Cancellation Figures
Requesting Cancellation Figures From the Bank
When you sell a property that still has a home loan registered against it, your bank holds a financial claim over that property until every last cent is repaid. Before your conveyancer can begin processing the transfer, they need to find out exactly how much you still owe — that amount is what the industry calls cancellation figures: the total sum required to fully settle an existing mortgage bond, including the outstanding balance plus any accrued interest.
Your conveyancing attorney typically obtains this figure as one of the very first steps after receiving the signed sale agreement. It isn't a rough estimate — it's a precise, bank-issued number that sets the financial mechanics of the entire transfer in motion. Without it, no guarantees can be structured, no funds can be allocated, and no registration date can realistically be planned.
Key Principle: South African law is clear: a property cannot change hands while the seller still owes money to the bank that holds a registered mortgage bond over it. The bond must be cancelled simultaneously with — or before — the registration of the new transfer.
What Are "Cancellation Figures"?
Think of cancellation figures as your financial exit number from your existing home loan. They represent the full amount your bank requires to walk away satisfied — the outstanding capital balance of your bond, plus any interest that has accumulated up to the projected date of payment.
The figure is provided by the bank holding the existing bond (referred to as the "cancellation bank"). They forward it — along with your property's title deed — to the attorneys they appoint to handle the bond cancellation, who then pass it on to your transfer attorney. This chain of communication is precise and cannot be skipped.
Your Attorney Checks the Property Records
Using digital deeds registry searches, the conveyancer confirms whether a bond exists, identifies the lending bank and retrieves the relevant account details from the seller.
A Formal Request Is Sent to Your Bank
Your attorney contacts the bank directly, requesting the cancellation figures alongside the original title deed held by the bank as security.
The Bank Names Its Cancellation Attorneys
The bank also advises which law firm they have appointed to attend to the cancellation of the bond — these are the "cancellation attorneys" or "bond cancellation attorneys."
Figures Flow to the Transfer Attorney
The cancellation attorneys receive the figures and the title deed from the bank and share them with your transfer attorney, who can now structure the guarantee requirements correctly.
Guarantees Are Requested From the Bond Attorneys
Armed with the cancellation figures, your transfer attorney requests guarantees from the purchaser's bond attorneys — the firm registering the buyer's new home loan.
The Title Deed
The Bank's Title Deed: How We Retrieve It for Transfer
Your original title deed isn't sitting in a drawer at home. If you have a bond, the bank holds it — and getting it back is one of the first tasks in the transfer process.
Why the Bank Holds Your Title Deed
Banks retain original title deeds as a form of security for the duration of your home loan. It's their way of ensuring that a title deed cannot be submitted to the deeds registry for any purpose — including a fraudulent transfer — without their involvement.
Why the Deed Is Needed for Transfer
The original title deed must be lodged at the Deeds Office alongside the new deed of transfer. It contains the conditions of ownership and any endorsements that must be carried through to the new deed. There is no work-around — the physical deed must be present.
What Gets Requested From the Bank
Your conveyancer makes a formal written request to the bank for three things simultaneously: the original title deed, the cancellation figures, and the identity of the cancellation attorneys. This single request sets multiple wheels turning at once.
Practical Tip: Your conveyancer should request the title deed as early as possible. It's needed not just for the final lodgement, but for drafting supporting documents long before registration day. Every day of delay in retrieving it can slow the entire transfer timeline.
Bank Guarantees
Bank Guarantees: How the Purchase Price Is Secured
A bank guarantee is the financial backbone of a property transfer. It's the mechanism by which everyone — seller, bond holder, and transfer attorney — can rely on payment arriving at exactly the right moment.
When a buyer obtains a home loan, the bank doesn't simply hand over cash. Instead, they issue a bank guarantee — a written commitment to pay a specified sum to a specified party, triggered by one precise event: the registration of transfer at the Deeds Office.
This conditional nature of the guarantee is what makes the whole system work. Nobody hands over money prematurely. The seller is protected because payment is guaranteed the moment ownership changes. The buyer's bank is protected because money only flows once their client is the legal owner.
