The deed was prepared by the seller or the seller's attorney or an attorney for your title company on behalf of the seller. Mortgage companies don't prepare deeds. They may, though, require that the cosigner of a note be on the mortgage and deed. If you signed the mortgage too and you mother cosigned it seems that your name should be on the deed too. Was this a surprise and when did you find out? At closing? After closing? Ask your real estate agent to track down the source of the problem - probably starting with the title company. Was the failure to include your name a mistake? Go to a real estate attorney if necessary. This matters.

If you used an attorney have them correct, There are ways in which you take title where you have a shared interest and others where you will have a right of survivorship. (basically you both have an undivided ownership of the home) Likely you will have to be on the mortgage and note as well.

chances are, your mother borrowed the money, her credit, her risk

Hello Michelle. From what you are saying, the deed does not mention your name at all. I am assuming that the names of your mom and you are on the loan papers. Typically, it's not the mortgage company that prepares the deed. It's either the escrow company or the attorney who handles the closing who will prepare the deed. You should contact the person who handled your closing and find out why your mom's name is the only one that appears on the deed. If it's a mistake, they should be able to fix it and the fix might be as simple as filing a corrected deed. If it's because of some closing instructions from the mortgage company, adding you to the deed might require prior approval from the lender as it affects their security interest. You want to make sure that proper procedures are followed so that you don't put yourself in a situation that would give the lender the right to call the loan due and payable. For instance, if your mom were to just quitclaim deed her interests in the property to you, this could potentially trigger a due on sale clause. Don't think that the bank would not find out. I know that many banks have broker price opinions done a few months after the closing and the owner of record will be researched at that time. The post closing BPO is part of loan servicing and they usually wait a few months to make sure that the there has been sufficient time for the public records to get updated as it can take some time for the recording of the deed to be reflected in the public records depending on how back logged the recorder's office is. I hope you'll find out it was just a mistake and that the fix is easy. Good luck.

Michelle,

Call a title company or real estate attorney and have them prepare a "quit claim deed" for you. Your mom will essentially need to quit her claim to the property and deed her interest to you.

Keep in mind however that she may not want to do this since she is named on the mortgage therefore she is equally liable for payment. If she has to pay she may well want the right to ownership as well.

Cameron Piper