George Gaston of the firm’s Mobile office resolved a client mortgage lender’s title defect without the necessity of filing potentially drawn-out and costly litigation. The matter concerned a defect with the client’s mortgage. At the time the mortgage was recorded, the page which contained the legal description of the property was omitted. Under Alabama law, even though the client’s borrower defaulted in making mortgage payments, this omission potentially meant that the client’s mortgage did not effectively encumber the property.
In less than two months, our Alabama office was able to secure from the borrower a curative instrument which recorded the mortgage to include the necessary legal description. Thus, we were able to avoid the necessity of filing a potentially costly and time consuming title curative lawsuit.