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buffelo · May 3, 2010, 07:37 AM

Title company didn't have me sign quick claim deed over to my ex before new refinancing went through with new mortgage company. After all was done they contacted me to sign quick claim deed. I signed it in 2006 then they never recorded it. Now he has defaulted on his loan. My name is on the deed of trust but not on loan. The new mortgage company wants me to sign a deed in lieu. Can I sue title company for their mess up. It has showed up on my credit report.

JudyKayTee · May 3, 2010, 07:56 AM

I'm confused - the Title Company doesn't represent your interest. Your Attorney (or you if there was no Attorney) is responsible for the back-up paperwork.

Likewise, the title compay doesn't file any papes on your behalf.

No, I don't see a lawsuit here. Maybe you have an action against your "ex" but that is for an Attorney to decide. Assuming you were married to the "ex" (and I realize that's a big assumption) this should have been handled in the decree of divorce.

buffelo · May 3, 2010, 08:24 AM

They were supposed to record the quick claim deed to get my name off the home for him to be able to refinance in only his name so I would not be responsible. They didn't do the recording, but the loan went through anyway. Now I show up on deed of trust.

JudyKayTee · May 3, 2010, 08:48 AM

In my area the title company does not file any papers as it does not represent either party. This is not familiar to me and hopefully someone will come along and answer.

It would appear to me that you will have to file a motion to correct this. You can only sue for monetary loss. How have you been harmed?

LisaB4657 · May 3, 2010, 09:00 AM

You don't have a claim against the title company because you had no agreement with them. Only your ex or your ex's lender might have a claim against them.

If the refinancing took place and you were not listed as a borrower then you don't have any legal obligation to repay the loan. Since your ex's lender never got your signature on the new loan they don't have the right to foreclose on the entire property, but only on your ex's share.

Want to make all of this go away? Tell the lender that you'll give them a deed in lieu of foreclosure if they have this whole thing removed from your credit report first and if they give you a full written release of all claims they may have against you.

buffelo · May 3, 2010, 09:05 AM

Yes it has gone on my credit report. This all happened in MO. I live in TX. Now. It has been 4 years and I just found out that it was never recorded when lawyer sent me papers to sign a deed in lieu even though I was not on the loan but my name was on the house.

JudyKayTee · May 3, 2010, 01:13 PM

This is different - if an Attorney was to file the papers then you certainly can and should contact that Attorney, explain what has happened and advice him/her that you expect this to be straightened out without additional cost to you.

It would appear that the Attorney is the person who did not do his/her job.

LisaB4657 · May 3, 2010, 01:25 PM

Judy, I think the attorney that the OP is talking about is the one handling the foreclosure. I'm betting there was no attorney involved in the refinance and the title company just messed up and forgot to record the quit claim deed.

AK lawyer · May 3, 2010, 02:21 PM

Originally Posted by JudyKayTee

In my area the title company does not file any papers as it does not represent either party. This is not familiar to me and hopefully someone will come along and answer.
...

It is the norm, in my experience, for the title company to file the documents. They close the transaction in escrow and file all the papers simultaneously. The escrow agreement constitutes a contract between the title company and the other parties.

Fr_Chuck · May 3, 2010, 04:22 PM

As to the paper work, yes sign it over with the agreement they remove everything from your credit report.

Also you just file a complaint challenging the credit report with the credit agency, since if your name is not on the loan, they can not report it in your name.

Your legal action is against the lender.

AK lawyer · May 3, 2010, 05:45 PM

Originally Posted by Fr_Chuck

...
Your legal action is against the lender.

What are the damages?

Something negative showing up in a credit report doesn't translate to monetarily specific damages as far as I know.

You would have to show one or more specific lost opportunities, and the dollar value lost with each. Very difficult to prove, IMO.

JudyKayTee · May 3, 2010, 06:07 PM

Originally Posted by AK lawyer

It is the norm, in my experience, for the title company to file the documents. They close the transaction in escrow and file all the papers simultaneously. The escrow agreement constitutes a contract between the title company and the other parties.

In NY the title company has no responsibility and goes way out of the way not to have responsibility.

Varies from State to State, of course.