Best Mortgage Lawyers in Kenya

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Bond Advocates LLP

Bond Advocates LLP

Nairobi, Kenya

Free Consultation: 15 mins


Founded in 2022
15 people in their team
Bond Advocates LLP is a top law firm located at Top Plaza, Kilimani, Nairobi, Kenya. Our founding partners boast a combined 50+ years of experience...
English
Swahili
Adroit Law LLP

Adroit Law LLP

Nakuru, Kenya

Free Consultation: 15 mins


Founded in 2021
7 people in their team
Empowering Solutions: A Premier Female-Owned Boutique Law FirmWelcome to our distinguished female-owned boutique law firm, where excellence in...
English
OLM Law Advocates LLP

OLM Law Advocates LLP

Nairobi, Kenya

Free Consultation: 15 mins


Founded in 2021
10 people in their team
OLM Law Advocates LLP stands as a renowned full-service law firm firmly established in Nairobi, Kenya. We have carved a niche in the legal sector,...
English
Mwale Law Advocates LLP

Mwale Law Advocates LLP

Nairobi, Kenya

Founded in 2013
7 people in their team
About UsMwale & Co. Advocates is a hallmark of legal distinction in Kenya. With a rich heritage in offering specialized services in numerous...
English
French
Swahili
Kikuyu
JMK PARTNERS ADVOCATES LLP

JMK PARTNERS ADVOCATES LLP

Nairobi, Kenya

Founded in 2018
15 people in their team
JMK Partners Advocates LLP  is a...
English
View profile
Maina & Onsare Partners Advocates LLP

Maina & Onsare Partners Advocates LLP

Nairobi, Kenya

Founded in 2014
18 people in their team
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...
Swahili
English
View profile
Lawmark Partners LLP

Lawmark Partners LLP

Nairobi, Kenya

Founded in 2016
10 people in their team
Lawmark Partners LLP is a law firm in Kenya established in 2016. The firm prides itself in being a leader in the provision of innovative legal...
English
MMS ADVOCATES

MMS ADVOCATES

Nairobi, Kenya

Founded in 2014
10 people in their team
About UsWe are a creative, competitive law firm, focusing on delivering reliable legal advisory and representation services to our clients,...
Swahili
English
A B Patel & Patel Advocates

A B Patel & Patel Advocates

Mombasa, Kenya

Founded in 1952
50 people in their team
A.B. Patel & Patel’s wealth of experience and tradition of excellence dates back to 1922 when the late Mr. Ambalal Patel, a Barrister from...
English
Andrew & Steve Advocates

Andrew & Steve Advocates

Nairobi, Kenya

Founded in 2017
50 people in their team
ANDREW & STEVE ADVOCATES (A & S) is a dynamic law firm based in Nairobi, Kenya providing a full range of legal services with leading...
Swahili
English

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.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.