| Worked Example — How Guarantees Are Structured |
|---|
| Purchase Price — R1,000,000 |
| New Bond Approved — R900,000 |
| Existing Bond (Cancellation Figure) — R557,000 |
| Guarantee 1 — To the seller's bank to cancel existing bond — R557,000 + interest |
| Guarantee 2 — To transfer attorney's trust account (seller's proceeds) — R343,000 (balance) |
| Shortfall (Purchase price minus bond amount) — R100,000 — must come from buyer |
| Total Secured — R1,000,000 ✓ |
What a Valid Guarantee Must Include
| Requirement | Why It Matters |
|---|---|
| In whose favour it's payable | Identifies the recipient — either the seller's bank (to cancel the bond) or the transfer attorney (for the seller's proceeds) |
| The exact amount | Must match or exceed the cancellation figure; errors here can block registration |
| Interest rate and basis | Bonds accrue interest daily; the guarantee must state the rate and the amount on which interest runs |
| Interest start date | Defines when interest liability begins — typically the date the cancellation figures are determined |
| The triggering transaction | States exactly which registrations (transfer + bond) must occur before payment is released |
| The payment location/account | Directs funds to the correct trust account or bank branch upon registration |
Covering the Shortfall: If the new bond covers less than the full purchase price, the difference must be paid by the buyer from their own pocket. This can be settled by depositing the shortfall into the transfer attorney's trust account, arranging a written undertaking from another attorney handling a linked transaction, or instructing your bank to issue an additional guarantee backed by funds already in your account.
When Things Run Long
What Happens If Transfer Is Delayed & Guarantees Expire?
Guarantees have a limited shelf life. If the transfer doesn't happen within the window, costs start mounting and documents may need to be reissued.
Interest Keeps Running
The existing bond continues to accrue interest from the date stated on the guarantee. If registration doesn't happen on time, the cancellation figure increases — meaning the seller may owe more to their bank than the original guarantee covers. Tip: Keep your conveyancer informed of any circumstance that might delay registration. Every day of interest adds up.
Guarantees May Need Renewal
Bank guarantees are issued for a specific period. If registration is delayed beyond that window, the guarantee expires and a fresh one must be requested — which may involve additional bank charges and further delays while waiting for the new documents. Tip: Ask your attorney to confirm guarantee expiry dates and build in a buffer when estimating registration timing.
Co-ordination Is Key
When multiple law firms are involved — the transfer attorney, the bond attorney, and the cancellation attorneys — all must lodge their documents at the Deeds Office on the same day. A delay by any one party cascades to all the others. Tip: Choose a conveyancer with established working relationships with major banks' bond attorneys.
The Simultaneous Lodgement Rule: Transfer, new bond registration, and bond cancellation must all be lodged at the Deeds Office on the same day — and registered simultaneously. This isn't a formality; it's a legal requirement. Your conveyancer acts as the co-ordinator, confirming a shared lodgement date with all the other attorneys involved before any documents are submitted.
Home Loan Approval
Home Loan Approval & the Suspensive Condition
Most property sales are conditional on the buyer securing a home loan. Until that condition is met, the sale exists in legal limbo — and your conveyancer must tread carefully.
A suspensive condition relating to a home loan typically reads along the lines of: the agreement is conditional upon the purchaser obtaining a loan of a specified amount, secured by a first mortgage bond over the property, within a defined number of days. Until that condition is fulfilled, the agreement has no binding effect.
This has a direct practical consequence: your conveyancer should take only preliminary steps — gathering documents, checking the title deed, making initial enquiries — while the home loan application is being assessed. If the bank ultimately declines the application and the suspensive condition lapses without being fulfilled, the sale agreement falls away entirely. Any work already done at the deeds registry or otherwise cannot be recovered.
Once the bank approves the loan and communicates this in writing, the suspensive condition is fulfilled. The sale becomes fully binding, and the conveyancer can move into high gear — preparing all transfer documents, requesting guarantees, obtaining clearance certificates, and co-ordinating a registration date.
| The Home Loan Condition — Timeline |
|---|
| Day 0 — Sale agreement signed by both parties |
| Days 1–28 (typical) — Buyer applies for / bank assesses home loan |
| Loan approved ✓ — Suspensive condition fulfilled — sale binding |
| Loan declined ✗ — Condition lapses — sale agreement falls away |
| Condition fulfilled — Full transfer process commences |
Transfers Without a New Bond
When Transfer Happens Without a New Bond
Not every buyer takes out a home loan. When a buyer finances a property from their own resources, the financial mechanics look a little different — and the process can actually be simpler.
In a bond-free purchase, there is no bond attorney involved on the buyer's side, and therefore no guarantee is being issued by a lending bank in the traditional sense. The buyer is responsible for ensuring that the full purchase price arrives in the transfer attorney's trust account — either before registration, or on the day itself.
However, the seller's existing bond — if there is one — still needs to be cancelled in the usual way. The transfer attorney still needs to obtain cancellation figures from the seller's bank and liaise with the cancellation attorneys. The difference is that instead of the buyer's bond bank issuing guarantees, the funds come from the buyer's own reserves.
The title deed retrieval process also changes slightly: once the seller's bond is cancelled and all proceeds are paid, the deeds office issues the new title deed directly in the buyer's name, and since there is no bond registered, it is eventually handed to the new owner rather than to a bond attorney.
