Bank Of America Tries To Undo Foreclosure On Home It Didn’t Hold Mortgage For, Fails

Seems like it’s just so darn easy for banks to accidentally foreclose on a home and force the residents to move out, but when it comes to making it right everything gets quite difficult. Bank of America has tried to rescind a foreclosure from April 2010 on a home it didn’t hold the mortgage for, but turning back the clock isn’t possible for the family that used to live there.

A Georgia woman is now suing Bank of America, after having to move out of her family home and losing many of her valuables in the process of the foreclosure. The Atlanta Journal-Constitution says her case sheds light on how little protection borrowers get from the state during foreclosure. There’s no judicial review in Georgia, like most other states as well, where a judge would verify the basic facts before a home is taken by a bank.

Here’s how she says it went down: The original bank holding her mortgage collapsed in August 2009. After it closed, she refinanced her loan with another bank, Freedom Mortgage. Meanwhile, the government transferred thousands of mortgages from the closed bank to Bank of America, and many records were lost in the confusion.

The payoff of the original mortgage wasn’t recorded in county records until eight months after Bank of America foreclosed on the home, but her attorney says checking property records before her home was foreclosed should’ve shown that by the time BofA was involved, she already had a new mortgage.

She also says she was current on that new loan until the day she was forced out of her house. She began receiving late notices from BofA weeks after her refinancing with Freedom Mortgage, and says that she was given the runaround by both banks at that time. She also claims that one Freedom Mortgage rep told her to ignore BofA’s notices.

Even though BofA is trying to work with regulators and borrowers to fix things, the woman says her health deteriorated from the stress and she had to take a medical leave from work. She’s suing both Bank of America and Freedom Mortgage, claiming it mishandled the canceling of the original mortgage, as well as a company that seized many of her belongings.

Five months after Bank of America foreclosed on her home, she received a letter from a law firm to vacate the house. So she packed up her four kids and moved to North Carolina, leaving some belongings behind. When she returned a few weeks later, she says her remaining valuables were gone and the locks were changed.

“We have a roof over our heads. We’re grateful,” she said of her apartment home now. “But it can never replace a dream home you thought you’d have forever.”

*Thanks for the tip, Rachael!

Botched transfer leads to foreclosure nightmare [Atlanta Journal-Constitution]


Edit Your Comment

  1. humphrmi says:

    Here’s how BofA can fix it: pay lots of money to the victim.

    • cyberpenguin says:

      But, if they do that they won’t be able to pay another $4.4 billion in executive bonuses.

      Will someone please think of the executive’s children?

      • Blueskylaw says:

        “Will someone please think of the executive’s children?”

        We are thinking about them; what do you think happens to all the homes that are foreclosed on in America? They all end up in the children’s retirement accounts. After all, you can’t start too young now can you?

        • cyberpenguin says:

          It’s still not enough. America must sacrifice more.

          Do you realize that some executive’s children have to drive the same Lamborghini twice in the same week?

          Not all have to, but there still are some. Until this is rectified our Congresswomen and men should not sleep!

    • kc2idf says:

      humphrmi – your avatar is exactly the means of entry I would use if I were to find that the locks had changed unexpectedly. Once that point has been reached, it is war.

  2. Captain Spock says:

    Isn’t there a way to request a hearing before a judge before getting kicked out of the home that she legally owned and had a current mortgage on? Or, say, call the police?

    • KenZ says:

      Georgia is a non judicial foreclosure state so no. It’s handled by clerks.

    • ablestmage says:

      My question is how exactly, can a bank foreclose on a house that isn’t mortgaged by them? Wouldn’t they need actual papers saying so, before they can foreclose on it? I would be buying a personal howitzer and pointing it at anyone that tries to seize anything without proof. Talk to the barrel of this baby! If I shoot at someone trying to seize my property, can it go to court at THAT point?

      • JJFIII says:

        Yes, it would g to court with you spending many years in prison. THAT is why we have lawsuits at our fingertips. If you want wild west frontier days with the one with largest gun is the one who decides what the correct outcome is, then maybe you arent intelligent enough for civilized society

        • Difdi says:

          From a strict reading of the law, the howitzer idea has merit. In order to take someone’s property, there are certain legal requirements that must be met. Failing to meet those requirements means the attempt is, legally, little different from being mugged at gunpoint. And it’s perfectly legal to resist a mugger.

