[okconnett]

History
A girlfriend took possession of a house I purchased but was stupid enough to add her as a co-borrower or secondary borrower.
We went to mediation agreeing she could have the home if she refinanced (within 90 days) it in her name, removing my responsibility, and she paid me monies for my interest or share. She finally told me she was about to close and needed my signature to refinance. When I arrived the title company had a warranty deed there with her name on it for me to sign. The title company stated it was only a courtesy deed to ease her refinancing and they did not need me at signing. I asked about protections, precations, and if this was wise. They said, "no problem, its a courtesy we do it all the time."
I now find out she has not refinanced, has filed the deed, and taken my name off the property, and stopped paying the mortgage since February. I am in foreclosure, $18 k behind, and she has been renting the house the last few months pocketing the money.

My question is in regards to the title company. (who is the same company that did the title and escrow when I originally purchased the house with my ex on as the second.

When they accepted the request by my ex to do the warranty deed to remove me so she could refi, assured me I was safe and it was a courtesy, They would take care of it". Haven't they accepted the responsibility and liability?
They didnt do the refi, INSTEAD, they handed the signed and notorized warranty deed with my signature to my ex, (who didn't refi and filed it with the county instead, removing me from the property, but leaving me on the loan). They even called and left a voicemail admitting they "... handed the deed to my ex, and they don't know what she did with it, I should ask her or her attorney". (It has been transcribed)

The title company takes the position they don't see their liability, that they didn't do a refi or any additional title work so they are not liable for what has happened due to their negligence and the damages I have encurred do to my ex and this mess.

The foreclosure, many 30 and 60 day late payments my ex made has devastated my credit, going from 720 to 580... I don't have the home, I have lost all my investment in the home, my equity, everything. I am ruined for at least 3 years.

Am I missing something? Wasn't the title company the professional and IMMEDIATELY LIABLE ONCE THEY ACCEPTED THE REQUEST TO DO A WARRANTY DEED FOR MY EX'S REFI AND ACCEPTED MY SIGNATURE?
If they found out after the fact she wasn't going through them, shouldn't they have backed out, refused or put the warranty deed in escrow or some other means of protected status?
By handing it to my ex, the second on the title, haven't they automatically assumed culpability?
Can they avoid liability?

Any help would be appreciated.
Thanks in advance for any opinion.
Casey

[Fr_Chuck]

Well you are missing the part where you have your attorney review it before you sign. But no, if the title company provided this as part of a refi the entire issue is on the person who filed that deed.

But since you signed it, you will have to get the title company to testify that it was not suppose to be filed.

And to be honest she could even sue you over the warranty deed, since in a warranty deed to promise to give them clear title to property