Related documents
- Is commenced by Mortgage Act (Commencement) Instrument, 2011
- Amends Registration of Titles Act
- Repeals Mortgage Act
Uganda
Mortgage Act, 2009
Act 8 of 2009
- Published in Uganda Gazette 53 on 30 October 2009
- Assented to on 29 September 2009
- Commenced on 2 September 2011 by Mortgage Act (Commencement) Instrument, 2011
- [This is the version of this document from 30 October 2009.]
Part I – Preliminary
1. Commencement
This Act shall come into operation on a date appointed by the Minister, by statutory instrument.2. Interpretation
In this Act, unless the context otherwise requires—“civil debt recoverable summarily” means a civil debt recoverable summarily in a court of competent jurisdiction;“court” means a court, not lower than a Grade I Magistrate’s court including a land tribunal, having jurisdiction to hear a case with regard to the value and location of the subject matter;“currency point” has the meaning given to it in the First Schedule to this Act;“customary land tenure” has the meaning given to it by the Land Act;“extortionate” means calculated to obtain property from another induced by wrongful use of actual or threatened force, violation or fear under colour of official right;“freehold land tenure” has the meaning given to it by the Land Act;“informal mortgage” means a written and witnessed undertaking, the clear intention of which is to charge the mortgagor’s land with the repayment of money or money’s worth obtained from the mortgagee and includes an equitable mortgage and a mortgage on unregistered customary land;“land tenure” means a system of holding land and includes, customary land tenure, freehold land tenure, leasehold land tenure and mailo land tenure;“leasehold land tenure” has the meaning given to it by the Land Act;“lien by deposit of documents” means the deposit of any documents referred to in section 3(8)(b);“mailo land tenure” has the meaning given to it by the Land Act;“matrimonial home” means a building or part of a building in which a husband and wife or, as the case may be, wives, and their children, if any, ordinarily reside together and includes—(a)where a building and its curtilage are occupied primarily for residential purposes, that curtilage and outbuildings on it; and(b)where a building is on or occupied in conjunction with agricultural land or pastoral land, any land allocated by one spouse to his or her spouse or in the case of a husband, to his spouses for his, her, or their exclusive use;“Mediator” shall have the meaning as assigned to it by section 89 of the Land Act;“Minister” means the minister responsible for lands;“mortgage” includes any charge or lien over land or any estate or interest in land in Uganda for securing the payment of an existing or future or a contingent debt or other money or money’s worth or the performance of an obligation and includes a second or subsequent mortgage, a third party mortgage and a sub mortgage;“mortgagee” means a person in whose favour a mortgage is created or subsists and includes any person deriving title under the original mortgagee;“mortgagor” means a person who has mortgaged land or an interest in land and includes any person from time to time deriving title under the original mortgagor or entitled to redeem the mortgage according to his or her estate, interest or right in the mortgaged property;“receiver” means a receiver, or a manager, or a receiver and manager in respect of any land, and includes any person appointed as receiver—(a)by or under any document; or(b)by the court in the exercise of a power to make such an appointment given by any Act or any rule of court, or in the exercise of its inherent jurisdiction,whether or not the person appointed is empowered to sell any of the property in receivership, and includes a sole receiver or two or more receivers, and any successor in office of a receiver;“recorder” means a recorder appointed under the Land Act;“registrar” means the Registrar of Titles under the Registration of Titles Act;“sub mortgage” means a mortgage of a mortgage;“surety” means a person who offers security in the form of money or money’s worth to ensure the payment of any monies secured by a mortgage and includes a guarantor;“third party mortgage” means a mortgage which is created or subsists to secure the payment of an existing or future or a contingent debt or other money or money’s worth or the fulfilment of a condition by a person who is not the mortgagor, whether or not in common with the mortgagor;“trustee” in relation to a bankruptcy and the bankrupt, means the trustee of the bankrupt’s estate;“unconscionable” means unfair or oppressive, involving procedural abuses relating to terms of contract where the terms of the contract violate reasonable expectations of the parties;“working day” means any day other than a Saturday, Sunday or a public holiday.Part II – General
3. Power to create mortgages
4. Duty to disclose information
5. Mortgage of matrimonial home
6. Consent to mortgage of matrimonial home
7. Application of this Act to mortgages on customary land
8. Mortgage of land to take effect as security only
9. Priority
10. Tacking
11. Consolidation
12. Variation of a mortgage
13. Suits by mortgagor
Part III – Discharge and release of mortgages
14. Right to discharge
15. Release of mortgage
16. Deposit of mortgage money where mortgagee cannot be found
17. Transfer of mortgage
Part IV – Covenants, conditions and powers implied in mortgages
18. Implied covenants by the mortgagor
Part V – Powers of the mortgagee
19. Notice on default
20. Remedies of the mortgagee
Where the mortgagor is in default and does not comply with the notice served on him or her under section 19, the mortgagee may—21. Mortgagee’s action for money secured by mortgage
22. Appointment, powers, remuneration and duties of receivers
23. Mortgagee’s power of leasing
24. Power of mortgagee to take possession of mortgaged land
25. Withdrawal of mortgagee from possession
26. Mortgagee’s power of sale
27. Duty of mortgagee exercising power of sale
28. Powers incidental to the power of sale
29. Protection of purchaser
30. Sale by mortgagee to himself or herself
31. Application of proceeds of sale of mortgaged land
32. Right of mortgagor to discharge mortgage on payment of sums due any time before sale
Part VI – Powers of the court with respect to mortgages
33. Application for relief by mortgagor
34. Power of court to review certain mortgages
Where a mortgage has been obtained—35. Application to court to exercise powers under section 34
36. Exercise of powers under section 34 to review certain mortgages
37. Extinction of certain rights
38. Registrar may issue special certificate of title to mortgagor
Part VII – Miscellaneous
39. Offences and penalties
40. Short form of covenant by mortgagor to insure
41. Regulations
42. Minister’s power to amend First Schedule
The Minister may with the approval of Cabinet by statutory instrument amend the First Schedule to this Act.43. Saving of common law and equity
The rules of common law and the doctrines of equity applicable to mortgages shall continue in force, in accordance with the provisions of the Judicature Act, except insofar as they are inconsistent with this Act.44. Repeals, savings and transitional provisions
History of this document
02 September 2011
Commenced by
Mortgage Act (Commencement) Instrument, 2011
30 October 2009 this version
29 September 2009
Assented to
Cited documents 0
Documents citing this one 48
Judgment 43
Gazette 5
Subsidiary legislation
Title
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Mortgage Regulations, 2012 | Statutory Instrument 2 of 2012 |