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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.
Brette's Answer: You can't get your name off the mortgage. The deed is completely separate. The only thing you could do is get your divorce decree modified to include and discuss this asset. With that, your spouse could become financially responsible for the mortgage and required to indemnify you for costs.