Deeds Registries Act, 1937 (Act No. 47 of 1937)RegulationsDeeds Registries Amendment Regulations, 2021Forms and TariffsFormsForm W |
FORM W
Prepared by me
….……………………………………………………..
ATTORNEY/NOTARY/CONVEYANCER
(Use whichever is applicable.)
..……………………………………………………….
(State full name and surname in block letters)
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(Disclose Legal Practice Council Membership Number)
CONSENT TO SUBSTITUTION
[Form of consent to substitution of debtor under section 57(1) of the Act]
Issued under the provisions of section 57 of the Deeds Registries Act, 1937 (No. 47 of 1937)
Whereas I ……………………………………………………………….….. am the legal holder of Mortgage Bond No. …………………………………dated ………………………………. passed by …………………………………
for the sum of ……………………………..whereby was hypothecated as a …………………………….. mortgage certain ………………………………………………………………………. (here describe the property).
And whereas the said ………………………………………. has transferred the aforesaid land to ………………………………………. who is ready and willing to take over the liability of the said ……………………………………….. under the said bond and to be substituted for the said transferor as the debtor under the bond.
Now, therefore, I agree under the provisions of the said Act, that the transferee aforesaid shall be substituted as debtor under the bond and that from the date of execution of the transfer the transferor shall be released from any obligation under the said bond.
Dated at……………………………………… this …………………………….day of …………………………………
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Signature of mortgagee
As witness:
……………………………………………
……………………………………………
And I, …………………………………………… the transferee aforesaid, having read the above consent of the legal holder of the bond, do hereby consent to accept transfer of the land subject to such bond and to be substituted for the transferor as debtor under the bond and hereby assume full liability for the indebtedness under the said bond in terms of the provisions of the said Act.
Dated at……………………………………… this …………………………….day of …………………………………
………………………………………………
Signature of Transferee
As witness:
……………………………………………
……………………………………………
[Form W substituted by section 4(d) of Notice No. R.884, GG43614, dated 14 August 2020]