Knowing how to mortgage your home is essential for anyone wishing to obtain credit. Indeed, unlike other countries, Senegalese banks cannot protect themselves against the risk of debtor insolvency by taking out insurance. Thus, although the fees and taxes associated with this scenario are high, the mortgage remains a possible option and considered.
Table des matières
Mortgage your house or any other property in Senegal
Legally, mortgage issues fall under state matters & cadastres. In real estate law, “the mortgage is a real right granted to a creditor on the property of a debtor to guarantee the performance of an obligation (loan, claim, etc.) with banks and financial institutions, without the owner being dispossessed of the encumbered assets. ”
It can be forced, that is to say carried out on the basis of a court decision, without the consent of the debtor, or conventional. In the second case, it results from an agreement between the parties concerned. In Senegal, the real estate that is likely to be the subject of a mortgage are :
Land
This is the built or undeveloped land that is on the market. Their reputed immovable accessories can also be part of the mortgage.
The usufruct
Usufruct corresponds to the right of a person to use property (notably real estate) or to receive income from it. In the context of a mortgage, it is for example, the right to use the ground to raise buildings there. Mortgageing a house (or any other property) on the basis of the usufruct is possible during the term of the latter.
The emphyteutic lease
The emphyteusis or emphyteutic lease is a long-term contract, 18 to 99 years, by which an owner grants the enjoyment of a building for an annual fee, the lessee having a mortgage right and the charge of carrying out the work. intended to improve the fund. Mortgage is possible during the time of the lease term.
The right of surface
It is a kind of lease reserved for land located in an area with an urban plan and intended either for the construction by the beneficiary of an industrial dwelling, or for the construction of individual dwellings or buildings. collective for residential use by any person dedicated, with the approval of the State, to the development of housing.
The procedure to follow to initiate a mortgage
When an individual wishes to mortgage their house, it is called a conventional mortgage. It can be initiated by the person concerned or by his representative. It is a notarial deed and registered with the Territorial Office for the Conservation of Property and Land Rights.
A mortgage registration application must be made there. This is a document to which must be attached the shipment of the notarial act and, in quite rare cases, the agreement between the parties who are natural persons. A letter of authorization to assign a mortgage is issued free of charge after a period of fifteen days. In the event of theft or loss, the file must be reconstructed.
In the context of a forced or legal mortgage, the documents to be provided are:
Copy of the lease or surface right;
State of real rights;
Last receipt for payment of the fee;
Order of the Tribunal;
Letter from the dismemberment of the State (eg Treasury) asking the Registrar to register a mortgage on the property of a debtor.
