It has been common in recent years for banks to sell or assign bundles of mortgage loans and sell them to other financial institutions. Unfortunately, many of those transactions were not properly completed. Some are missing signatures and some were never recorded. The newspapers are full of such stories.
What is the status of the refi? Were those documents recorded? Hypothetically, I would imagine if a borrower went to refinance a loan, the proceeds of that refi would have made their way to the owner of the debt; and the lender providing the refi should then record its first priority lien.
A thorough review of your mortgage and refinance documents are in order. Contact a real estate attorney quickly.
Disclaimer: For a free consultation contact me directly at 973-519-0196 or firstname.lastname@example.org. If this answer was helpful, please mark it as helpful or as a best answer. Answering questions on avvo.com does not create an attorney-client relationship. You are strongly encouraged to seek and retain your own counsel. Information and answers posted to this website are for general informational purposes only.
It depends. If the mortgage lender was a member of MERS, then the assignment may have been handled internally within MERS and not recorded in the county clerks's office (the purpose of MERS was, among other things, to reduce bank costs by not having to pay for the filing of multiple assignments).
If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.