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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 you've been wondering what mortgages are used for, they are generally the means by which a loan creates a lien on real property. Many use the term mortgage to refer to both the loan note and mortgage. The mortgage note may be a separate loan document from the mortgage document itself. Mortgage forms can also contain the note and mortgage in the same form. The mortgage form does not create the loan, it creates the security interest in real property in case the loan isn't repaid. The mortgage agrees to use the property title as security for the loan.