For purposes of publication in the SABFS Newsletter I will focus on the procedures after the motor vehicle has been attached by the sheriff or deputy sheriff but before the sale in execution.
It is proposed that sheriffs liaise with the Motor Vehicle Licensing Authorities to obtain important information on the EXECUTION DEBTOR, REGISTERED OWNER and TITLEHOLDER as well as information on the MOTOR VEHICLE itself.
In the past the Motor Vehicle Licensing Authorities were extremely reluctant to furnish the office of the sheriff with any information whatsoever.
After the sale in execution purchasers had endless trouble to register motor vehicles on their names, despite the office of the sheriff furnishing the purchaser with an appropriate letter, an affidavit from the sheriff confirming the sale in execution, certified copies of the warrant of execution, notice of sale, veduroll and proof of advertisement.
This lead to purchasers no longer willing to pay reasonable prices for motor vehicles at sheriffs sales.
Attorneys even went so far as to instruct sheriffs to refrain from attaching motor vehicles.
How will this issue be resolved?
Important information need to be furnished after attachment but before the actual sale in execution.
The Motor Vehicle Licensing Authorities need to forward this information to the sheriff.
A copy of the Warrant of Execution, Notice of Attachment and a letter on the Letterhead of the Sheriff must be forwarded to the Motor Vehicle Licensing Authorities after attachment.
In this letter the sheriff requests information regarding the ownership of the motor vehicle as well as the titleholder of the motor vehicle and all other details on the motor vehicle such as registration number, engine number, VIN number as well as advice on the amount of outstanding fines, should it be applicable.
Once the above information has been lodged with the Motor Vehicle Licensing Authorities, the Motor Vehicle Licensing Authorities must within 5 working days furnish the sheriff with an eNatis printout.
The costs of the eNatis report should be deducted from the proceeds of the sale in execution.
Once in receipt of the eNatis information is it possible for the sheriff to book a sale in execution, or alternatively release the motor vehicle from attachment.
Llewellyn SharpSheriff P.E. North