KHUZANI Mahlangu of Emndeni in Soweto can rest assured that his home is once again his own.
Nedbank has agreed to cancel the fraudulent suretyship and return Mahlangu's title deed which was used to secure a loan some years ago.
In June last year, Consumer Line published an article with the headline "My son stole my title deed".
The 80-year-old pensioner was facing eviction when he approached Sowetan for help.
Mahlangu's adopted son - his sister-in-law's son - allegedly acquired loans fraudulently using his father's identity document and title deed as security.
His son did not repay the loan and this compelled the bank to attach and sell Mahlangu's house.
Mahlangu later discovered that his son had taken a R50000 loan from Rodney and Isabella Stone and used his title deed as collateral.
His title deed has been used twice to secure a loan. First his son and later the moneylenders took a further loan of R112582, Mahlangu said.
He said about three years ago he was visited by the Stones, who had allegedly given his son the R50000 loan.
They told him they were planning to sell his home, but before doing so they invited him to their offices to show him proof they had the right to do so.
"It became clear that my son had taken a loan, using my ID book and title deed as a security," he said.
He said his son admitted at a family meeting that he had taken the documents without his permission.
"He also confessed to taking a further loan from his employer, also using the title deed," he said.
Mahlangu said his family took the Stones to his son's home to sort the problem out, but it was too late since the Stones had already defaulted on their own loan repayment and Nedbank had started the legal process.
After Sowetan brought the matter to Nedbank's attention, the bank halted the eviction process and started an investigation.
Mahlangu's worries are over. The Legal Resources Centre is helping to register his home back in his name.
.
Handy tips:
YOUR consumer right to safety:
- Scenario: Maintenance is under way at a shopping mall. A sign says: "Sorry for the inconvenience", so you assume there is no danger. As you walk past some scaffolding, a plank falls down and injures you.
- What the act says: Section 49 of the act states that the supplier of a service must draw the consumer's attention - in a manner that is likely to attract the attention of the consumer - to any risk that could result in serious injury or death.
- What to do: Submit a claim for your medical costs to the management of the shopping mall together with proof of injuries and medical expenses.
You may ultimately have to lodge a claim in court for damages. You will first need to obtain a notice from the Consumer Tribunal.
Sourced from A Pocket Guide, Know your Consumer Rights by Advocate Neville Melville and KA Melville Nieman
Pensioner gets home back
KHUZANI Mahlangu of Emndeni in Soweto can rest assured that his home is once again his own.
Nedbank has agreed to cancel the fraudulent suretyship and return Mahlangu's title deed which was used to secure a loan some years ago.
In June last year, Consumer Line published an article with the headline "My son stole my title deed".
The 80-year-old pensioner was facing eviction when he approached Sowetan for help.
Mahlangu's adopted son - his sister-in-law's son - allegedly acquired loans fraudulently using his father's identity document and title deed as security.
His son did not repay the loan and this compelled the bank to attach and sell Mahlangu's house.
Mahlangu later discovered that his son had taken a R50000 loan from Rodney and Isabella Stone and used his title deed as collateral.
His title deed has been used twice to secure a loan. First his son and later the moneylenders took a further loan of R112582, Mahlangu said.
He said about three years ago he was visited by the Stones, who had allegedly given his son the R50000 loan.
They told him they were planning to sell his home, but before doing so they invited him to their offices to show him proof they had the right to do so.
"It became clear that my son had taken a loan, using my ID book and title deed as a security," he said.
He said his son admitted at a family meeting that he had taken the documents without his permission.
"He also confessed to taking a further loan from his employer, also using the title deed," he said.
Mahlangu said his family took the Stones to his son's home to sort the problem out, but it was too late since the Stones had already defaulted on their own loan repayment and Nedbank had started the legal process.
After Sowetan brought the matter to Nedbank's attention, the bank halted the eviction process and started an investigation.
Mahlangu's worries are over. The Legal Resources Centre is helping to register his home back in his name.
.
Handy tips:
YOUR consumer right to safety:
You may ultimately have to lodge a claim in court for damages. You will first need to obtain a notice from the Consumer Tribunal.
Sourced from A Pocket Guide, Know your Consumer Rights by Advocate Neville Melville and KA Melville Nieman
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