Ruling stops Nedbank's non-compliant foreclosure cases

It was a bad day in court last week for Nedbank, its property valuation experts and lawyers.

- Ciaran Ryan

In a scathing judgment, Acting Judge Fiona Southwood of the Johannesburg High Court halted Nedbank's attempts to foreclose on 12 properties, each with different owners, citing numerous instances of non-compliance with court rules and ethical standards.

The judge raised serious concerns about the conduct of Nedbank's attorneys, counsel and property valuation experts.

Nor did she place much credibility on the arrears amounts claimed by the bank in several cases brought before the court by the bank.

Falsehoods

Nedbank's attorney and counsel were found to have misled the court in one case by claiming the owner was properly served with legal notices and then when challenged by the judge - denied any misrepresentation.

The bank's attorneys were referred to the Legal Practice Council (LPC) for further investigation, while the counsel representing Nedbank will have to answer to the same council as well as the Pretoria Society of Advocates.

12 cases, 'recurring issues'