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The escrow company is definitely doing something inappropriate. They, at a minimum, appear to have breach a fiduciary duty to you. The escrow company was supposed to properly identify all liens on the property and pay them off. Even if the money was returned, they still have the duty to investigate the situation to be sure that they are not exposing you to liability.
It seems that the error is on the side of your escrow agent and not necessarily the bank that is foreclosing. My suggestion is that you contact an attorney to defend you in the foreclosure and potentially file an action against the escrow company/agent.
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