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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.
We understand that Title Company is relying on the truthfulness of the. statements made in this affidavit to provide the area and boundary coverage and. upon the evidence of the existing real property survey of the Property. This. Affidavit is not made for the benefit of any other parties and this Affidavit does not.