My partner quit claimed me on the deed when he went to closing. I am not on the mortgage and the condo is 100% financed. We did not know that there was a judgment against me and it showed up on the deed when he tried to refinance.
I was told by a closing attorney that a quit claim must be approved in writing by the mortgage/lender and the person it is quit claimed too to be valid. This was not the case. The Lender was not involved and I was not at closing.

Can this deed be rendered invalid and the orignal deed with just my partner on it be re-instated?
Or, if this has to be done by the mortgage/lender institution, can they call in the loan and if so, does the Title insurance cover the lien/judgment?

He wants to sell to upgrade to a larger condo but cannot sell with the lien on the existing deed.

I have contacted the original closing attorney and he is trying everthing except admiting the wrong procedure for the quit claim. This is suppose to be a Federal Regulation for all quit claims.

Pleas respond.

I can understand that this is a frustrating situation. I would suggest that you post this under real estate as well. You may want to speak with another attorney to discuss your legal options. You can locate an attorney through the attorney locator on Lawinfo's home page at http://www.lawinfo.com/. Some do offer free consultations.

Thank you for your response. I will try to put it on the real estate portion as soon as I can figure it out.

I will also go on line with the lawyer info.