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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.
1 Answer from Attorneys. 0 users found helpful. 0 attorneys agreed. Re: Re-recording Mortgage or Deed of Trust. In all those situations you should file a corrected deed, or you can accept the risk that it could cause bigger headaches down the road. Feel free to call if you would like assistance in the matter.