From the link:
Banks trying to foreclose on homeowners are hitting another roadblock, as some delinquent borrowers (and many in good standing) are successfully arguing that their mortgage companies can't prove they own the loans and therefore don't have the right to foreclose (or the right to take payments).
These "show me the paper" cases have been winding through the courts for several years. But in recent months, some judges have been siding with borrowers and stopping foreclosures after concluding that banks' paperwork problems are more serious than previously thought and raise broader ethical questions.
If a bank can't show that they own the house they shouldn't be able to foreclose.
If I miss my car payments, Chrysler Financial can repossess my truck
because they have the title. How can a bank foreclose if they don't have the title? Or accept payment for that matter? They can't and they shouldn't be able to. It doesn't matter if you're behind in payments.
When the Investment Banks bundles all those subprime mortgages and sold them many times over to different people and investors, they lost track of the title.
Only the actual owner can demand payments and foreclose. That's what this case is really about and the Banks are beginning to get nervous.