Mortgage Servicers Breaching Duties?

This story on mortgage servicers leads me to question how these mortgage backed securities were drafted. One might imagine that when these mortgages were packaged together, they gave wide latitude to the servicers as to how to deal with defaults. If they do have some latitude, then they might be able to say that this is a permissible practice, one where they pay less to related companies than if the companies were unrelated.

Of course, another way to view this practice is that it is a breach of fiduciary duty, a breach of the duty of loyalty to the investors who bought these securities. Failure to mitigate losses for the principal in favor of enriching oneself is a classic breach of the fiduciary duty of loyalty. Even if it isn't that, it might be a breach of the duty of good faith that adheres to all contracts. If these servicers are dinging each of these foreclosures for fees because that means more money for them, versus reduced losses to the investors, that almost certainly is a breach of some duty. I'm just wondering when those who own those securities will begin suing over these types of practices.