Who cares?
Should the banks not be forced to follow black letter law in foreclosure, or any of situation for that matter? That is the question.
Furthermore, as the person being foreclosed on, wouldn't YOU want the bank to be able to prove they actually own the property or have interest in it that legally allows them to foreclose? Or would you just hand the keys to any asshole attorney with a stack of papers?
How about if you purchased some of those MBS's way back in their prime? After the pounding you have taken if you found out the MBS might have been misrepresented and therefore fraudulent and you could legally make the bank repurchase it from you at full price, would you? Or would you just say that you got scammed fair and square and eat the losses?
Lastly, if the banks do not care about the legally protected due process of its customers, why should they care about the due process of the bank? Turnabout is fairplay is it not?