The mortgage on our house was taken in just my wifes name, but somehow the mortgage company added my name to the recorded document along with my wife's. Is this legal?
Answer
Unless you signed the Mortgage or a court ordered reformation of the Mortgage, then the Mortgage as to your interest is probably not enforceable. It is however possible you are confusing the Note with the Mortgage. The Note may be in your wife's name only and the mortgage was probably in both names and you should have signed your name to the Mortgage. If you did not, then there is an issue as to the enforceability of the Mortgage.
Answer
I'm not sure what you mean by "added". Did you sign your name to the document? Not all property owners need to be signatories to the Note (evidencing the loan), but all property owners must be signatories to the mortgage documents. The grant of a mortgage entitles the bank to take the real estate as collateral for the loan, and to foreclose. Unless all property owners join in this grant of a mortgage, there may be a problem with the mortgage.
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