Boston, MA, August 15, 2014 Following a recent ruling by the MA Appeals Court allowing Appellant Mohan A. Harihar to file requests for Affirmative Relief, the Court has now denied, without cause, Mr. Harihars Motion requesting the validation of information on file with the Court; validation requests include information which has been either unsupported or not provided by Appellees Wells Fargo NA & US Bank. Since the Court has recently granted Mr. Harihar permission to file for new trial, validation is also necessary to ensure that previously requested Discovery evidence (consistently requested & never provided by Appellees), has not been illegally tampered with, lost, destroyed, etcIt is unclear at this time, why the Court has now changed its direction to validate/affirm court documents.
As previously reported, this 3 year Wrongful Foreclosure case is continuing to get more complex, and also more concerning. In addition to the abundance of evidence/information supporting Mr. Harihars consistent Civil & Criminal claims, this matter now involves: Constitutional infractions of the 14 th Amendment (Due Process & Equal Protection Rights), concerns of collusion and irrefutable conflict, and concerns regarding abuses of judicial discretion.
The amount of information in question is considerable. Without validation, a corrective path to this matter within this Commonwealth is in doubt. It is feared that the historical concerns experienced in the Lower Court(s), and as detailed in the Appellant Brief/Reply Brief, will be repeated if validation is not provided beforehand. 1
There are an estimated 65,000 Wrongful Foreclosures which exist in this Commonwealth alone, and over 4.2M across this Nation in just the measured timeframe of this Foreclosure Crisis. This Foreclosure/Financial Crisis, which has ruined so many lives including this Appellants and has critically harmed this Nations economy, is realized by everyone. State and Federal Legislators continue to search for ways which will repair the damage caused by these Appellees and others responsible for this Crisis thus far unsuccessfully.
While it seems clear, that wrongfully foreclosed homeowners should be able to file suit in effort to receive appropriate compensation for harm and damages incurred, this matter has over time evolved, and become an example of great concern; whether or not affected homeowners in this Commonwealth have ANY chance to rightfully receive appropriate and fair compensation, to repair damages caused and to move forward in rebuilding their lives.
What I have been through in this legal and overall ordeal no one person or family should ever have to experience. For now over 3 years, I have represented myself in this matter out of financial
1 Scroll down to view in its entirety the filed Motion requesting clarification and reconsideration, filed with the MA Appeals Court on Friday, 8/15/2014 by Appellant Mohan A. Harihar, followed by a request for assistance sent to the Massachusetts Office of the Inspector General. 2 necessity; I have forced the withdrawal of the initially retained Law firm to Appellee US Bank NA, who is also an Appellee in this matter and is under investigation by the MA Attorney General 2 ; I have provided supporting evidence and information in every Court evidence supporting not only the civil infractions stated, but also criminal infractions of (at minimum) - perjury, deceptive practices including FRAUD, fraudulent concealment/ misrepresentation, and aiding and abetting fraud. Ive also referenced numerous supporting Court cases, some involving not only the same issues, but the same Appellees and even retained counsel.
While addressing these Legal challenges on my own, I have also created a solution to this crisis a framework which addresses most, if not all variables involved, while repairing damage to the homeowner, assisting both National and Global Economic recovery, and without the need for added legislation or one tax dollar to implement. It has been reviewed or presented to parties including: the Deputy Chief Counsel of the House Finance Committee, the Senior Economic Advisor to a sitting US Senator, two (2) Attorneys General including the AG Office of this Commonwealth, a Congressional office, the Chairman of a Nationally ranked Strategic Communications firm, two (2) state Senators, and it has been sent to the Vice President of these United States at his request. Not one (1) of these parties has found flaw with this plan.
Ive been respectful to this and every Court, followed the law, and have clearly gone over and above, perhaps more so than any individual in this Commonwealth or Country to not only prove this case, but to also provide a solution to help ALL parties affected.
If these collective efforts are unsuccessful in even the validation of information, what chance is there of this, or any homeowner, successfully recovering ANY appropriate amount for damages incurred by the harm caused? What precedent does it set, and what message does it send to homeowners throughout this Commonwealth and across this Nation?
These concerns reinforce those already articulated in the Appellants Brief, Reply Brief, etc, and which now include clear concerns of collusion and irrefutable conflict, as previously stated. This Appellant maintains the intention to hold parties legally accountable for the harm and accruing damages associated in this matter; to assist the additional 4.2M parties similarly affected in this crisis; and to assist the DOJ in providing a path for future prosecution.
The Appellant respectfully requests that reconsideration be given in effort to validate/affirm information related to this matter and on file with this Court(s), so that a corrective path can finally be established within this Commonwealth, and a rebuilding process for this homeowner can begin.
