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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.
A mortgage or deed of trust ensures that you'll follow through with your promise to repay a home loan. If you don't, the lender can enforce the lien created by mortgage or trust deed documents. Signing a mortgage or deed of trust gives your lender a security interest.