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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.
In signing as a witness, you must not notarize your own signature. You must act as two separate individuals-a notary and a witness, with no connection between them. For example, on an affidavit, the signature of the affiant (the person swearing to the contents of the affidavit) is the signature you are notarizing. You may sign as a witness but that is not part of the affidavit itself.