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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.
Yes, if the property owner can prove that the use. legally predates the current provisions of the. Zoning Code and that it has been in continuous use. since its establishment. A request for such a letter. should be made in writing, and should include (1) your name and address, (2) the Assessorâs Parcel. Number (APN) of the property, (3) the use which. is allegedly legal nonconforming, and (4) proof of. its legal nonconforming status. Proof of legal. nonconforming status could include such docu-. ments as Planning permits, building permits, leases, a building footprint shown on the Sanborn.