If a homeowner falls behind on their contractual repayments, we make every effort to contact them (by telephone, SMS, post and/or email) to understand their situation. This is important as we need to find the best possible solution either to rehabilitate the loan or to minimise the losses that the client will experience.
A sale in execution (SIE) is our last resort, as the financial losses to both our clients and us are significant.
We have several options available to our home loan clients in case of financial distress. We also aim to provide clear advice so that the client may fully understand the financial impact of each one. More information on ways to manage your loan.
In essence, there are five major scenarios when a client faces financial difficulty:
- Clients who have missed payments but are now able to bring their payments up to date can arrange with us to meet their current monthly obligations.
- Clients who can't bring their payments up to date but who can pay regular monthly instalments are assessed to see if their accounts can be restructured over a longer period. This option is available to clients who can afford the new instalment.
- We formally advise clients of their rights under the National Credit Act, 34 of 2005 (NCA), to approach a debt counsellor within a set period. We actively participate in and support debt counselling arrangements that meet the requirements of the NCA.
- For clients who can't afford repayment in terms of any of the repayment plans, we provide Nedbank's Assisted-Sales programme. This programme entails the marketing and selling of clients' houses through some of the country's leading estate agents in normal, non-distressed circumstances. The prices clients get for their assets from this process are usually far better than those from an SIE.
- Finally, if the client is unable or unwilling to sell through the assisted-sales programme, we have no choice but to limit our losses as far as possible by realising our security (i.e. selling the property) through the legal process.
The legal recovery process can be summarised as follows:
- We contact clients by telephone and mail.
- We have detailed conversations to understand our clients' financial situation and try to reach a solution (options 1 to 4 above).
- Once we have established that our clients cannot rehabilitate their loan and that they are unable or unwilling to sell their property to reduce their obligations, we initiate the legal process and issue a letter of demand.
- At a suitable time, we instruct our attorneys to issue a summons. This is delivered by a sheriff to the client's chosen address.
- This is followed by an application to the court to allow the property to be sold by a sheriff of the court. A judge assesses the application and ensures that a fair process has been followed.
- The next step is for the sheriff to set a date for the property to be sold by way of an SIE and to advertise the SIE in the Government Gazette and a local newspaper.
- We calculate a market-related reserve price aimed at measuring the price the client would receive for the asset to offset his/her loan.
- The SIE takes place on the scheduled day.
Our key message to clients in distress is to contact us so that we can work out the best solution together, rather than following the legal recovery process. So, if you find yourself struggling to make your home loan repayments, please reach out to us. We are always here to help you.