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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.
If your servicer was unable to resolve your issue over the phone, you may. have additional protections if you write your servicer a letter. Submitting a letter: ï· Include your name, home address, and mortgage account number. o Use the name that is on your mortgage and include your spouse or other co-. borrower if they are on the mortgage. ï· Identify the error. Tell your servicer exactly what error you believe occurred.