Can a lender add a persons name to a mortgage without that person signing. That persons name is not on the loan application or the note

Not usually. Unless they have proof that person agreed to be responsible for the loan they can't make them responsible. So I suspect there is more to this story. Try giving is the full details if you want an accurate response.

What do you mean by "add" ?
But unless the person signs, they could not be held liable for the loan, except for certain areas where marriage would automatically make them joint owners and debtors.

My wife filled out a loan ap 4-07 for 345k. 5-21-07 mortgage doc generated. 5-23-07 quick claim deed from my parents to my wife and I. 5-31-07 closing date. We showed up the laywers had me initial all the papers being I was an owner of the property still only my wife's name on the doc- note, mortgage, settlelment owners affidavit etc. then they had me sign the last page of the mortgage as witness to the borower. My name was not in the notary clause. 6-5-07 the papers were recorded in the clerks office. When they were recorded my name was added to the notary. 10-5-07 corrective mortgage was recorded hand written adding my name to the front page of the motgage and inserted in the last page as the borrower, with an exsplanation saying that my name was mistakenly left out. We found it in 2011 after paying down to 319k and nobody will own up to making the changes. We do have the check that paid for the re-recording from the clerks office it was the lenders att. Is this enough detail or do you need more? By the way my wife passed away 2-2-16.

Your wife alone qualified for a $345,000 mortgage? You owned the property and then your wife was going to build a house on it? "quick (sic) claim deed from my parents to my wife and I". "being I was an owner of the property" No you are both owners according to the quit claim deed. Your wife deceased, Will? Executor? Property TOD? Transferred on Death? What does the tax bill say, just your wife or both of you? Other than the signature, I'm confused, what is the issue?

Yes, thank you, that helps somewhat.

I tend to agree with ma. A lender is not likely give a note to a part owner, especially if the deed is Joint survivor. I don't quite understand how that happened.

However, the question now is what do yo want to do about it. You say you found this 5 years ago but didn't do anything about it?

So now that your wife is deceased (sorry for your loss), what are you wanting to do? Is the property deeded as Tenants in Common or as Joint Survivor? If you are thinking that the debt died with her, you would be wrong. The mortgage is a lien on the property. So her estate owes the mortgage. If its not paid, the bank will foreclose on the property.

I am curious as to why you even tried to get the mortgage only in your wife's name or how the lender agreed to it. But the thing I understand least is why this is a concern.

Probably the mistake was because the property was sold by HER parents.

"Nobody will own up to it" doesn't give you much of a legal leg to stand on, regardless of the mysterious reason you might have for pursuing that mistake. Courts allow for mistakes like this. You both own the house. The lender owns the debt, meaning they own all but the front steps and that little room next to the front door, if you have paid down to 319 from 345. (Hopefully more, given that that was 5 years ago)!

So the lender can foreclose, as just stated above. But many lenders require life insurance on loans, so have you checked on that??? THAT would be when you would want your name left off the note, but don't expect to get a free house out of this, either way. Maybe a really good lawyer could pursue that, if there is life insurance on the loan.

Probably the mistake was because the property was sold by HER parents.

"Nobody will own up to it" doesn't give you much of a legal leg to stand on, regardless of the mysterious reason you might have for pursuing that mistake. Courts allow for mistakes like this. You both own the house. The lender owns the debt, meaning they own all but the front steps and that little room next to the front door, if you have paid down to 319 from 345. (Hopefully more, given that that was 5 years ago)!

So the lender can foreclose, as just stated above. But many lenders require life insurance on loans, so have you checked on that??? THAT would be when you would want your name left off the note, but don't expect to get a free house out of this, either way. Maybe a really good lawyer could pursue that, if there is life insurance on the loan.

The property was my parents. I also have the check that paid for the recording it belongs to the closing att for the lender

I tend to agree with ma. A lender is not likely give a note to a part owner, especially if the deed is Joint survivor. I don't quite understand how that happened.

However, the question now is what do yo want to do about it. You say you found this 5 years ago but didn't do anything about it?

So now that your wife is deceased (sorry for your loss), what are you wanting to do? Is the property deeded as Tenants in Common or as Joint Survivor? If you are thinking that the debt died with her, you would be wrong. The mortgage is a lien on the property. So her estate owes the mortgage. If its not paid, the bank will foreclose on the property.

I am curious as to why you even tried to get the mortgage only in your wife's name or how the lender agreed to it. But the thing I understand least is why this is a concern.

Joint in its entierty. For 5 years we have tried to get it fixed the bank returns the payments, after my wife raised the question of who altered the mortgage. They have tried to take the place but my wife filed suit. We interveiw 10-15 attorneys they wouldn't take it because of a conflict they know all the parties involved. The attorney we now have said because my wife died the bank wants me to sign the mortgage and add my name to the note. Then they will let me pay the thing off with of course the additional fee's and penalties. This case drove my wife into the ground because of the actions and advice of not only the loan broker but the attorney that wrote the paperwork, then the guy that told us we didn't have to pay it because of the fraud.