          Perhaps you aren’t civilized enough for intelligent society?

          • AtlantaCPA says:

            Getting back to the issue for a second – I’d like to point out how this would go down: You brandish a weapon at the people coming to clear out the house, they call the sheriff. Sheriff arrives and they show him/her the foreclosure notice. You say “They don’t own the mortgage, they shouldn’t have filed for foreclosure on this house, but since this is a rubberstamp state they can file whatever they want”, sheriff tells you to vacate or face arrest.

            Not being melodramatic, I’m just saying that it would take a lot more work to prove they shouldn’t have foreclosed on you from a prison cell. In reality I agree with you, it’s theft, but the law says that we trust banks to police themselves in this state so the burden of proof falls on you to prove they shouldn’t foreclose on you.

    • Steevo says:

      But there is something wrong here. This person let B of A foreclose even though B of A had been paid off.

      You do have the right to take them to court in a non judicial foreclosure state. But she couldn’t / didn’t do it.

      I’d have been down there for a TRO right away. The truth would have come out immediately. B of A would owe attorney’s fees.

  3. galm666 says:

    And yet, she’ll never be able to exact punishment on the people who should’ve handled this properly. The company, she can chase down, but not the individuals.

    • ZachPA says:

      Who really needs personal vengeance when there could possibly be a million or more reasons to settle and keep one’s mouth shut? If ever there were a cause for punitive damages, this story is it. BA should pay compensatory damages of the highest valuation of the home during the most recent 7 years, plus the costs associated with relocating, plus the value of belongings left behind and not recoverable, plus all of the OP’s medical bills that can be reasonably attributed to emotional or physical suffering as a result of BA’s action. BA should also pay punitive damages of between three and 30 times the compensatory damages, to be split equally between the OP and her children, where OP receives 50% of the punitive damages, and each of her four children receives 12.5%.

      I’m not sure what role Freedom might have had in this, considering they were not party to the foreclosure or the eviction. Despite the fact that OP says her Freedom rep advised her to ignore the BA late notices, OP should probably have sought the opinion of a BA supervisor or an attorney, because nobody at Freedom is qualified to speak on behalf of BA.

      It’s really a shame that the OP didn’t know what her options were and didn’t follow the many avenues available to her in order to stop the foreclosure. This OP should have taken the late notices much more seriously. She could have contacted BA by mail any number of ways, not the least of which was by using a Qualified Written Request (remember the dude in Philadelphia who managed to foreclose on a Wachovia office after filing one and receiving no answer?).

      Often in this business environment, it takes someone making a lot of noise before a problem is addressed. Even if someone within BA noticed the issue, they may not care to take any action unless there is someone at the other end of the stick poking and jabbing incessantly. The old adage that the squeaky wheel get the grease still applies in 2012.

      And let’s not forget the obvious: even though Georgia is a non-judicial state, there’s no law against suing BA in order to stop the foreclosure. The OP could have sought an attorney at least to request some sort of injunctive relief from the Court. Certainly a judge would have looked upon these circumstances and put on the brakes for no other reason than there was more than enough evidence available to cast doubt as to whether BA had any right to recoup the property.

      All that said, I hate that it sounds like I am blaming the OP here. In some ways, she could have helped herself out big time by availing herself of professional advice. Truly, though, it is BA who shall be held accountable for this family’s forced eviction, loss of home and relocation.

  4. blogger X says:

    Stories like this and countless others are why we need stricter financial institution regulations.

    • Vermont2US says:

      That’s why we need a real businessman – Mitt Romney – as President. He’ll straighten things out, cuz his way is the American Way.


      • mopman64 says:

        Nah we need Obummer in there for another 4 yrs or just give him a crown, cause we all know what a bang up job he’s doing.

        Maybe he should drive around more on his bet on America tour on that bus that was made in Canada.

        • tbax929 says:

          You’re right. We’d be so much better off with McCain and Sarah Palin.

          • Jaynor says:

            You betcha *wink*

            Can’t hate the guy too much for having to shovel out 8 years of Bush’s dungpile.

            • TheMansfieldMauler says:

              Almost 4 years later, 2 years of that with a democrat House and Senate, and it’s still Bush’s fault.

              That record isn’t just broken. The needle has dug straight through to the turntable.

