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AN EXAMINATION OF THE CONTENT AND RELEVANCE OF THE LAW OF MORTGAGE

ABSTRACT

This research piece encapsulates a virtually comprehensive overview of the law of mortgages as it applies in the Nigerian corpus juris. It traces the evolutionary course of the diverse components of the instrument of mortgages through the received English law and its reception into various parts of Nigeria. Thereafter there are explanations on the creation of mortgages with regard to the various customary law practices in the pre-Land Use Act era.
In addition, the creation of mortgage through the statutory right of occupancy is considered in the light of the effects of the Land Use Act, as well as the formalities arising out of the exercise and registration of mortgages. The rights and liabilities of parties to the mortgage instrument were also deliberated on, taking into account the role of the doctrine of equitable redemption in mitigating the strict rigidity of common law and statute.
A number of intricate themes arising in the law of mortgages are tackled, inter alia, power of sale, foreclosure action, foreclosure order, surrender of leases, insurance of the mortgaged property, possession of the title deeds, and consolidation.
Finally, the various remedies available to aggrieved parties in the mortgage contract, with recommendations where necessary, formed the conclusive chapter of the research.

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I'm currently carrying out research on secured credit,among other subjects.
Any final year law student thinking of a project in that line?

I hope we are working on our mortgages.
Good evening law students.

Hi.

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