We or my wife didn't start getting the mortgage in just her name the broker and the att for the lender did advise her to do it that way. "Delta Funding"

Your wife alone qualified for a $345,000 mortgage? You owned the property and then your wife was going to build a house on it? "quick (sic) claim deed from my parents to my wife and I". "being I was an owner of the property" No you are both owners according to the quit claim deed. Your wife deceased, Will? Executor? Property TOD? Transferred on Death? What does the tax bill say, just your wife or both of you? Other than the signature, I'm confused, what is the issue?

Plumbing exspert, Im a welder, My wife a bookeeper. Yes she did qualify. I didn't say build a house. I've lived in the same house since I was 10. I had a deal with my parents. My wife took out the loan because of advice from the loan officer. The deed was writtin to my wife and I. the tax bill is in my name and her jointly no will she goot sick and died of liver cancer inside of a few months. The issue is what are my options

What do you mean by "add" ?
But unless the person signs, they could not be held liable for the loan, except for certain areas where marriage would automatically make them joint owners and debtors.

Someone added my name as the borrower on the mortgage I'm not on the note or the loan app. I did sign as witness to the borrower it now looks like I was stupid and was tricked. Should have stayed in the car

Ok, now its starting to make more sense. First question. Do you have proof that you have tried to make the payments? Have you been saving those payments in a separate account?

Second question. What does your attorney advise that you do now?

What I would do is to continue making the payments. As the payments are returned deposit them into a separate account. Then your attorney tells the lender in writing to either accept the returned payments to bring the account up to date with no additional fees or penalties or file for foreclosure. Include the broker and the lender's attorney in your counter suit.

If they do file for foreclosure, then you counter file for expenses, attorney fees and punitive damages. You go into court and show the judge that you have been making the payments and they have been returned. That you are prepared to bring the loan up to date, but don't feel you should be charged extra. Your counter suit should claim that the broker and lender's attorney maneuvered you into filing for the loan in only your wife's name and were responsible for the loan documents being doctored.

I think, if you do that, at the very least, the lender will lose the foreclosure case and you will get the loan up to date. At the most, you will have all your costs reimbursed or may even get the loan voided.

After reviewing this thread, I am still puzzled as to what OP and his late wife intended to accomplish 5 years ago when the discovered the arguably fraudulent modification of the loan documents. Wife borrowed the money and bought the house. Her obligation to pay the loan note, as she signed it, remained valid against her, despite the questionable (and arguably fraudulent) modifications subsequent to the closing. Only in the event of a default and foreclosure would there be a problem, and in that event only if the bank sought a deficiency judgment against the husband (OP).

A "corrective mortgage" should be executed by the persons who should have signed the original document, in this case the OP (in addition to his late wife). Whoever foolishly tried to leave out getting OP to sign is probably denying that he or she is responsible, in an attempt to protect his or her license.

Now that wife is dead, things have not changed much. OP has presumably inherited or otherwise succeeded to the house from wife, subject to the mortgage. Again, unless there is a default there wouldn't be a problem (except for the refused payments). What am I overlooking?

I think the key here is the refused payments. I agree with AK, that while the modifications to the mortgage are perplexing, the fact remains that the wife obtained the mortgage and payments should have been continued. The fact that the husband's name was added to the mortgage would ONLY become an issue in case of default on the mortgage. Until then it was a minor annoyance.

But once the lender started refusing payments, the situation escalated. It might help to understand what reasons the lender gave for returning the payments. But as long as the OP can prove that the payments were attempted, then he would be in the clear.

A shady lender in a hot real estate market with a loan that is now way less than the worth of the property might be hoping to foreclose.

Ok, now its starting to make more sense. First question. Do you have proof that you have tried to make the payments? Have you been saving those payments in a separate account?

Second question. What does your attorney advise that you do now?

What I would do is to continue making the payments. As the payments are returned deposit them into a separate account. Then your attorney tells the lender in writing to either accept the returned payments to bring the account up to date with no additional fees or penalties or file for foreclosure. Include the broker and the lender's attorney in your counter suit.

If they do file for foreclosure, then you counter file for expenses, attorney fees and punitive damages. You go into court and show the judge that you have been making the payments and they have been returned. That you are prepared to bring the loan up to date, but don't feel you should be charged extra. Your counter suit should claim that the broker and lender's attorney maneuvered you into filing for the loan in only your wife's name and were responsible for the loan documents being doctored.

I think, if you do that, at the very least, the lender will lose the foreclosure case and you will get the loan up to date. At the most, you will have all your costs reimbursed or may even get the loan voided.

Answer 1st question I did save the moneys 119k and then used it to offset for my wife's health care. Not a big issue I do have more

Answer 2nd question the attorney I have says I'm screwed now that my wife died and ill have to sign all the doc's and negotiate with the bank and start paying the loan. I disagree with her and may have to let her go.

I've spent 25k in the last number of months on thise I could have paid the note. Thank you all, for your help at least I'm not crazy. I get it now its all about the bar card and reputation. As well as the bank cant loose

But do you have proof that the payments were refused and that you saved them?

I would definitely get a new attorney. I would still try to take the tactic I outlined.

I don't agree the bank cant lose. I think, if you try what I suggested you may win.