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REGIONS MORTG., INC. v. MUTHLER

889 A.2d 39 (2005)

REGIONS MORTGAGE, INC., Appellant v. Susan C. MUTHLER, Appellee.

Supreme Court of Pennsylvania.

Decided December 12, 2005.

Attorney(s) appearing for the Case

William J. Levant, Michael P. Coughlin, Blue Bell, for amicus curiae.

Lauren P. McKenna, Edward John Hayes, Philadelphia, for Regions Mortg., Inc., appellant.

Randy Paul Brungard, Lock Haven, for Susan C. Muthler, appellee.

BEFORE: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

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...

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