Cancellations and Consents

6 January 2008

LegalSuite has launched a new module, namely the Cancellations and Consents module.  This module allows users to draw Consents to Cancellation, as well as various other Consents and Applications, for example, Consent to Subsitution of Debtor, Consent to Release, Application in terms of Section 4(1)(b), and so on.

Although the module is currently ready for use, we shall be developing it further, and shall be making substantial changes over the next few weeks.  These changes will enhance the functionality of the module, and make it possible for users to attend to a wider selection of Consents and Applications.

Taking on a Cancellation:

When taking on a Cancellation matter, insert the matter in LegalSuite Desktop in the usual way.

· Select a CLIENT (usually the Bank) from the Address Book by clicking on the  elipse button.  If the Client does not appear in the Address Book, add same.

· Select FEE SHEET as CONVEYANCING.

· Insert a description of the matter.

· Select MATTER TYPE as CONVEYANCING.

· Select DOCUMENT SET as CANCELLATIONS AND CONSENTS.

· PLAN OF ACTION will automatically default to CANCELLATIONS.

Once completed, the Take On screen will appear as follows:

Inserting the Cancellation’s details in the Document Generator Database

Setting up Defaults:

Once the matter has been inserted, click on the  Document Generator Database icon, and insert details of the Cancellation under the various tabs.

If the user is accessing the module for the first time, DEFAULTS should be set up.  To set up DEFAULTS:

· Click on the  Defaults icon to access the DEFAULTS screen.

· Select the ENGLISH language.

· Insert the Conveyancer’s FIRST NAMES, INITIALS and SURNAME the relevant fields.

· Insert the place of signature of documents at the DOCUMENTS SIGNED AT field.

· Click on the LODGING AGENTS checkbox, and select the Lodging Agent from the Address Book by clicking on the  elipse button.  If the Lodging Agent does not appear in the Address Book, add same.

· Insert the REGISTRAR OF DEEDS at which documents are lodged.

· Insert the full names of the COMMISSIONER OF OATHS.

· Inser the designation of the COMMISSIONER OF OATHS.

Once completed, the English Defaults screen should appear as follows:

Repeat the above steps for the AFRIKAANS language.

Once completed, the Afrikaans Defaults screen should appear as follows:

NOTE: Once the Defaults have been set up, this information will automaically be inserted into each Cancellation matter taken on, and the General tab will appear as follows for each new matter:

The GENERAL tab:

The Default information will be automatically inserted when a new matter is taken on.  The balance of the required information must be inserted.

· Select the TRANSFERRING ATTORNEY from the Address Book by clicking on the  elipse button.  If the Client does not appear in the Address Book, add same.

· Select the Transferring Attorney’s LODGING AGENT from the Address Book by clicking on the  elipse button.  If the Client does not appear in the Address Book, add same.

· Select the BOND ATTORNEY from the Address Book by clicking on the  button.  If the Client does not appear in the Address Book, add same.

· Select the Bond Attorney’s LODGING AGENT from the Address Book by clicking on the  elipse button.  If the Client does not appear in the Address Book, add same.

Once completed, the General tab should appear as follows:

The EXISTING BOND tab:

· Select the EXISTING BONDHOLDER from the Address Book by clicking on the  elipse button.  If the Client does not appear in the Address Book, add same.

· Insert the BOND ACCOUNT NUMBER of the existing bond to be cancelled.

Once completed, the Existing Bond tab should appear as follows:

The CANCELLATIONS tab:

General:

This is where the details which will appear on the Consent to Cancellation are captured.  In order to add the Consent’s details, click on the  Insert button.

· Insert the AUTHORISED SIGNATORIES and their authority phrase.  For example:

“ANDREW JORDAN TAYLOR and PETER SCOTT DE VILLIERS

duly authorised thereto by Power of Attorney No. PA123/2001 signed and dated at PRETORIA on 25 August 2001, and granted to them by the Directors of ABSA BANK LIMITED, Registration Number 1986/004794/06”

NOTE: This field has a Lookup Library, which is denoted by the  icon next to the field.  Click on this icon to access the Lookup Librabry, and insert details of the authorised signatories by clicking on the  Insert button.  Type in the details as follows:

Once the entry has been captured and saved in the Lookup Library, it can be used in future Consents to Cancellation.  The user clicks on the  icon and selects the authorised signatories from the entries in the Lookup Library.

NOTE: LegalSuite has provided a number of authorised signatories from which the users may select.

· Insert details of the existing bondholder in the BOND REGISTERED IN FAVOUR OF field.  For example:

“ABSA BANK LIMITED

Registration Number 1986/004794/06”

NOTE: This field has a Lookup Library, which is denoted by the  icon next to the field.  Click on this icon to access the Lookup Librabry, and insert details of the existing bondholder by clicking on the  Insert button.  Type in the details as follows:

Once the entry has been captured and saved in the Lookup Library, it can be used in future Consents to Cancellation.  The user clicks on the  icon and selects the authorised signatories from the entries in the Lookup Library.

NOTE: LegalSuite has provided a number of Bank and Building Society details from which the users may select.

