Jacksonville Trial Judge Bags Foreclosure Mill, Chase, WAMU For Fraud On The Court In Foreclosure Action; Dismisses Suit With Prejudice

In Jacksonville, Florida, Duval County Circuit Court Judge Jean Johnson dismissed with prejudice a foreclosure action against a local homeowner after making a finding of fraud on the court being committed by the plaintiffs and the foreclosure mill law firm representing them. One of the choice excerpts from paragraph 12-13 of the ruling (bold text is my emphasis, not in the original text:

• 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 acutal knowledge of the falsity of any averments and representations made on behalf of the current servicer of the Mortgage. Throughout the litigation, WAMU and Chase and Shapiro & Fishman have represented to this Court that plaintiff owns and holds the note and mortgage. It did so in its original complaint on March 27, 2008; in its First Amended Complaint filed on January 29, 2009 and in its Exparte Motion to Substitute Party Plaintiff on February 5, 2009. Moreover WAMU and Shapiro & Fishman created a false Assignment of Mortgage dated April 11, 2008 as evidence of these assertions.

• 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 discovery essential to defending the claim" and are therefore fraud. Gerhmann v. City of Orland, 962 So. 2nd. 1059, 1061 (Fla. 5th DCA 2007).(1)

For the ruling, see JP Morgan Chase Bank v. Pocopanni, Case # 16-2008-CA-3989 (Fla. Cir. Ct. 4th Dist. Duval County, August 9, 2010).

The homeowner was represented by Chip Parker, Jacksonville, Florida.

Thanks to Carrie Luft for the heads up on this ruling.

(1) Possibly in an attempt to slither its way out of any possible trouble, the foreclosure mill law firm Shapiro & Fishman, who originally represented the foreclosing bank, apparently had itself replaced as attorney of record during the proceedings by Greenspoon Marder, P.A. The latter, possibly because it wanted to avoid being "soiled" by the "sewage" it found itself involved in, was replaced by Shapiro & Fishman (a 2nd appearance in the proceedings for this outfit). Finally, a third law firm, Greenberg Traurig P.A. filed a notice of appearance in this matter and was the only counsel of record appearing at the hearing which resulted in Judge Johnson's ruling.

I wonder if this attepted "fancy footwork" by the foreclosure mills is common when their allegedly bogus paperwork is challenged in a proceeding where the presiding judge refuses to "roll over" and simply rubber-stamp the foreclosure judgment. For another example of this, see Fla. Foreclosure Mill Voluntarily Withdraws Lawsuit After Being Caught Using Dubious Mortgage Assignment; Efforts Begin Again With Different Law Firm.