Mortgage due diligence in Uganda: borrower and lender checklist
In brief
Mortgages over a matrimonial home need the spouse's genuine consent, and the power of sale is hedged with notice and valuation safeguards. This checklist covers both sides of a mortgage transaction.
Who it's for & when to use it
Who it's for: Borrowers, lenders, guarantors and their advocates.
When to use it: Before granting or taking a mortgage, and when default looms.
When not to use it: For unsecured lending — see the loan agreement and guarantee templates instead.
The checklist
1. At creation — borrower and lender
- Obtain the spouse's informed and genuine consent to a mortgage of a matrimonial home (Mortgage Act ss.4–5).
- Verify the title by an official search and confirm the borrower is the registered proprietor.
- Value the property — a valuation (market and forced-sale value) within six months is needed before any sale (Mortgage Regs reg. 11).
- Read the loan and mortgage terms together: rate, repayment, default and the lender's remedies.
2. Register the mortgage
- Execute and register the mortgage; it takes effect as a registered charge subject to the title.
- Keep the spousal consent and the valuation on the security file.
3. On default
- Serve a written default notice requiring rectification within 45 working days, allowing not less than 21 days (Mortgage Act s.18(2)–(3)); default warranting notice arises 30 days after payment falls due (s.18(4)).
- Note the remedies on continued default: sue, appoint a receiver, lease, take possession, or sell (ss.19, 20(2)).
4. Before sale
- Serve a notice to sell and do not complete the sale for 21 working days; copy any spouse (Mortgage Act s.25).
- Obtain a current valuation (not more than six months old) before fixing the reserve price (Mortgage Regs reg. 11).
5. At sale
- Take all reasonable steps to obtain the best price (s.26(1)); sell by public auction unless the mortgagor agrees a private treaty (s.27).
- Remember the mortgagor may stop the sale by paying all sums due before an agreement for sale is reached (s.31).
6. After sale
- Apply the proceeds in the statutory order and account to the mortgagor for any surplus.
- Keep full records of the notices, valuation and sale to answer any challenge.
Key authorities
- Mortgage Act, Cap. 239 (2023 Revision) — ss.4–5, 18, 19, 20(2), 25, 26, 27, 29, 31.
- Mortgage Regulations, 2012 — regs. 11, 13.
Checklist · Land & property.
Actively maintained.
Last reviewed 9 June 2026; next review due 9 December 2026.
This resource is a practitioner orientation and general information, not legal advice, and does not create an advocate–client relationship. It is AI-generated. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule, form, fee and authority against the current primary source — and the specific facts of your matter — before relying on it.