Section 6: Inscription of legal mortgages
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
6. Inscription of legal mortgages
(1) A legal mortgage shall be inscribed on the production to the Conservator of Mortgages of a memorandum (bordereau) which shall, unless otherwise provided in any enactment, satisfy section 3 (2) and (3).
(2) Each memorandum (bordereau) shall contain—
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(a) the first name or names of the creditor in small letters, followed
by his surname in capital letters, his occupation and domicile and
the domicile elected by him or for him, if any, drawn up in the
manner described in section 3 (7) (a) (i);
(b) a description of the debtor in the manner described in section 3 (7) (a) (ii);
(c) particulars of the nature of the rights to be preserved and the
amount of their value in respect of matters which have been determined, without it being necessary to fix such value as respects things which are conditional, eventual, or undetermined.
(3) Any memorandum (bordereau) which does not satisfy a requirement
of this section may be rejected by the Conservator of Mortgages.
[S. 6 amended by s. 14 (c) of Act 20 of 2011 w.e.f. 11 November 2011.]
SCHEDULE
[Section 3]
FORM OF MEMORANDUM OF INSCRIPTION
(FRONT)
Volume no. ........................
Date ..................................
Number of Register .............
Number of pages ................
Repertory no. .....................
Margin not Contents of
(Margin reserved for Conservator) (Applicant shall not,
to be writ- memoranunder any circumstances, write in this margin)
ten upon dum
(BACK) Contents of memorandum
I, the undersigned .......................
(names, surname, profession,
domicile), certify that the 2 copies
of this Schedule have been duly
collated.
.................................................
Signature
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