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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.
If the home is not financed the owner may read the law and prepare the form following. the law as to what must be included in the affidavit. The owner may also choose to. obtain legal assistance when preparing the affidavit, keeping in mind there may be a fee. associated with that assistance.