With these collective concerns becoming more severe, The Massachusetts Inspector General Glenn A. Cunha, is now being asked to review & monitor this entire matter. Additional parties copied on the filed Motion include: Vice President Biden, Governor Deval Patrick (MA), US Senator Elizabeth Warren (MA), US Senator Ed Markey (MA), Congresswoman Nikki Tsongas (MA), Attorney General Martha Coakley (MA), Assistant Deputy Director Timothy Sheehan Consumer Financial Protection Bureau (CFPB), the US Attorneys office and the American Civil Liberties Union (ACLU).
For Further Media Information Contact : Mohan A. Harihar Email: mo.harihar@gmail.com Phone: 617.921.2526 (Mobile)
Follow on Twitter: Mohan Harihar@Mo_Harihar
2 Appellee Harmon Law Offices PC, under investigation by the MA Attorney General for Wrongful foreclosure & eviction practices. 3 COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX APPEALS COURT OF THE COMMONWEALTH DOCKET NO: 2013P1829
MOHAN A. HARIHAR
Appellant
vs.
US BANK NA, WELLS FARGO NA, HARMON LAW OFFICES PC, et al.
Appellees
MOTION - APPELLANT REQUEST FOR CLARIFICATION AND RECONSIDERATION
The Appellant, Mohan A. Harihar, respectfully submits to the Court this request for an itemized Clarification of the Courts August 7, 2014 decision, denying the Appellants request for validation.
After receiving the 7/24/2014 decision by this Court granting the Appellant permission to file a motion(s) seeking affirmative relief, it is unclear as to why a motion requesting validation of information filed with the Court (or not provided) has now been denied.
The amount of information in question is considerable. Without validation, a corrective path to this matter within this Commonwealth is in doubt. It is feared that the historical concerns experienced in the Lower Court(s), and as detailed in the Appellant Brief/Reply Brief, will be repeated if validation is not provided beforehand.
Itemized clarification is now respectfully requested for the following:
1. Is the Court stating that the decision(s) by Appellee Harmon Law Offices PC, not to file ANY Appellate Brief or opposition in this matter, does not create a clear 4 disconnect with information provided by Appellees US Bank NA and Wells Fargo NA? Please clarify.
2. Please clarify the decision not to validate and ensure the availability and integrity of critical Discovery evidence. Specifically, the recorded conversations during the 22- month loan modification process, between the Appellee - Wells Fargo NA (Mortgage Servicer) and the Appellant Mohan A. Harihar, which are believed to support (at minimum) Deceptive Practices (G.L. c. 93A, 2)by the Appellee(s). The purpose of the Order is to additionally validate if these recordings still exist or if they have been illegally tampered with, destroyed, lost, etc
3. Please clarify the decision denying the validation of foreclosure signatures on file.
4. Please clarify the decision to deny validating Chain of Title. Additionally, please clarify how foreclosure and eviction decisions have been allowed to stand, when constant requests to validate Chain of Title and Signatures on file are either ignored or denied.
5. Please clarify the decision to deny validating the irrefutable connection of this matter to the MA Attorney Generals - 3+ year ongoing investigation of Appellee Harmon Law Offices PC, for wrongful foreclosure and eviction practices.
6. Please clarify the decision denying the validation of unsupported claims of harassment, as stated by the Appellees.
7. Please clarify the decision denying the validation of irrefutable 14 th Amendment infractions pertaining to Due Process and Equal Protection Rights of the Appellant, Mohan A. Harihar.
8. Please provide clarification for denying the Appellants request for a special prosecutor to both civil and criminal actions related to the referenced foreclosure, particularly with the recently discovered concerns of Collusion and irrefutable conflict involving the Appellees retained Counsel Nelson Mullins LLP, the MA Attorney Generals Office and the US Attorneys Office.
5 9. Please provide clarification for denying the completion of the VALIDATION QUESTIONNAIRE, previously provided to the Appellees (Wells Fargo NA and US Bank NA), who have historically refused to answer?
10. Please provide clarification for denying an order requesting the assistance from the Internal Revenue Service (IRS), and also the Securities and Exchange Commission (SEC), particularly with complex validation concerns surrounding the associated Securitized Mortgage Trust, CMLTI 2006-AR1.
11. Please provide clarification denying the appointment of a special prosecutor to address the number of concerns (on multiple levels), involving the infringement of intellectual property of the Appellant, and increased risk to a project designed to assist the US and overall global economic recovery, as detailed in the filed Appellant Brief to Docket 2013-P-1829.
12. Please clarify the decision denying this Appellant to rightfully return to his home, thus correcting what is an irrefutable case of WRONGFUL DISPLACEMENT.
