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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.
Your mortgage documents are set up to protect the mortgage company if you take your insurance rebuild money and disappear. In other words, your property and the house are the collateral for the loan; so if you cashed the insurance checks but did not rebuild, then the mortgage company would have a problem.The loan and insurance documents set up a system to prevent you from doing that.our mortgage documents are set up to protect the mortgage company if you take your insurance rebuild money and disappear. In other words, your property and the house are the collateral for the loan; so if you cashed the insurance checks but did not rebuild, then the mortgage company would have a problem.