Best Mortgage Lawyers in Kenya

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Mwale Law Advocates LLP

Mwale Law Advocates LLP

Nairobi, Kenya

Founded in 2013
7 people in their team
English
French
Swahili
Kikuyu
About UsMwale & Co. Advocates is a hallmark of legal distinction in Kenya. With a rich heritage in offering specialized services in numerous legal realms including Corporate and Commercial Law, Banking Law, Capital Markets Law, Intellectual Property Law, Telecommunications Law, Internet and...
Adroit Law LLP

Adroit Law LLP

15 minutes Free Consultation
Nakuru, Kenya

Founded in 2021
7 people in their team
English
Business Law & Regulatory Compliance Experts in Kenya | Adroit Law LLPYour Strategic Legal Partner for Business Growth in Kenya and East AfricaAdroit Law LLP is a Nairobi and Mombasa-based boutique law firm trusted by corporate pioneers, fast-growing enterprises, and high-net-worth individuals...

Legal guides written by Adroit Law LLP:

  • Kenya Launches Digital Nomad Visa: A Gateway for Remote Workers
  • Navigating the Payment System License Maze in Kenya
  • The Law of Succession in Kenya: Testate and Intestate Succession
JMK PARTNERS ADVOCATES LLP

JMK PARTNERS ADVOCATES LLP

Nairobi, Kenya

Founded in 2018
15 people in their team
English
JMK Partners Advocates LLP - Your Trusted Legal PartnerAbout Us JMK Partners Advocates LLP is a well-established, new-generation, medium-sized law firm founded in 2018. Our mission is to provide creative legal solutions in real-time. Since our inception, we have grown to become a leading...
OLM Law Advocates LLP

OLM Law Advocates LLP

15 minutes Free Consultation
Nairobi, Kenya

Founded in 2021
10 people in their team
English
Who We Are:OLM Law Advocates LLP is a leading full-service law firm in Kenya, recognized for delivering exceptional legal services tailored to diverse clients. Our clientele includes individuals, dynamic corporations, esteemed financial institutions, governmental, and non-governmental...
Maina & Onsare Partners Advocates LLP

Maina & Onsare Partners Advocates LLP

Nairobi, Kenya

Founded in 2014
18 people in their team
Swahili
English
We are a full- size law firm that was set up in the year 2014. Our competence and professional legal services have been tested and proven since then by our ever expanding client base that ranges from individuals to the high demands of the corporate world and County Governments.Our prowess and...
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F.M. Muteti & Co. Advocates

F.M. Muteti & Co. Advocates

Nairobi, Kenya

Founded in 2013
25 people in their team
English
Swahili
About UsF.M. Muteti & Co. Advocates stands at the forefront as a comprehensive corporate and litigation law firm in Kenya, catering to a broad range of legal needs. Our expertise spans multiple domains including Litigation, Corporate and Commercial Law, Real Estate, Probate and Succession,...
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Shani and Company Advocates LLP

Shani and Company Advocates LLP

Nairobi, Kenya

Founded in 2021
5 people in their team
English
Shani & Company Advocates LLP – Excellence in Legal SolutionsAbout UsShani & Company Advocates LLP is a premier full-service law firm based in Nairobi, Kenya, dedicated to delivering comprehensive, strategic, and results-driven legal solutions. We are committed to empowering our clients...
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Ngara, Karani & Co. Advocates

Ngara, Karani & Co. Advocates

Karen, Kenya

Founded in 2014
12 people in their team
English
Swahili
We are a medium sized legal practice within the Republic of Kenya specializing in Environment, Land and Commercial transactions. We pride ourselves in delivering professional legal services to our clients with a personal touch. At the core of our three pillars of practice is passion for...
Kilonzo & Co.Advocates

Kilonzo & Co.Advocates

Nairobi, Kenya

Founded in 1975
50 people in their team
Swahili
English
Who we are.Kilonzo & Company Advocates was established in 1975 by Hon. Mutula Kilonzo EBS, Senior Counsel. The firm has a proven track record in Civil, Commercial, Financial, Information, Communication and Technology Law, policy formulation, Legislative, Drafting and Conveyancing.The Firm has a...
Mutheu Muthiani & Co. Advocates

