Is it fraud if a mortgagee who has on sold a mortgage, pursues the mortgagor through the courts even though the mortgagee knows it has no legal or equitable right to do so

Yes, it could potentially be considered fraud if a mortgagee who has transferred (or on-sold) a mortgage pursues the mortgagor through the courts without having the legal or equitable right to do so. This situation could involve various legal principles including fraud, misrepresentation, or abuse of process. Key factors to consider include: 1. **Legal Standing**: The mortgagee must have legal standing to pursue the mortgagor. If the mortgage has been legally transferred to another party, the original mortgagee typically does not have the right to enforce the mortgage or collect payments. 2. **Knowledge of Lack of Rights**: If the mortgagee knowingly pursues the mortgagor despite being aware that they no longer hold the mortgage, this could indicate an intent to deceive the court or the mortgagor. 3. **Intent to Defraud**: For an action to be considered fraud, there generally needs to be an intention to deceive, which might be demonstrated by the original mortgagee's actions and knowledge. 4. **Potential Consequences**: Depending on jurisdiction, pursuing a claim without standing may lead to legal penalties, sanctions, or liability for damages to the mortgagor. If someone finds themselves in this situation, they should seek legal advice from a qualified attorney who can provide guidance based on the specific facts and applicable laws in their jurisdiction.