No-Bond Scenario — What Changes: There is no bond attorney to co-ordinate with. There are no guarantees issued by a buyer's bank. Payment is made by deposit into trust or direct electronic transfer. The transfer attorney liaises only with the cancellation attorneys (if the seller had a bond). Registration can, in some cases, be faster — fewer parties means fewer moving pieces.
After registration takes place, the deeds office transfers funds electronically — in most modern transactions this happens electronically at midnight on the registration date — directly into the trust account of the transfer attorneys. From there, the seller receives their net proceeds after all deductions (rates clearances, bond cancellation costs, agent commission if applicable, and the conveyancer's fees) have been made.
Cash Buyers
Cash Buyers: How the Purchase Price Is Paid on Registration
Paying cash for property sounds simple — and in many ways it is — but "cash" in conveyancing has a specific meaning, and there are a few different ways it can be handled.
In conveyancing terms, a "cash sale" doesn't necessarily mean someone arrives with a briefcase of banknotes. It means the purchase price isn't being financed by a registered mortgage bond — the buyer is covering the cost from their own financial resources. Three common arrangements exist:
Full Cash Payment
The entire purchase price is paid from the buyer's own funds. The buyer deposits the full amount into the transfer attorney's trust account ahead of the guarantee deadline, or arranges for their bank to issue a guarantee backed by existing funds. No bond is registered. Most straightforward scenario — no bond attorneys, fewer parties, potentially faster registration.
Deposit + Own Funds
The buyer pays a deposit shortly after signing (usually held in trust by the conveyancer), with the balance paid from personal reserves on or before registration. There is no bond, so no bond attorney is appointed. Deposit earns interest for the buyer in a trust investment account pending transfer.
Bank-Backed Cash Guarantee
Even in a "cash" deal, the buyer may arrange for their own bank to issue a guarantee against funds already deposited in their account. This provides the same certainty as a bond guarantee — payment is triggered on registration — without a new bond being registered. Useful where the buyer prefers not to move large sums into a third party's trust account in advance.
What Happens to the Money on Registration Day?
Modern South African banking means that once the deeds office marks a transaction as registered, the financial institutions involved receive notification. In cases where a bank guarantee was issued, the bank pays the guaranteed amount electronically — typically processed at midnight on the registration date — directly into the trust account nominated in the guarantee.
Where funds were deposited directly into trust ahead of registration, the transfer attorney simply releases those funds to the relevant parties once registration is confirmed. In either case, the seller can expect to receive their net proceeds (after all costs and deductions) within a short period after registration — your attorney will confirm the exact timing.
One important note for cash buyers: your conveyancer must still attend to all the usual transfer mechanics — FICA verification, rates clearance, transfer duty (if applicable), and lodgement of all supporting documents. The absence of a bond does not reduce these obligations; it simply removes one layer of co-ordination.
Key Terms
Glossary: The Words Behind the Numbers
Property transfers come with their own language. Here are the terms you're most likely to encounter when navigating bond figures and guarantees.
| Glossary |
|---|
| Cancellation Figures — The total amount a seller owes to their bank to fully settle an existing home loan — capital balance plus accrued interest to the expected payment date. Required before a property can legally change hands. |
| Bank Guarantee — A bank's written commitment to pay a specific amount to a specific party, triggered by the registration of transfer (and bond, where applicable). It secures the purchase price without funds changing hands prematurely. |
| Cancellation Bank — The bank that holds the seller's existing mortgage bond. They must consent to the cancellation of their bond — and receive the outstanding amount — before transfer can proceed. |
| Bond Bank — The financial institution granting the buyer a new home loan. They issue guarantees secured by the new bond and direct payment to the cancellation bank (to settle the seller's bond) and the transfer attorney (seller's proceeds). |
| Cancellation Attorneys — The law firm appointed by the seller's bank to prepare and lodge the cancellation of the existing mortgage bond. They receive the title deed and cancellation figures from the bank and co-ordinate with the transfer attorney. |
| Bond Attorneys — The law firm appointed by the buyer's bank to register the new mortgage bond. They receive the transfer deed from your transfer attorney, prepare the bond documents, and issue guarantees on the bank's behalf. |
| Simultaneous Lodgement — The requirement that the deed of transfer, cancellation of the existing bond, and registration of the new bond all be lodged at the Deeds Office on the same day and registered together. Your transfer attorney co-ordinates this precisely. |
| Suspensive Condition — A clause in the sale agreement that puts the entire contract on hold until a specified event occurs — most commonly, until the buyer's home loan is formally approved by a bank. |
| Trust Account — A strictly regulated bank account held by the law firm — separate from the firm's own funds — in which all client monies (deposits, guarantee payments, proceeds) are held and managed during the transfer process. |
| Shortfall — The gap between the amount the bank's bond covers and the full purchase price. The buyer must fund this difference independently — by depositing cash, providing a bank-backed guarantee, or obtaining a written undertaking from another attorney in a linked transaction. |