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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 mortgage company may provide you with a portion of the funds to start the repairs and release the remainder in phases until construction is complete. If your claim check is for a smaller amount, do not sign it until after your mortgage company does.The check will be returned to you to endorse and cash.eason. When you have hazard insurance on your property, the name of your mortgage company is listed on the policy because the lender has a large investment in your house. If a loss occurs, the financial institution has a right to know about the claim, collect the money and make sure it's used to repair the damage.