The registrar may effect the cancellation of the registration of a mortgage bond of which the client's copy has been lost or destroyed, and of which the registry duplicate has been lost or destroyed, after compliance with the following procedure:
The registrar must, at the expense of the person who purports to be the mortgagee, publish a notice of intent to effect the cancellation of the registration of the relevant bond in two consecutive ordinary issues of the Gazette and in two consecutive issues of a newspaper circulating in the area of jurisdiction of the deeds registry in which the mortgage bond is registered, as well as in the area where the property is situated.
The notice of intent to effect cancellation of the bond must call upon any interested person to furnish the registrar with an objection, if any, to the cancellation of the registration within a period of six weeks after the date of the first publication of the notice in the Gazette.
Should an objection to cancellation be received, the registrar must convey such objection to the person who purports to be the mortgagee and ensure that no cancellation takes place, except in terms of a court order.
After the expiry of the six-week period referred to above, the person who purports to be the mortgagee must lodge with the registrar consent to have the registration of the relevant bond purged from the deeds registry records. The consent must contain an affidavit or declaration stating:
- That the client's copy has been lost or destroyed and the registry duplicate has also been lost or destroyed;
- That a notice of intent to have the registration of the relevant bond purged from the deeds registry records has been duly published;
- That the client's copy has not been pledged and that it is not being detained by anyone as security for debt or otherwise.
A copy of the notice of the intent to cancel registration must accompany the consent to cancel.
As this is a practice laid down by the Pretoria Deeds Registry, no other Registrar is bound by it. However, the practice could be followed, should such a Registrar also adopt this practice. - Editor of SA Deeds Journal