Can a property in Seychelles be auctione...

Asked by SONJA ELS on 04-12-2018 10:35:40
Question posted in the Property Law category relating to KwaZulu-Natal
Question value: R 300.00

Can a property in Seychelles be auctioned if we are behind in our levies. Also are we as South Africans protected in other countries under the POPI ACT if the Management Association has divulged this information to prospective prospective rental or purchase person/s. This has hampered the sale and re talk of said property. 

Ask your OWN Legal Question!

Answer to the Question

Posted by Att. Patrick on 04-12-2018 15:11:10

Hi there and thank you for your question,

Before a property can be sold, it would need to be attached by the sheriff of the court acting under a writ of execution, which would be issued following a judgment that the bank (or the credit provider) obtains against you.  The same thing applies for any other creditor, like a body corporate.

A summons would typically be issued, which would be served on you. This is where most banks catch you out, because the summons would be served on the "domicilium" address, which is 9 times out of 10 the property. That means that if you use the property as a holiday house (by way of example) and you live in South Africa, you might never actually find out about the summons!  That then means that a default judgment would be granted against you, and a writ of execution would follow, and before you know it - your property is on auction.

So yes, a property in Seychelles be auctioned if you are behind in your levies.  You could check the rules / constitution of the body corporate to see if they have followed the right processes for the recovery of the levies, but they probably did everything right.

Q: Also are we as South Africans protected in other countries under the POPI ACT if the Management Association has divulged this information to prospective prospective rental or purchase person/s. --> No, the POPI Act is a South African Act and only applies here. I don't know if there is similar legislation in the Seychelles.

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.