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Do I have to pay back my mortgage?

Raleigh, NC |

Invalid mortgage; do I have to pay?

Recall that in traffic citations, one may challenge the validity of the ticket if the issuing officer identified some details (weather, license plate) wrong. Similarly, may I challenge the validity of this mortgage if the closing paperworks identified some of my details incorrectly? Anyone thinking I may have a case, please comment, and I'll reach out to you.

Attorney Answers 2

  1. You certainly do have to pay your mortgage and you should let the lender and the closing attorney know of the mistake. You most likely signed a statement that said you would agree to cooperate with facilitating any necessary changes such as typos, name spelled wrong etc. Thus you should let them know and work with them to correct it if it is necessary to correct.

    This answer is in no way meant to give you legal advice or create and attorney/client relationship.

  2. Ms. Gonzalez is correct, this is not a mistake that gets you out of your mortgage. Your former address is pretty immaterial to the transaction. But if this was a mistake that was important, I can almost guarantee that your mortgage has a clause in the note that requires you to cooperate to correct a mistake. So if you sued, the remedy would be for the Court to require you to sign new documents correcting the your former address does not invalidate a mortgage so the Court would not even have to order that.

    Also, traffic tickets are not thrown out on a wholesale basis for mistakes made on them...the chances of getting a ticket thrown out because a fact is listed incorrectly is very limited.

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