Mortgages Act, 1972 N.R.C.D. 96
Section 10:
(1) Unless a contrary intention appears expressly or by necessary implication,
(a) as against the mortgagor the prior mortgagee is entitled to possession of the mortgagor’s title documents which relate exclusively to the mortgaged property;
(b) where during the life of the mortgage the mortgagor becomes entitled to possess a title document relating exclusively to the mortgaged property the mortgagor shall deliver that document to the then prior mortgagee.
(2) A mortgagee having possession of a mortgagor’s title documents
(a) shall keep them whole, uncancelled and undefaced and is liable in an action for damages for a wilful or negligent failure to do so, and
(b) shall deliver them on timely performance of the act secured by the mortgage or on redemption to the then prior mortgagee, and if there is no mortgagee then to the mortgagor or person succeeding to title through the mortgagor.
(3) Where the mortgagee has possession of the title documents, the mortgagor at a reasonable time, on the request and at the expense of the mortgagor is entitled in person or through an agent to inspect and make copies or extracts from those documents.
Procedure to Follow
Not Avaiable
Responsible Institution
28th February Road, Finance Drv, Accra
- Email: info@mofep.gov.gh
- Website: www.mofep.gov.gh
- GPS: GA-144-2024
- Telephone: +233 302 747 197
Relevant Forms to Download
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