JD SUPRA-

In September 2012, the trial court entered a judgment on the stipulation in favor of the Kalickis. The judgment stated that the Kalickis owned the property and quieted title in their favor. It also found that Chase had executed and recorded false documentation purporting to transfer ownership of the Kalickis’ mortgage to Chase and that a Chase executive created a document in which Chase fraudulently represented that a prior assignment had been lost and that Chase owned the Kalickis’ mortgage. The judgment voided the fraudulent documents and enjoined Chase from recording any false or misleading documents representing that it owned the Kalickis’ mortgage.

The judgment against Chase established that Chase created false documents purporting to give it an ownership interest in the Kalickis’ loan and deed of trust. Accordingly, when Chase purchased WaMu, the Kalickis’ claims against WaMu became intertwined with Chase. Although the WaMu Conduct Claims were ultimately dismissed, this did not occur until after Chase admitted it did not hold an ownership interest in the loan and deed of trust.