Absolutely not. You cannot offer clear title to real property when one of the record owners is not a party to the sale. Whose name is on the loan has nothing to do with the matter, because all the loan consists of is (a) a note requiring you to repay what you borrowed, and (b) a mortgage that gives the lender a security interest in the property if the loan is not repaid.
Much depends on the circumstances of your case, but if you are trying to get out from under the house and your wife is no longer living there, it may be possible to get the court to require her cooperation with a sale. Without knowing much more about the situation and about your reason for desiring the sale than this forum permits, there is no "off the cuff" response that will offer you meaningful feedback about how achievable your goal is, or whether other possible solutions exist that might better address your concerns.
It's worth the time and expense to educate yourself about the law, about where you might be vulnerable, and about your options. Good, informed choices made early can make all the difference in the world.
Attorney Michael B. Greenstein
This response is offered for informational purposes only, does not create a lawyer/client relationship, and should not be taken as legal advice.
No, most importantly because she is on the deed. Even if she weren't it my be subject to court approval under the powers of the court to equitably distribute property. You may wish to discuss the fact that she is not on the mortgage with a divorce attorney. Ideally one who also has foreclosure experience to see if any portion of the property is not subject to the mortgage (ie your wife's interest)
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit of a personal consultation to explore all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon.
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