bank or other financial institution for payment of the purchase price. Where a third party offers immovable property as security for the debt or obligation of another party, a surety bond is registered. In addition, the person standing surety may require the borrower to register an indemnity bond in favour of the surety.
A bond registered against movable property as security is a Notarial bond and this is signed before a Notary Public and registered in the Deeds Registry where the individual bond debtor lives or, if a company or other legal entity, where it has its registered office. Herold Gie is on the bond registration panel of all the major banks and also specialises in drafting bond documents for private bonds where the holder of a bond is a private person or other legal entity.
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