Legal Origins and Mortgage Finance Contradictions


Using the institutional autopsy approach developed by Milhaupt and Pistor (2008), this study is not a cross-country study but a historical examination of Ghana's mortgage finance regulatory framework. The institutional autopsy framework considers the iterative process of change in a system and allows for context-specific system analysis.

Findings – The authors note that for a long period of about 68 years (1940-2008), some of the legal rules regulating mortgage finance were not typical of the hypothesised characteristics of the English common law tradition. These rules, including, interest rate controls, excessive entry barriers, loan default guarantee discriminations and complex foreclosure procedures, tended to inadequately protect creditors. In the context of the history of military rule and law-making, judicial discretion that could have promoted legal efficiency and strengthened contract enforcement was also limited. During this period, the legal system demonstrated a concentrated and coordinative character. New legislation in the form of the Home Mortgage Finance Act 2008 (Act 770) attempts to resolve some of these bottlenecks and improve creditor rights protection.

Presented By:Kenneth Ghartey

Legal Origins and Mortgage Finance Contradictions – Kenneth Ghartey, 2016. [Jointly written with Kenneth Donkor-Hyiaman and now published in International Journal of Housing Markets and Analysis, Vol. 10, No. 1, January 2017 [IJHMA, 10,1, p.156]]

Kenneth is a Lecturer in the Law Department of Lancaster University Ghana. Kenneth also doubles as the Law Programme Coordinator


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