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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.
An affidavit is a document made under oath that can be used as evidence in court of the facts of the statements it contains. The person to make an affidavit is called the affiant.The affiant must sign a sworn affidavit form in front of a notary, under penalty of perjury, in order to affirm the statements made are based on personal knowledge or upon information and belief. sworn affidavit is one that's made under oath in front of a notary. The statements are made by the person called the affiant. The statements made are sworn to be true according to personal knowledge or upon information and belief of the affiant.