My husband and I bought our house in August 2008 and we are trying to refinance. When the bank done the title search in August 2008 the deed came back clear. Now that we are trying to refinance the title search so that a previous owner (not the people that we bought the house from) needs to sign a quit claim deed. What happens if they do not sign the deed?

Your Attorney didn't catch the error?

Get a copy of the title policy that was issued when you bought the house. If that search was clear then that company has to insure you. Give that to the current title company.