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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.
Others, like Massachusetts, require the signatures of both you and your attorney. Your attorneyâs signature indicates that he has âno knowledgeâ that anything contained in your statement is not true. If you donât have an attorney, the form includes a clause where you must state that youâre signing it under oath.n any situation where serious legal fallout might occur if youâre not who you say you are, courts usually require notarization of your signature. In divorce proceedings, some documents require notarization and others do not.