Chase failed to file quitclaim deed at refi

[2Mistakes]

What is the name of your state? MS

I have a post regarding this on the divorce forum: [url]http://forum.freeadvice.com/showthread.php?t=403275[/url]

but I think this could turn into something else possibly, so I am looking for help here as well. I will try to make this as brief and succinct as possible.

* Oct. 2003 - My ex-wife and I seperate. She moves out of the marital home. We file for divorce.

* Jan. 2004 - Divorce is final. By agreement, I am awarded the marital home. I have 1 year to refi, taking my ex-wife's name off the mortgage and paying her 1/2 of the equity that accumulated during the marriage. She is ordered to sign a quitclaim deed deeding the property to me when she receives her 1/2 of the equity.

* Dec. 2004 - I close on the refi. My ex-wife is present. Her name is removed from the mortgage. She receives a check for $15,000. She executes a quitclaim deed. The closing agent for Chase (the lender) takes all closing docs with her, and says that the quitclaim deed will be recorded at the county courthouse.

* Aug. 2005 - Hurricane Katrina hits. My home is flooded with 4 feet of water. I have no flood insurance. I spend $60,000 repairing my home.

* Early 2006 - the MS Development Authority (MDA) announces a grant program for homewoners like myself who did not have flood insurance and who did not live in a flood zone. GREAT! I apply for a grant. My application is approved, and we move into the grant closing procedures.

* April 2006 - The MDA informs me that the county property records indicate that my ex-wife is still 1/2 owner of the property. I go to the courthouse and discover that Chase never filed the quitclaim deed from 2004 with the clerk's office. The MDA advises me to just have my ex-wife execute another quitclaim deed.

* April 12, 2006 - My ex-wife executes a second quitclaim deed. I take this to the courthouse and file it myself. I give a recorded copy to the MDA, my grant is closed and proceeds are dispersed.

* March 2008 - I am contacted by the MDA and informed that my grant was randomly audited, and that my damage assesment was calculated incorrectly in 2006, and I was underpaid by $17,000 for my grant. They advise of the steps I need to take to appply to receive the additional $17,000. I do so.

* Yesterday - I receive a packet from the MDA stating that in reviewing my grant, they see that a quitclaim deed was filed in April 2006, but because the 2004 quitclaim deed was never filed, my ex-wife was still on title of the house at the time of the actual hurricane, which was Aug. 2005. They include a waiver for my ex-wife to sign, waiving all interest in any proceeds from the MDA grant. My ex-wife refuses to sign it.

* Yesterday, I contacted Chase. I explained the situation to them, the very helpful rep pulls the old file from the refi in 2004, and the original quitclaim deed is still sitting in the file. I have to formally request it in writing and send $10 as a research fee. Done.

* The MDA says that when I get that original quitclaim deed from 2004 from Chase, I need to have it recorded at the courthouse, but that because it's been so long, they also need an affidavit from Chase saying basically that Chase messed up by not filing it with the court back in 2004 and that it has just been sitting in their file since that time. I have not contaced Chase about this affidavit yet, as I don't want to rock the boat with them until I have that original quitclaim deed in hand from them.

Now, onto my question:

1. If end up losing money because of this whole fiasco, is Chase liable to me for my loss? Afterall, had they done what they were supposed to do (file the 2004 quitclaim deed, taking my ex-wife's name off the house) none of this would be a problem.