Mutheu Muthiani & Co. Advocates

Nairobi, Kenya

Founded in 2000
50 people in their team
Swahili
English
Mutheu Muthiani & Co.Who We AreMutheu Muthiani & Co. Advocates is a modern, innovative,progressive and a dynamic law firm based in Nairobi, offering a wide range of legal services. Our law firm specializes in offering legal services and meeting our client’s needs with unmatched client...
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About Mortgage Law in Kenya

Mortgage law in Kenya governs the legal framework surrounding the borrowing and lending of funds for the purchase of real estate property. A mortgage is a legal agreement between a borrower and a lender that allows the borrower to obtain funds to purchase a property with the property itself serving as collateral for the loan.

Why You May Need a Lawyer

There are several situations where you may require legal help with a mortgage in Kenya, such as negotiating terms with a lender, resolving disputes, drafting or reviewing legal documents, or dealing with foreclosure proceedings. A lawyer can provide expert advice and guidance to protect your legal rights and interests throughout the mortgage process.

Local Laws Overview

In Kenya, the legal framework for mortgages is primarily governed by the Land Act, the Transfer of Property Act, the National Land Commission Act, and the Land Registration Act. These laws regulate the creation, registration, and enforcement of mortgages, as well as the rights and obligations of both borrowers and lenders.

Frequently Asked Questions

Q: What is the process of obtaining a mortgage in Kenya?

A: The process involves applying for a loan from a lender, providing the necessary documentation, having the property valued, and signing a mortgage agreement.

Q: What are the rights and obligations of borrowers and lenders in a mortgage agreement?

A: Borrowers have the right to use the property as long as they make timely payments, while lenders have the right to foreclose if the borrower defaults.

Q: What happens if I default on my mortgage payments?

A: The lender may initiate foreclosure proceedings to repossess the property and recover the outstanding debt.

Q: Can I negotiate the terms of my mortgage agreement with the lender?

A: Yes, it is possible to negotiate the interest rate, repayment schedule, and other terms with the lender before signing the agreement.

Q: How long does the mortgage registration process take in Kenya?

A: The registration process typically takes a few weeks to complete, depending on the efficiency of the relevant government authorities.

Q: What are the fees associated with registering a mortgage in Kenya?

A: The fees include stamp duty, legal fees, valuation fees, and registration fees, which can vary depending on the value of the property and the lender's requirements.

Q: What are the potential risks of taking out a mortgage in Kenya?

A: Risks include defaulting on payments, losing the property through foreclosure, and incurring additional costs such as legal fees and penalties.

Q: Can I transfer my mortgage to another person?

A: Yes, it is possible to transfer a mortgage to another person, subject to the lender's approval and the necessary legal procedures.

Q: What are the legal remedies available to borrowers in case of unfair lending practices?

A: Borrowers can seek legal remedies such as filing a complaint with the relevant regulatory authorities or taking legal action against the lender for unfair practices.

Q: How can a lawyer help me with my mortgage in Kenya?

A: A lawyer can provide legal advice, negotiate with the lender on your behalf, review legal documents, represent you in court, and help protect your legal rights and interests throughout the mortgage process.

Additional Resources

For additional resources and information on mortgages in Kenya, you can consult the Law Society of Kenya, the Kenya Bankers Association, the Central Bank of Kenya, and the Ministry of Lands and Physical Planning.

Next Steps

If you require legal assistance with a mortgage in Kenya, it is advisable to seek the services of a qualified and experienced lawyer who specializes in real estate law. They can provide personalized advice and guidance tailored to your specific needs and circumstances. Remember to carefully review all legal documents before signing any agreement and to stay informed about your rights and obligations as a borrower or lender in a mortgage transaction.

Lawzana helps you find the best lawyers and law firms in Kenya through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Mortgage, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Kenya—quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.