· Insert the details of the Mortgagor(s) in the MORTGAGORS field.  For example:

“MICHAEL ALAN DE BEER

Identity Number 710101 1234 00 1

Unmarried”

· Insert the number of the bond to be cancelled at the BOND NUMBER field.

· Insert the amount of the bond to be cancelled at the BOND AMOUNT field.

· Insert the additional amount of the bond at the ADDITIONAL AMOUNT field.

· Insert the number of properties at the HOW MANY PROPERTIES field.  NOTE: This is relevant as it affects the amount of the fees in the Proforma Account.

Once completed, the General tab should appear as follows:

Ceded Bond:

If a bond has been ceded during the course of its term, details of the cession are to be inserted under this tab.

· Insert the date of cession of the bond at the CESSION DATE field.

· Insert the cession number at the CESSION NUMBER field.

· Insert details of to whom the bond was ceded at the CEDENTS field.  For example:

“NEDCOR BANK LIMITED (Registration No. 1951/000009/06) by Cession registered under BC[[(BC:ConsentCessionNumber)]] on [[(BC:ConsentCessionDate)]] which has changed its name and is now known as NEDBANK LIMITED (Registration No. 1951/000009/06)”

NOTE: This field has a Lookup Library, which is denoted by the  icon next to the field.  Click on this icon to access the Lookup Librabry, and insert details of the Cedent by clicking on the  Insert button.  Type in the details as follows:

Once the entry has been captured and saved in the Lookup Library, it can be used in future Consents to Cancellation.  The user clicks on the  icon and selects the Cedents from the entries in the Lookup Library.

NOTE: LegalSuite has provided a number of Cedents details from which the users may select.

Once completed, the General tab should appear as follows

The PROFORMA ACCOUNT tab:

LegalSuite will calculate the amounts contained in the Proforma Account from information inserted in the Cancellation General tab above, and is assembled on the user’s letterhead by clicking on the  Assemble icon.

The Proforma Account tab sould appear as follows:

The CONSENT tab:

This screen contains details of various Consents, and shall be dealt with further on in this White Paper.

The NEDBANK tab:

This tab is used to request cancellation figures from Nedbank electronically.  NOTE: Nedbank must appear as a Party for this Matter in order for LegalSuite to access the correct email address, etc.

· Click on the  Parties for this Matter icon.

· Insert Nedbank as the EXISTING BONDHOLDER by selecting same from the Address Book.  If the Party does not appear in the Address Book, add same.  Ensure that the correct email address for requesting cancellation figures is inserted when taking on Nedbank in the Address Book.

Once completed, the Parties for this Matter screen should appear as follows:

· Once Nedbank has been inserted as the existing bondholder, click on the  icon in order to create an email addressed to Nedbank requesting cancellation figures.  LegalSuite will generate an email to be sent to Nedbank as follows:

· Click on the  Send button to send the email via Outlook in the usual way.

NOTE: Requests for cancellation figures in this manner are in respect of Nedbank bonds only.  Cancellation figures for ABSA Bank bonds are requested via RegiNet, cancellation figures for Standard Bank bonds are requested via L@W, and cancellation figures for FNB bonds are still requested by fax to centralised Home Loans in Johannesburg.

Generating Consent to Cancellation documents:

Documents for the Cancellations and Consents module can be generated either from within the Document Generator Database, or from the LegalSuite Deskop.

To generate documents from within the Document Generator Database:

· Click on the  Assemble Documents icon to access the list of available documents.

· Select the document to be merged, and proceed with merging the usual way.

· Merged documents will be saved in the Document Log for the matter.

To generate documents from the LegalSuite Desktop:

· Click on the  Save & Close icon to save all the inserted information.

· Once back at the LegalSuite Desktop, higlight the matter, and click on the  Assemble Documents icon to access the list of available documents.

· Select the document to be merged, and proceed with merging the usual way.

· Merged documents will be saved in the Document Log for the matter.

Taking on a Consent (other) / Application:

This is done in the exact same way as taking on a Consent to Cancellation.  Once in the Document Generator Database, the following tabs are to be completed as set out above:

· General tab (inserts Conveyancers details, place of signature, Registrar, etc.)

· Cancellations tab (inserts details relating to the Mortgagor, registered bondholder, etc.)

· Proforma Account (NOTE: Amounts in respect of various Consents are to be inserted manually at this time.)

The CONSENT tab:

General Consent:

· Insert the description of the matter here (used in various letters).

Consent to Substitution of Debtor:

· Insert the ranking of the bond in question at the RANKING field.

· Insert the description of the property, including the extent, at the PROPERTY field.

· Insert the descrption of the Mortgagor who will substitute the existing Mortgagor at the MORTGAGOR field.

Consent ito S4(1)(b):

· Insert the name of the document in which the error has occurred at the DOCUMENT field.

· Insert a description of the error at the MISTAKE field.

· Insert the correct details at the CORRECTION field.

Waiver of Preference:

· Insert the name of the new bondholder at the NEW BOND HOLDER field.

· Insert the bond number of the new bond at the BOND NUMBER field.

· Insert the capital amount of the new bond at the CAPTIAL AMOUNT field.

· Inser the additional amount of the new bond at the ADDITIONAL AMOUNT field.

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