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You have an interesting situation. If you didn't sign the mortgage then the lender is in trouble. An unsigned mortgage is not enforceable. In many jurisdictions it is the mortgage that is recorded in the land records to provide notice of the mortgage lien. (Note that you may have also signed a separate note, however.)

If you received the proceeds the bank can sue you in court and the court may issue a judgment that reforms the mortgage to give it the same effect as if you signed it. The lender cannot foreclose in the case of a default unless the mortgage is reformed by a court decree. The courts don't like to see unjust enrichment but don't always correct mistakes. You should discuss the situation with an attorney who practices real estate law in your area.

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Q: You did not sign your mortgage loan agreement but BS still released funds At what point is a mortgage deemed legally binding?
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