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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.
It does matter. First of all, the title or deed and the mortgage must match or the mortgage is not valid. Anyone who is on title or on the deed must consent to the fact that a mortgage is being placed as a lien against the property, as the property is being pledged as security to guaranty the repayment of the loan. So, if the lawyer is teling you that your name is not on the deed then it is not on the mortgage either.