Can a mortgage company add your spouse to your mortgage without consent?

UPDATED: Jul 11, 2012

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Can a mortgage company add your spouse to your mortgage without consent?

Our mortgage was sold from one company to another; the original mortgage was only in my name. However, when it was sold, my spouse (now ex) was added to the mortgage without my consent. At the time, I didn’t say anything, since we were married but now that we are dvorced. I am in a bind because I don’t want to refinance but his name shouldn’t be on there. What can I do?

Asked on July 11, 2012 under Real Estate Law, Alabama


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, they can not add him to the paperwork with out consent and signatures.  I think that you may need legal help here but you can start the digging yourself.  Ask the lender for the original documentation upon transfer.  If it does not show his name on the mrotgage then ask for the new documentation to be produced that shows his and your signatures on the new loan agreement.  Agains, if it is not present demand that he be taken off the loan.  Good luck.

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