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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.
It's most often used when your spouse or family member dies without a will and leaves only real property. However, the Affidavit can be used when there is a Will. You and the other heirs must agree to the disbursement of the deceased's property.The document can also be used to gain ownership of funds in bank accounts and other personal property. Laws on when an Affidavit for Heirship may be used differ from state to state.t's most often used when your spouse or family member dies without a will and leaves only real property. However, the Affidavit can be used when there is a Will. You and the other heirs must agree to the disbursement of the deceased's property.