Regions Mortgage, Inc. v. Muthler

OPINION

Justice EAKIN.

' In 1999, Joseph and Susan Muthler purchased a property from Elwood Bennett; the property was titled in the names of both Joseph and Susan. The Muthlers jointly applied for a mortgage, and both of their names appeared on the mortgage documents. Prior to closing, however, the mortgagee, CTX Mortgage Company, unilaterally removed Susan’s name from the mortgage. Thereafter, the mortgage named only Joseph, although it correctly indicated he was married. Schedule “A” to the mortgage contained a description of the property and clearly stated the property was owned jointly by…