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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.
2.Usually always notarized. 1.requires the borrower and seller to certify that the financial terms, liens,and occupancy conditions set forth in the document are true. 2.The affidavit is used to induce the lender to make or purchase the first mortgage and the mortgage insurer, if any, to insure the loan.nstructions to Escrow. 1. The Instructions to Escrow is a summary of the terms and conditions of the loan used by the lender and closing agent. 2. The instructions to escrow also referred to as the closing instructions, list the more important documents that are contained in the loan package.