This is a situation that popped up on an internet forum, and it is
therefore rather vague.
A woman (state unknown) says when she and her husband recently
refinanced their mortgage, her husband "inadvertently" left her name
off the papers, so the mortgage is in his name only. It's been so long
since I refinanced that I don't remember the particulars. Thus the
Must the names on the deed be the same as the names on the mortgage?
Has he effectively removed her name from the deed by removing her from
the mortgage? It's not really that easy, is it? Wouldn't she have to
sign something agreeing to remove herself from the deed? (Of course,
I'm sure she signed whatever was placed in front of her, so it's
possible that she did, in fact, sign away her ownership if that's what
Or could this mean she is still a co-owner, but he is the only one
responsible for the actual mortgage?
Is this something that could happen accidentally? I assume the
financial institution is not under any *obligation* to point out that
the names on the original mortgage are not on the new one, and confirm
that this is indeed what the customer intended. But is it customary
that they would do so anyway?
Thanks for any input.