              • pgr says:

                Romney and YOUR Refucklican friends are just waiting to take over so they can really put it to the American public. Obama has done miracles since he took over from the scum that was there before him and is running congress today, especially considering the sums vow to make him fail.

                I would suggest the average American voter is a dummy (like you) or all the Refucklicans would already be serving life sentences in federal prison for what they have done the American way of life and the American people.

                As soon as these bullshitting cowards get thrown out the better.

                Wake up and stop being a bigoted hater and political fool!

              • crashfrog says:

                You’re absolutely right. And I think the rule is that when an arsonist lights your house on fire, it becomes the firefighter’s fault after they try to put it out.

              • RevancheRM says:

                Actually, RINO speaking here: I hold the GOP responsible. When their stated goal is to do EVERYTHING possible to keep the opposition party’s candidate from being elected, you’re publicly stating you’ll stand in opposition to everything that candidate stands for.

                It is far from Obama’s fault our recovery from the second of Bush’s recessions has gone so slow. Its be the tactics of a do-nothing Congress stymied by Boehner and krewe.

                /RINO because I’m a Reagan era Republican, not a Gingrich-Go Team At the Cost of America era one.

                • George4478 says:

                  >>When their stated goal is to do EVERYTHING possible to keep the opposition party’s candidate from being elected,

                  And this is different from the DNC how?

                  Your attitude symptomatic of the main problem with politics: “the other side is the evil one; my side is all goodness and light”. Pathetic.

                  • RevancheRM says:

                    Wrong. I’m a Republican. I’m just not a ‘My Team First” one and I have definitely seen The ‘Crats reach across the aisle many times in this administration. Lots of partisanship, too, but not the total partisanship the current crop of GOPers have demonstrated by any means.

                    Remember the 10 parts budget cuts for 1 part tax increase? It was met with scorn and vileness. Not what Reagan would have shown O’Neill back in the ‘good’ days of conservative leadership.

                  • RevancheRM says:

                    And to answer your question…it is both parties’ goal to defeat the other’s candidates, but well after passing legislation that serves the nation. Not legislation (or lack thereof) that supports the Party.

                  • crashfrog says:

                    You’re talking about the DNC that doesn’t prevent its caucus from voting across the aisle, right? The DNC that let Bush have tax cuts, Medicare part D, and No Child Left Behind, right? Not to mention the wars in Iraq and Afghanistan?

                    The only thing the DNC ever drew the line at was Social Security privatization, and thank god they did since it would have impoverished the nation’s seniors. So, that’s what’s different about the DNC.

              • Kate Blue says:

                And it will still be Bush’s fault probably a good 30 to 50 years hence. You don’t seem to take responsibility for the incredible damage that man did not only to this country, but to the entire world.

                • TheMansfieldMauler says:

                  If you’re going to play that game, then we can blame:

                  Johnson for the “Great Society” that created the welfare state

                  FDR for the “New Deal” which created gigantic government and made people dependent on the state

                  Lincoln for trashing the Constitution in many different ways

                  Let’s look at the words of Obama himself, who promised change change CHANGE and Open and Honest Government. Open and Honest until Fast and Furious, that is. And here’s what your CHANGE looks like:

                  • George4478 says:

                    At least he kept his promise to keep unemployment under 8% if we agreed to his stimulus plan.


                    • crashfrog says:

                      But “we” didn’t agree. He asked for 1.2 trillion; he got less than 400 billion. Zero Republican votes in favor even after he agreed to cut more than half of it for the tax cuts they wanted. (Of course, it was too late to take those out by the time Boehner admitted couldn’t deliver his caucus.)

                      That said, the 8% unemployment projections were based on inaccurate data about the scope of the recession. Reprojecting with the real numbers, it turns out that the stimulus had approximately the effect they thought it would.

              • videoman says:

                I voted for Obama, but I believe he hasn’t done enough to turn things around for the economy or for the government. That being said I believe that there is plenty of blame to spread to Bush (43), Clinton, Bush (41), and even Reagan.

                Looking back over the last 30+ years it feels like the government has done more to empower big businesses and taken many protections away from individuals. I blame both parties for this, as they listen to whomever puts the most money in their pockets (bribery is the most entrenched policy). Trickle down policies have helped to create jobs, but those jobs are created in other countries like Indonesia, China, Malasia, and Mexico.

                Politicians speak of enforcing morality through legislation, but whenever someone suggests applying morals (regulation) to big business, the reaction is one of shock and horror. If you have the money to bribe Congress and the President you need not worry about treating customers, stockholders, or employees with decency and respect.

