Appellate Division Second Department upheld summary judgment dismissing claims of lender bank to declare an equitable lien against wife’s interest in the premises as joint tenant with her husband with right of survivorship.  At the closing of the sale of the premises to husband and wife, only the husband signed the mortgage and note granted the lender bank. When note went into default the bank sought to foreclose its mortgage but was unable to foreclose to judgment against wife’s interest because she did not sign the mortgage. This action in equity ensued. By virtue of the loan application and the closing documents, the Court held the parties had no intent to grant a mortgage against wife’s interest as a matter of law. This case demonstrates the care that must be followed to ensure all parties taking any interest in the mortgaged premises sign the mortgage granted as security for payment of the indebtedness.