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.
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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).
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