if i refinance a home loan who is responsible for ensuring the prior bank sastifies the loan

Ouch -- this happens occastionally.  There is a solution to your problem IF you can locate records.  My first suggestion is that you locate all records concerning the 2004 refinance, including information showing that the 2003 mortgage was scheduled for payoff in that transaction.  Second, you propbably purchased mortgage title insurance in 2004. If you did, you might submit the matter to the title insurance carrier and see if they'll get the matter resolved for you.  Third, you should contact the settlement agent who handled the 2004 refinance and see if they'll help solve the problem.  However, if they sent the check and the problem is with the 2003 bank, the settlement agent might say "no our problem".  If there is no title insurance, and these other suggestions don't work, you might consider filing litigation to have the mortgage marked as satisfied.  That's more complex and costly but it is doable.