At times, when a lender gives a loan secured by a mortgage on real estate, something happens in the loan origination or closing processes (whether through mistake, inadvertence, or even fraud), which results in the mortgage being defective, and therefore not a lien on the real estate. Items such as missing signatories to the mortgage
Mortgage Reformation in Pennsylvania
Prior to 2008, when the Great Recession and its aftereffects brought about a sea of changes in the mortgage lending arena, it was not an uncommon scenario, post-closing on a sale or refinance of real estate, to see a mortgage signed by only one of multiple owners of the real estate. In most of these instances, it was one spouse signing the mortgage and the real estate titled in both spouses’ names, but the spousal scenario was not the only one. Unmarried co-owners and other family members might be on title, but missing from the mortgage encumbering such title.
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Equitable Liens on Real Estate
Suppose you have sold real estate to someone else and take a mortgage back from the buyer to secure payment of the sale price. Suppose, again, that you find out that there’s something wrong regarding that mortgage. Maybe the buyer claims he didn’t sign it. Maybe it describes the real estate incorrectly. Maybe it gets…