A critical analysis of the Mortgage Act 2009: possible implications to mortgage business in Uganda.
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Date
2015-02
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Publisher
Kampala International University, Faculty of Law
Abstract
The generation of this dissertation is divided into four chapters. Chapter one of the
dissertation will contain, general introduction, statement of the problem, objectives of
the study, methodology, hypothesis, literature revive chapterization, significance of the
study and research question. Chapter two will be focusing on literature review; I will be
able to handle the review in accordance to the research questions raised. They include
to explain the current state and shortfalls of the law relating to mortgage, the effect of
implementing the mortgage law and what are the recommendations to improve
mortgage transactions. This will be categorized in accordance to international level,
regional and finally in Uganda. Chapter three will look at Mortgage law in Uganda,
Mortgagors rights under Uganda laws, Mortgagors right of redemption, Mortgagees'
right under Uganda law. Appointment of a receiver, taking possession and the right to
sell. It will also look at a comparative analysis of the laws on mortgages in Uganda with
selected jurisdictions, Mortgages on customary land, the right to sue, appointment of a
receiver and the right to possession. Chapter four will look at a critical review of the
Mortgage Act , protection of the matrimonial home, validity of spousal consent,
variation of a mortgage, need for regulation for interest rate, Mortgagee exercising
power of sale, mortgaging of customary land, reinforcement of equity of redemption
and general power of court to grant relief. Chapter five will carry the final part, which
are the recommendations, regulation of interest rates, loading of a caveat by the
spouse on the matrimonial home, guidelines for mortgaging of customary land, formula
determining quantum of compensation upon payment, provisions of customers
mortgages and commercial mortgages, professionalization of the valuation, mortgagees
remedy against employee.
Description
A Dissertation Submitted to the Faculty of Law in Partial Fulfillment of the Requirements for the Award of a Degree of Bachelor of Laws of Kampala International University
Keywords
Mortgage Act 2009, mortgage