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Mortgages Act, 1972 N.R.C.D. 96

Section 13: 
(1) A mortgagee may transfer all or a part of the mortgagee’s interest in the mortgage without the concurrence of the mortgagor, but the transfer is void if it purports to make a disposition of the mortgagee’s interest in the mortgaged property without making the same disposition of the right to performance of the act secured by the mortgage.

(2) Unless a contrary intention appears expressly or by necessary implication, a transfer of a mortgage by a mortgagee operates to transfer the entire interest of the mortgagee to the transferee, including,

(a) the right to demand, sue for, recover and give receipts for performance of the act secured by the mortgage, and the performance then due or later becoming due, and

 
(b) the benefit of the securities for performance and the collateral securities and the benefit of and right to sue on the covenants with the mortgagee and the right to exercise the powers of the mortgagee.

(3) In this section, a transfer includes a sale, lease encumbrance or any other disposition.




Subject : Mortgages  

Procedure to Follow


Not Avaiable

Responsible Institution


Ministry of Finance

28th February Road, Finance Drv, Accra

Relevant Forms to Download

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Online System

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