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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 affidavit will take effect as if the maturity date was stated in the original mortgage when recorded, and will constitute prima facie evidence of the maturity date stated therein. The mortgage will then automatically expire on the tenth (10th) anniversary of the maturity date stated in the recorded affidavit. The Indiana law makes it clear that the automatic expiration date is determined with reference to the maturity date (or, as applicable, the execution date or recording date) that is stated in the public record.