Are there any mortgages that are legally void?

General Overview: Upwards of 70 million mortgage-loan-contracts are legally faulty. It has now been determined that many of the entities attempting to foreclose on homes do not hold legal title to do so.

What makes a mortgage deed void in the High Court?

a. Any deed which is signed by the mortgagor in a different physical location from that of the signature’s purported witness is void under section 1 (3) of the 1989 Act, since taking such a course of action renders the execution invalid, on the basis that the signature and its witnessing must necessarily occur at the same time and place.

How can I nullify an existing mortgage loan?

Mortgage Nullification. One way of backing out of an existing mortgage loan is to have it declared null, or legally void. A common reason used to claim that a mortgage is null is through a claim of fraudulent inducement of a loan.

What can cause a mortgage to be declared null?

A common reason used to claim that a mortgage is null is through a claim of fraudulent inducement of a loan. For example, a homebuyer who believes she was pressured into agreeing to a mortgage could ask a court to declare her mortgage null.

General Overview: Upwards of 70 million mortgage-loan-contracts are legally faulty. It has now been determined that many of the entities attempting to foreclose on homes do not hold legal title to do so.

a. Any deed which is signed by the mortgagor in a different physical location from that of the signature’s purported witness is void under section 1 (3) of the 1989 Act, since taking such a course of action renders the execution invalid, on the basis that the signature and its witnessing must necessarily occur at the same time and place.

When is an assignment of a mortgage is invalid, does it?

In that case the debt doesn’t exist but the liability to pay under the terms of the note can be enforced anyway. In foreclosure litigation based upon paper where there are claims or evidence of securitization, there are virtually all cases in which the “holder” of the note seeks enforcement, it does NOT allege the status of holder in due course.

Mortgage Nullification. One way of backing out of an existing mortgage loan is to have it declared null, or legally void. A common reason used to claim that a mortgage is null is through a claim of fraudulent inducement of a loan.