Court Says Bank Attorney Probably Perjured Herself
When a bank decides to try and take a persons home and sell it on auction they will prepare court documents and try to get a court to declare a property executable so that they do not have to wait years to fight about a matter at court and can sell it. This has been a common practice for many years and still continues.
When this is done, someone on the bank’s side has to make an affidavit that explains why the situation is and why they think the bank should be allowed to kick people out of their home and sell it on auction.
Many courts see these matters routinely and most of the affidavits from the banks say pretty much the same thing.
‘some affidavits are so similar it can feel like they have been copied and pasted from a previous document’
In fact, some affidavits are so similar it can feel like they have been copied and pasted from a previous document with just a few figures changed to match the case.
Bust
In a recent case involving a consumer who fell behind on payments, the usual happened and the courts were presented with a call for a request for permission to sell the property (declare it executable). The problem is that this time the judge was not happy that all the facts and figures given in the affidavit actually lined up with the attached proofs (addendums).
So, the court gave the attorney and the bank employee a chance to get their story straight and it then seems they submitted amended docs that were also incorrect again.
Since the person who makes the affidavit swears that they have all the facts and are telling the court the truth this landed one attorney (and bank employee) in hot water. The judge called them out on their copy and paste type documentation which did not line up with the facts. Oops.
As a result, the bank was told they cannot get a summary judgement and they must pay for all the legal work in this case (and not just bill it to the consumer’s account). Also, the court found that the bank had not really tried very hard to reach the consumer whose home was on the line. banks must ensure that consumers have a chance to get such vital legal notices and documents.
A Whole Lot Of Trouble
Because of the irregularities in the matter, the court then went on to refer the matter to the KZN Legal Practice Council and the Banking Ombud.