                • frodolives35 says:

                  This This and This.

                • shepd says:

                  The problem is that you (and most others) think it is the government’s job to regulate the economy. It is not. The economy is fully capable of self-regulation and would be happy to do so without the government stepping in. This includes government fiat currency destabilization of the economy.

                  Return to money valued in actual product/service (gold was the standard, I’m sure it still could be, but it doesn’t have to be) and let the economy fix itself. Your economics highs and lows are due to government regulation attempts to fix those issues, and the empowerment of big business is (partly) wrapped up in that.

                  • videoman says:

                    The highs and lows were there before the government had as many regulations as it has now.

                    To me the point is that no one wants to make corporations and banks play by the same rules as the rest us have to abide by. If left to their own devices corporations try to monopolize their respective market taking away customer choice and enabling said business to act in ways that are wrong and unethical.

                    Banks stopped following their own rules for loaning money when their pursuit of profit drove them to make risky loans to people that didn’t deserve those loans. In the end the decisions of banks (commercial and investment) have played a significant role in crippling economy of the entire world.

                    Money is not an inherent evil, but the unending pursuit of money is a root human evil in the world.

          • mcgyver210 says:

            Any microorganism would do a better job than the Dictator wanna-be in there now.

      • clarkis117 says:

        Oh, so we can have the Banks and Oil companies back incharge we all have seen how that has worked out.
        Crisis of 2008
        BP Fing up the Gulf

  5. Blueskylaw says:

    When will we get a judge that realizes these are CRIMINAL actions by the banks. There is a long standing pattern of abuses by the financial institutions and as far as I’m concerned, the ONLY way to cause any meaningful change is to send executives to jail. For too long they used the excuses:
    1). I didn’t know this was happening
    2). Other people in the company did it without my knowledge

    If the executives can claim ignorance of company affairs everytime they go to court, then why the fu*k are they getting paid tens of millions of dollars with guaranteed bonuses?

    • Auron says:

      Because as it’s been made perfectly clear, corporations are only people when it comes to political donations and the employees of a company cannot and will not be held liable for criminal actions such as this. We can thank the contributions to our congress critters from these “people” for this kind of safety net for them.

    • bhr says:

      HAve to ask, but what is criminal on the part of BoA? Her new lender never recorded the loan, apparently never paid it off, BoA stopped receiving payments, and she ignored their letters. How were they to know?

      Never ignore letters from lenders/creditors. NEVER.

      • Blueskylaw says:

        Hi, you must be new here. . .

      • StarKillerX says:

        Actually, that’s a very good point, from the article, as printed here it appears the problem could be laid at the feet of whatever government agency oversaw the breakup of the original bank and the transfer of mortages.

        • Stickdude says:

          Enter text…

        • Stickdude says:

          (Note to Consumerist editors: PLEASE fix your “new” commenting system so it stops auto-submitting comments when I haven’t hit the submit button! Thanks!)


          This is supposed to be a screed about renegade banks running roughshod over poor individuals and the need for noble bank regulators to ride in on their shining steeds to save the day.

          As soon as you point out that bank regulators were in fact a large part of the screw-up, you pop a gaping hole in that argument. No, it’s more fun to blame Bush, or Refucklicans, or whoever the current liberal boogeyman-of-the-week is.

          And yes, I know that the bank itself bears the lion’s share of the blame here and she is absolutely correct to sue them. But if you think that “more regulation” will somehow magically prevent situations like this from occurring, I’ve got a bridge I’d like to sell you.

          • RevancheRM says:

            Not more regulation. Enforcement of current regulations would be a big start. If that means a consumers agency, then that’s the way the pendulum has swung.

      • Kate Blue says:

        No one said she ignored anything. She just said she was advised to. From what she said she repeatedly tried to work with Bank of America and they apparently tried and failed to change their own system to deal with their own mistakes.

    • cyberpenguin says:

      It’s not criminal if it’s done by a corporation.

      Now, please apologize to your corporate lords and masters.

    • One-Eyed Jack says:

      You’ll no longer find a “The Buck Stops Here” placard on an executive’s desk. But you’ll find plenty of “The Buck Stops Over There …. No, WAAAAY Over There” signs. Banking execs are too far removed from their customers to care.

