Getting the 90-day cancellation notice handled before you sell
Learn why the 90-day bond cancellation notice matters, when it must be submitted, and how to find an attorney who handles it properly before sale.
You've listed your property and accepted an offer—then your attorney mentions the 90-day cancellation notice. That's the formal letter your lender needs before they'll consent to bond cancellation when you sell. It sounds simple, but getting the timing and procedural steps right before sale day can save you from penalty interest, delays at transfer and unnecessary back-and-forth with the bank.
Why the 90-day notice matters more than it sounds
When you sell a property with an outstanding bond, your lender holds a registered mortgage bond. They won't release that security without written notice that you intend to cancel. The National Credit Regulator requires lenders to give you at least 20 business days' notice of their intention to enforce the bond if you default—but that's not what's happening here. Instead, you're initiating the cancellation, and the 90-day notice is your formal request to your lender to prepare for bond redemption on a future date.
The number "90 days" comes from the National Credit Act's cooling-off period. When you sign a credit agreement, you have 20 business days to cancel it without penalty. After that, your lender can charge interest for early redemption—but only if you've given proper notice. Submitting the cancellation notice locks in your redemption date and prevents the bank from claiming you owe penalty interest for unexpected early repayment. Without it, disputes over when you actually notified them can delay transfer and cost you money.
Your bond attorney's job is to lodge this notice with your lender well before transfer, usually within days of your offer being accepted. The timing protects you: the bank receives formal written proof on a specific date, the 90-day window starts, and everyone knows when the bond will be redeemed. On transfer day, the redemption amount is final and the cancellation is routine.
What happens between notice and transfer
Once your attorney submits the 90-day cancellation notice, the lender has a deadline to acknowledge it and confirm the redemption amount—the exact figure you'll need to clear the bond on transfer date. Your attorney chases that confirmation because without it, the transfer cannot proceed. The bank calculates the outstanding capital, adds accrued interest to the transfer date, and includes any administration fees. Interest accrues daily, so the redemption figure changes slightly each day.
Your buyer's attorney and the estate agent coordinate the closing date (transfer date), and your attorney feeds that into the lender's redemption request. If the transfer is delayed—paperwork hiccups, survey issues, or a problem with the buyer's bond application—the redemption figure changes again. This is why the 90-day notice is submitted early: it gives everyone breathing room and prevents the lender from claiming you cancelled without notice.
Some lenders are slower than others. A few weeks before transfer, your attorney should follow up with the bank in writing to confirm they have received the notice, to request the final redemption figure, and to confirm they will cancel the bond on the transfer date. If you're selling in a high-interest environment or if your property value has fallen below your bond balance, these details become even more critical—disputes over redemption amounts or cancellation consent can derail the whole sale.
Finding someone to handle it properly
Not all conveyancers prioritise the cancellation notice with the same diligence. Some attorneys treat it as a rubber-stamp task; others recognise that a well-managed notice submission and follow-up prevents last-minute panics. When you're choosing a bond attorney or conveyancer, ask whether they lodge the cancellation notice within the first few days after your offer is accepted, whether they keep a log of the lender's acknowledgment and the redemption figure request, and how they handle follow-up if the bank is slow to respond.
You want someone who understands your lender's pace. Bigger banks have efficient redemption teams; smaller lenders or credit providers can be inconsistent. A good attorney knows which lenders to chase and when, and they'll keep you in the loop so you're not surprised on transfer day by a missing figure or an unsigned cancellation.
When you're ready to book, Strove's verified conveyancers in your province can walk you through the full sale process, including cancellation notice timing. Having someone who sweats the detail means fewer calls at the last minute and a smoother handover of keys.
Common questions
- What happens if my attorney doesn't submit the 90-day cancellation notice before transfer?
- The lender may claim you didn't give proper notice and could charge penalty interest on early redemption. Transfer may also be delayed while the bank processes a last-minute cancellation request. Submitting the notice early protects you by creating a paper trail and locking in the notice date with your lender.
- Can the redemption amount change after the 90-day notice is submitted?
- Yes. The redemption figure includes outstanding capital plus interest accrued to the transfer date. If transfer is delayed, the figure changes slightly because interest keeps accruing. Your attorney should request a final redemption figure close to transfer day and confirm the cancellation with the lender in writing.
- Who is responsible for submitting the cancellation notice—my conveyancer, my bond attorney, or the estate agent?
- Your bond attorney or conveyancer handles it. The estate agent arranges the closing date but does not submit legal notices. Make sure your attorney takes ownership of this task and confirms to you that it has been submitted and acknowledged by the lender.
- How long does the lender usually take to acknowledge the 90-day cancellation notice?
- This varies by lender. Larger banks often respond within 5–10 business days; smaller lenders may take longer. Your attorney should follow up in writing if no acknowledgment arrives within two weeks and request the redemption figure at the same time.
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