If the original mortgage-holder has sold the loan, but nobody has notified the “home owner”, how can he be held responsible for sending the payment to the wrong company?
If the servicing company is not doing this properly then the servicing company is the one that should ultimately be out of pocket.
However, the servicing company might argue otherwise and the homeowner would have to go to court to prove otherwise.
If the banks can keep these cases separated then they can prevail by strength of their legal resources. However, if an enterprising law firm could turn a bunch of similar cases into a class action then the tide could turn in favor of the homeowners.