We refinanced with my mother we are not on the mortgage but we pay the mortgage she does not live here so we want to add our names to the deed she is very old now and we want to protect our interest!

The mortgage company may or may not allow this - she would have to redeed the house to you and your wife. You do realize that if she dies unless this situation is covered by a Will the house is part of her estate - right?

The mortgage company may or may not allow this ...

Check the wording of the mortgage to see if the mortgage company's approval is required. It probably is.

You need to see an attorney to figure this out.

What do you mean you refiananced with your mother? They allowed a re-fi without requiring you to be on the title? That is odd. And it illustrates why you should have done this with the help of an attorney.

I strongly suggest that mom immediately makes a will bequeathing the property to you. That may be the best way to protect your interest.

As noted, your mortgage probably has a clause that make is due on sale. This means that if the property transfers ownership the balance of the mortgage is immediately due and payable.

In addition, the property can't be legally transferred unless the mortgage lien is satisfied.

Why did you not add your names to loan and on the deed when your mom did the refi?

But you may need to do a new refi in both names, and add yourself to the deed. I doubt the loan company will allow you to add names to deed without it.