A Critical Analysis Of The Mortgage Act 2009: Possible Implications To Mortgage Business In Uganda.

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.