    • Tenacity says:

      Precisely. Well put.

  6. The Beer Baron says:

    If I may play Telenet Strong Man for a moment, I do believe that were I in this situation, the rogues who showed up to remove me from my domicile would be greeted by my elephant gun, by Jove!

    • Free Legal Advice! says:

      I don’t know what flavor of tea you started drinking this morning, but I have been enjoying your comments all day. They are especially wonderful when read in a falsetto British accent by Homer J. Simpson.

  7. tbax929 says:

    I know we only get the stories of the nightmare experiences, but do any of you read these stories and get terrified? My mortgage was briefly held by B of A. Now it’s with US Bank, which I read very little about. I haven’t had any problems (other than they keep holding way too much in escrow and having to refund it to me). But I swear these stories terrify me!

    • crispyduck13 says:

      You’re not the only one.

    • AK47 - Now with longer screen name! says:

      Me too. My mortgage is with GMAC, and we just got a letter about their bankruptcy. The letter basically said we don’t have to do anything – just keep paying our mortgage and they’ll handle the details.

      A few years ago, I wouldn’t have even really paid much attention. But now, seeing all these stories, I know that I need to pay close attention to what’s happening and keep a good record of everything that happens with my mortgage.

    • lovemypets00 - You'll need to forgive me, my social filter has cracked. says:

      I only had a BofA credit card, and only because the original bank was gobbled up by BofA. I closed it immediately, and I received a letter from BofA stating it was closed at my request. I still have the copy.

      I have a sinking feeling that someday I’ll get a collection letter, call, or something will go wrong with it somehow…I’m just glad I never had a mortgage with them.

    • Peggee has pearls and will clutch them when cashiers ask "YOU GOT A WIC CHECK MA'AM?" says:

      Given that you don’t even have to have a mortgage–with anyone–to be foreclosed upon with no recourse, yeah, by all means be terrified. I’m terrified and all I do is pay rent as a roommate.

      • MarkFL says:

        Theoretically you are correct. However, someone owns the building, and if they are foreclosed on, you’re screwed. And as a renter you have even fewer rights in this situation than the person who took out the mortgage.

  8. bhr says:

    All those clamoring for government regulation should read tfa. The government (and new lender) are the ones who screwed this up.

    But this does illustrate a great lesson. Never ignore letters from your creditors and always document everything.

    • RevancheRM says:

      By government, do you mean lack of state government action. Since Georgia clearly prefers corporate/free market will without judicial oversight when it comes to its citizen’s mortgages.

  9. Sudonum says:

    How were they to know? how about this part…
    “….but her attorney says checking property records before her home was foreclosed should’ve shown that by the time BofA was involved, she already had a new mortgage.”
    Granted it says “should’ve” instead of “would’ve” but as someone who searches property records at the county courthouse somewhat regularly spending a half hour or less doing a simple title search would have made this apparent. B of A owes it to all parties to make sure they actually HAVE a mortgage on a property before foreclosing, especially one they allegedly received from a failed bank.

    But I do agree that she should not have ignored the letters.

  10. crispyduck13 says:

    Corporations are people until they ruin someone’s life out of negligence, then they are just business entities who are fined/pay out a fat settlement to shut everyone up.

    Got it.

  11. CrazyEyed says:

    For as much as I blame the OP on most foreclosure stories, this one appears to be 100% FK Up by both lenders. Why is she still out of the home? She could easily sue and get her home back, plus a nice settlement.

    • MarkFL says:

      Not sure if she can get her home back if whoever took the title sells it to a fourth party.

  12. oldwiz65 says:

    The whole mortgage mess shows show much the laws are hugely on the side of the banks – consumers count for very little; the legal system usually only cares about the interests of businesses.

    Considering that they say “corporations are people too” Id love to see BofA try to wipe their ****; bet they couldn’t do it. Their whole culture is rooted in “we don’t make mistakes” therefore there is nothing in their rules to allow anything to be fixed.

  13. Obbop says:

    Nothing short of a full-scale military coup can “fix” the USA.

    The federal government and our entire economic system must be destroyed and rebuilt anew of these same incidents and affairs along with a multitude of other sins against the commoner class; We, the People, will continue indefinitely.

