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Defective mortgages are the source of numerous title claims. A mortgage may. be legally ineffective for a variety of reasons. The propertyâs legal description may be. missing or incorrect. Maybe the mortgage lacks an affidavit required by state law. Perhaps only one spouse has signed the mortgage even though they are joint owners. Whatever the reason, a defective mortgage can cause big headaches for title. insurers, lenders and their counsel.
the judgment debtorâs full name and address must be included on the writ. see 28 Â§1961 for allowable interest. Within three days after the receipt of the affidavit and the writ, the clerk will sign the original writ and emboss it with the clerkâs seal; the other two copies of the writ will be name stamped.