They provided "clear and convincing evidence of fraud" to a Duval County, Florida Judge who agreed! He found that WAMU, Chase Bank and the Florida law firm Shapiro & Fishman, (currently under investigation) were all guilty of attempting to commit fraud in his courtroom.
The banks claimed they owned the note and mortgage -- they didn't.
They were merely the servicers of the mortgage and neither WAMU or Chase had the right to foreclose...but that didn't stop them from trying.
The Judge would!
Not only did Judge Jean Johnson dismiss the case -with prejudice, not to be tried again, but the judge found that WAMU and Chase were guilty of knowingly committing fraud against Pocopanni's using his courtroom to do so. And that's something judges rarely like!
The Judge's complete ruling can be found below. Here are a few key findings;
10. The court finds Chase, WAMU, and CTX are without standing to pursue this foreclosure action. The Court further finds that Shapiro & Fishman, at all times material, filed the Complaint, the Assignment, and the Motion for Substitution with actual knowledge that the averments and representations made in those papers were false.
11. The court find by clear and convincing evidence that WAMU, Chase, and Shapiro and Fishman committed fraud on this court.
12. The Court finds that WAMU and Chase made representations to this Court during the course of the instant action that are known to be false. The Court also finds that Shapiro & Fishman had actual knowledge of the falsity of any averments and representations made on behalf of the current servicer of the Mortgage...
13.The court finds by clear and convincing evidence that these acts committed by WAMU, Chase and Shapiro & Fishman amount to a "knowing deception intended to prevent the defendants from discovery essential to defending the claim: and are therefore fraud.
See the full PDF findings: CASE NO.: 16-2008-CA-3989
Kudos to Judge Johnson, attorney Parker, the Pocopanni's and the other judges, attorneys, homeowners and activists that keep fighting against mortgage servicing fraud! If we can't expect to uphold the truth in our courtrooms, -then where? What will happen to our justice system if this type of fraud is allowed to continue?
Hopefully, more and more judges across the country, will continue to take a stand against fraud in their courtrooms and help put a stop illegal foreclosures.
There are plenty of wrongful foreclosures and mortgage servicing stories out there. Read here & here.