In the Fourth Judicial Circuit Court in Duval County Florida in a court case of JP Mortgage Chase Bank versus two homeowners willing to defend their position, the court found JP Mortgage Chase, Washington Mutual Bank and their attorneys guilty of presenting false assignments of mortgage so they could foreclose on the property (Case No: 16-2008-CA-3989, Division CV-D).   The courts found clear and convincing evidence that WAMU, Chase and their attorneys committed fraud in the Court.  Caught with their pants down after the defendants discovered that WAMU presented themselves as holders of the note and mortgage rather than just servicers, the bank's attorneys pleaded the case of "oops" and stated that they made "clerical errors" when presenting this false information.  

   The court also knew when WAMU and their attorney submitted the Assignment of Mortgage to the Court, the assignment did not accurately depict the property party of interest legally able to foreclose. The bank's attorneys itself had prepared a false assignment of mortgage naming the original note holder as assignor and Fannie Mae as assignee as support for the foreclosure judgment.   But it was WAMU/Chase that was the foreclosing entity who were only servicers, not the note holder.  Public record deemed that only Fannie Mae was the only party of interest able to foreclose, not the servicer WAMU/Chase.  WAMU and JP Mortgage Chase had no standing to pursue the foreclosure action.   The Court found "clear and convincing evidence" that these acts committed by Washington Mutual, Chase, and their attorneys amounted to a "knowing deception intended to prevent the defendants from discovery essential to defending the claim" and therefore fraud.

   The case was Dismissed with Prejudice for fraud on the court.  The defendant was able to amend the motion to recover their attorney's fees and costs, but Chase, WAMU and their attorneys got off scott free.  So although the homeowners won the case, there were no punitive fines or the like against Chase or WAMU in their deception, lies and illegal proceedings they committed.  

   So if these banks take the liberty of foreclosing on mortgages as merely servicers, when it has no legal ground for such an action, who knows how many homes have been foreclosed upon illegally.  It's time to start delving into the details of your mortgage, whether you are in distress or not.  This fraud is much more pervasive than most of the public is aware of.  A title search of your property in the county recorder's office should have on record who your true note holder is (unless it is in MERS).  If your note has been sold there must be an Assignment recorded for that entity to have legal standing to foreclose on the house, or be entitled to mortgage payments.