Requirement for mortgage Section 4—Mortgage to be evidenced in writing (1) A mortgage is not enforceable unless it is evidenced in writing and provides for the (a) name and address of the mortgagor and mortgagee; (b) full description of the mortgaged property; (c) names of persons whose consent is required; if any(d) date of creation of the mortgage; (e) root of title of the mortgagor; (f) nature of the mortgagor's interest in the mortgaged property; (g) extent to which the mortgagor's interest is subject to the mortgage(h) nature of the charge created, in case of a floating charge, the nature of the restriction on the power of the mortgagor to grant further charges that rank in priority or at the same level with the charge created; (i) amount of the loan; (j) acknowledgement of receipt of the loan by the mortgagor; (k) right to redeem; (1) insurance policy related to the property; (m) interest on the principal amount; (n) due date for payment; (o) terms and conditions for renewal;(p) covenants and conditions; (q) events of default; (r) signatures of the mortgagor and mortgagee; and (s) signatures of witnesses .(2) Despite subsection (1), a mortgage agreement is enforceable with regard to form and expression if it is in the form contained in the First Schedule or in similar form or uses expressions of a similar effect. 

Procedures to Follow

Not Avaiable

Responsible Institution

Securities and Exchange Commission

No. 30, 3rd Circular Road, Cantonments, Accra.

Relevant Forms to Download

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Fees / Charges

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