  14. JonBoy470 says:

    I’m going to take a different tack on this. It’s a house, and a mortgage, so there’s a paper trail. Assuming the transactions associated with this house occurred within the last few years (which seems reasonable, from reading the post) there is no reasonable excuse why this paper trail wouldn’t exist electronically and be able to be summoned at will with negligible effort. This is 2012 after all. Summoning this paper trail and insuring all is in order prior to foreclosure is completely within the realm of possibility. To fail to do is thus unacceptable. Sue the pants off Bank of Scamerica!

  15. SoCalGNX says:

    You can bet that any time she tried to contact them for help, she got the run around and lied to because that is how B of A rolls.

  16. GodfreyOriole says:

    Can this happen if you have a mortgage with a credit union and BofA has never even touched your mortgage?

  17. selmorestuff says:

    It could be Bushes fault. But it is not.
    in the 90’s (Clinton era) Brooksley Born warned Clinton and his ‘brain trust’ (geitner, Ruben, summers) of the impending meltdown.
    Most people are too stupid to figure this out on their own. They would rather say bush destroyed everything.
    Idiots that can’t think on their own should not be allowed to vote.
    Oh, one final thing. Obama tripled our debt. You like debt?

    • Dracoster says:

      Obama has tripled the debt because Bush started two wars, which Obama had to deal with. Also, the so-called “obama-debt” started while Bush was in power. And it continue to grow regardless who wins this year’s election. And probably the next.

      And yes, while Clinton was warned of a meltdown, Bush’s two wars (which USA started, Iraq and Afghanistan did not attack you) triggered the meltdown.

  18. FedUp says:

    Everyone seems to think that Bank of America is following the rules now. Bank of America is bullying me on a regular basis. They are trying to make me do a home modification. I have an attorney but they seem to ignore that fact. They tried to steal property that I don’t have a mortgage on. They have stole Insurance money from me. They send people out to peep in my windows. They call me & my work place on a regular basis. They send me threatning foreclosure letters. They report on my credit that I am not making payments. I AM NOT BEHIND ON MY PAYMENTS!!! This has been going on since 2009. They are absolutley driving me & my family crazy. Bank of America is the most Corrupt Organization Ever. I failed to mention they put me on Forced Flood Insurance. The people showing up at my house tell me they will go in my house & do as they please because they work for Bank of America & it is their house!!! My daughter is terrified!!!! WHERE IS JUSTICE IN GEORGIA!!!!

  19. PollyHaerk says:

    I’m going to talk about two things: Common Sense and Legality.

    1)Common Sense: Don’t ignore notices of delinquent accounts sent to you. Even if you know that the claim of delinquency is not “right”, DON’T IGNORE IT. Don’t call another lender either and ask them; One lender cannot answer for another. Did she ever call BOA and ask them what was up? Even if you know something isn’t right, its your responsibility as a consumer to dispute and pursue resolution when you receive notices of something that isn’t right. Would you call your credit card or utility company if they sacked you with late fees for something you paid on time? Or if they sent you to collections for an account paid in full? Georgia is in fact a “power of sale” state, meaning that you will receive a “30 Day Demand Letter” for payment and more than 30 days (and in absence of payment) , you will receive a notice of foreclosure. After that? The sale date runs in the paper and the info rolls as a matter of public record. There are many power of sale states. Don’t ignore delinquent mortgage notices .

    2) Legality. The new mortgage company would have purchased a “Lenders Title Policy” that guaranteed them 1st mortgage position. The reality isn’t that some mastermind legalese is sitting on the other end of the phone answering your questions when you call them. This means a local attorney told the mortgage company they would get 1st lien and a national title guarantor will defend their position if questioned or make them whole in the event they lose 1st position. Once the new mortgage company found out about these events, their first response would be to file a claim on their policy because they too have lost their security deed. It will for sure be cheaper for the title guarantor to appeal and make this right than it is for them to fork over the payoff on the new loan.
    Georgia Law also permits an attorney who closed a loan and issued payoff to a senior lien holder (like this, a refinance would have required) to file an affidavit in the public record, together with the HUD and evidence of transfer of funds, to mark a lien “paid in full”.

    In the event you refinance a home and after your closing, you are told something wasn’t paid off, go straight back to title company/attorney’s office, and stomp your feet until its fixed. It doesn’t even have to be the old mortgage you paid off.. people use refi’s to pay off credit cards, etc etc etc. You go right back to them if something that was supposed to be paid off wasn’t. This alone could have stopped the Foreclosure deed in its tracks before it happened.