Sounds like a normal corrollary of the massive ongoing foreclosure fraud, where lenders have been SO ANXIOUS to sell their loans to brokers who package them up into CDOs and MDOs that in the end nobody knows who owns what. There's a real question about the legitimacy of foreclosure procedings if the bank can't prove ownership of the loan anymore -- it's long ago been passed off to other entities who have no intention of "servicing the loan" or maintaining control or even care about repayment. To them it was just a securitization instrument. Homeowners who fall behind in their mortgages -- because they lost their job, or simply because they owe more than the damn place it worth -- should go to court to force the bank to show ownership.
Without it, they cannot foreclose.