Mortgage Law to Better Regulate Real Estate Market
His Highness Sheikh Mohammad
Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of
Dubai, has issued the decree regarding Mortgage Law No 14 for 2008, legalizing the
housing finance sector in a 35-article law includes all procedures concerning a
mortgage and its legal effects on the concerned bodies, as well as execution procedures
on the mortgaged property, and the relations between the mortgage lender and borrower
based on international best practices. The law will help better regulate the emirate's
growing real estate market, partly tainted by project delays and corruption probes.
The law, which
will come into effect 60 days after its publication in the official gazette, stipulates
that mortgage contracts be registered with the Dubai Land Department, specifying
the size of the loan, the repayment period and the value of the property. The law
makes all mortgage deals that are not registered with the Dubai Land Department
null and void, allowing the department to better regulate property and mortgage
transactions.
The law also requires that mortgages taken out on properties in Dubai be sold by
registered financial institutions, and be insured. It also regulates relations between
both parties involved in the mortgage process, and the Dubai Land Department, which
is responsible for implementing the law and ensuring the rights of both parties.
Under the law, mortgage lender shall be a bank, financial institution or a finance
company licensed by the UAE Central Bank to practice the activity of property finance.
The law will definitely boost investor confidence in the real estate market of Dubai
and expand the housing finance sector.
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