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Can a mortgage company legally add you to a mortgage without contactin you?

Boston, MA |

We took out a refinance with Countrywide in 2005 under just my wife's name on advise from loan originator. Now when I check the registry of deeds online we are both listed on the mortgage.

Attorney Answers 3

Posted

Are you listed on the Deed to the property as well? If so, then you are required to sign the Mortgage as well because all title-holders must sign to acknowledge the Lender's interest in the property and be made aware that the Lender has the right to foreclose if payments are not being made.

Your wife is most likely the only name listed on the Note, which makes her solely responsibile for paying back the loan. Obviously, you want to make sure those payments are being made so the Lender does not foreclose. Just because you signed the Mortgage does not necessarily mean that you are on the Note.

Were you present at the closing? You may want to look back at your copy package to see if your name was on the original mortgage, TIL, right to cancel and a few other documents at the closing.

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Posted

Do you mean that you are both listed as borrowers on the mortgage, or just that you both signed the mortgage? If you and your wife are both listed on the deed to the property, even if your wife was the only borrower for the loan, the bank usually would have required you to sign the mortgage to show your consent to the lien on the property. That by itself would not make you a co-borrower on the loan. The bank would not be able to add you to the mortgage without your consent. You should have an attorney review your mortgage, and the other documents from your closing, to confirm what your obligations are under the mortgage.

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Posted

Did you sign it? It is not correct to state that they "added you to" a document which you signed.

If you're a property owner, you generally are required to sign the mortgage. However, this does not necessarily obligate you to make payments on the note.

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

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