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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.
An affidavit is a sworn statement of facts that has been written down and sworn to by the affiant before individuals who are authorized to administer oaths.A statutory declaration is similar to an affidavit except that a statutory declaration is usually used outside of court settings.For example, proof of death to be used for land transfer when one of the grantor dies.n affidavit is a sworn statement of facts that has been written down and sworn to by the affiant before individuals who are authorized to administer oaths.