Mortgage Default Legal Priorities

Summary

In South Africa, municipalities have a statutory lien over properties for unpaid rates and taxes, which takes priority over mortgage bonds. The proceeds from a sale in execution must first satisfy outstanding municipal charges. According to case law, such as City of Tshwane Metropolitan Municipality v Mathabathe, the bank is generally not liable for the shortfall; responsibility lies with the current owner or purchaser. First Republican Bank should review relevant legal precedents and consult legal counsel to ensure compliance with statutory requirements. Legal journals like the South African Law Journal and Stellenbosch Law Review provide detailed analyses and case law references to support this advice.

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from the above, suggest journals to support my answer
To support your answer regarding the rights of First Republican Bank with respect to the outstanding rates and taxes, you can refer to the following legal journals:
*. **South African Law Journal**:
- Look for articles discussing the Local Government: Municipal Systems Act * of *, especially Section *.
- Search for case studies or legal analyses on municipal liens and their priority over mortgage bonds.
*. **Journal of South African Property Law**:
- Articles on the statutory lien of municipalities and its implications on property sales.
- Detailed discussions on the precedence of municipal claims over secured creditors, with case law references.
*. **Stellenbosch Law Review**:
- In-depth reviews of relevant case law, including *City of Tshwane Metropolitan Municipality v Mathabathe*.
- Analyses of the legal responsibilities of banks and property owners regarding unpaid municipal rates and taxes.
*. **De Jure Law Journal**:
- Scholarly articles on the interpretation of Section * of the Local Government: Municipal Systems Act.
- Case law reviews focusing on the rights and obligations of mortgage holders versus municipal authorities.
These journals will provide comprehensive legal analyses and case law references to support your advice to First Republican Bank. Would you like to explore