There are an estimated 65,000 Wrongful Foreclosures which exist in this Commonwealth alone, and over 4.2M across this Nation in just the measured timeframe of this Foreclosure Crisis. This Foreclosure/Financial Crisis, which has ruined so many lives including this Appellants and has critically harmed this Nations economy, is realized by everyone. State and Federal Legislators continue to search for ways which will repair the damage caused by these Appellees and others responsible for this Crisis thus far unsuccessfully.
While it seems clear, that wrongfully foreclosed homeowners should be able to file suit in effort to receive appropriate compensation for harm and damages incurred, this matter has over time evolved, and become an example of great concern; whether or not affected homeowners in this Commonwealth have ANY chance to rightfully receive appropriate and fair compensation, to repair damages caused and to move forward in rebuilding their lives.
What I have been through in this legal and overall ordeal no one person or family should ever have to experience. For now over 3 years, I have represented myself in this matter out of 6 financial necessity; I have forced the withdrawal of the initially retained Law firm to Appellee US Bank NA, who is also an Appellee in this matter and is under investigation by the MA Attorney General 3 ; I have provided supporting evidence and information in every Court evidence supporting not only the civil infractions stated, but also criminal infractions of (at minimum) - perjury, deceptive practices including FRAUD, fraudulent concealment/ misrepresentation, and aiding and abetting fraud. Ive also referenced numerous supporting Court cases, some involving not only the same issues, but the same Appellees and even retained counsel.
While addressing these Legal challenges on my own, I have also created a solution to this crisis a framework which addresses most, if not all variables involved, while repairing damage to the homeowner, assisting both National and Global Economic recovery, and without the need for added legislation or one tax dollar to implement. It has been reviewed or presented to parties including: the Deputy Chief Counsel of the House Finance Committee, the Senior Economic Advisor to a sitting US Senator, two (2) Attorneys General including the AG Office of this Commonwealth, a Congressional office, the Chairman of a Nationally ranked Strategic Communications firm, two (2) state Senators, and it has been sent to the Vice President of these United States at his request. Not one (1) of these parties has found flaw with this plan.
Ive been respectful to this and every Court, followed the law, and have clearly gone over and above, perhaps more so than any individual in this Commonwealth or Country to not only prove this case, but to also provide a solution to help ALL parties affected.
If these collective efforts are unsuccessful in even the validation of information, what is the chance of this, or any homeowner, successfully recovering ANY appropriate amount for damages incurred by the harm caused? What precedent does it set, and what message does it send to homeowners throughout this Commonwealth and across this Nation?
These concerns reinforce those already articulated in the Appellants Brief, Reply Brief, etc, and which now include clear concerns of collusion and irrefutable conflict, as previously stated. This Appellant maintains the intention to hold parties legally accountable for the harm and accruing
3 Appellee Harmon Law Offices PC 7 damages associated in this matter; to assist the additional 4.2M parties similarly affected in this crisis; and to assist the DOJ in providing a path for future prosecution.
The Appellant respectfully requests that reconsideration be given in effort to validate/affirm information related to this matter and on file with this Court(s), so that a corrective path can finally be established within this Commonwealth, and a rebuilding process for this homeowner can begin.
Due to the increasing concerns stated within this Motion, Appellant Brief, Reply Brief, etc a request to monitor this entire matter is being made to the Massachusetts Office of the Inspector General, and will include a copy of this Motion, along with additional supporting documents, already on file with the Court(s). Copies of this Motion are additionally sent to the following parties: Vice President Biden, MA Governor Deval Patrick, US Senator Elizabeth Warren (MA), US Senator Ed Markey (MA), Congresswoman Nikki Tsongas (MA), Attorney General Martha Coakley (MA), Assistant Deputy Director Timothy Sheehan Consumer Financial Protection Bureau (CFPB), the US Attorneys office and the American Civil Liberties Union (ACLU).
Forthcoming decisions will determine if it becomes necessary to file petition requesting a Writ of Certiorari, or if a petition to Congress for assistance in transferring this matter to Federal Court is deemed necessary.
It remains my sincere hope that a corrective path to this matter can still be achieved within this Commonwealth.
Thank you for your attention to this matter.
Respectfully submitted,
Mohan A. Harihar
8
August 15, 2014
VIA HAND DELIVERY Office of the Inspector General John W. McCormack State Office Building One Ashburton Place, Room 1311 Boston, MA 02108
RE: Growing Concerns Related to MA Foreclosure & Ongoing Litigation
Dear Inspector General Cunha: My name is Mohan A. Harihar I am a Massachusetts wrongfully foreclosed homeowner, in active litigation now for over 3 years, currently being heard in the MA Appeals Court Docket No: 2013-P-1829 (Also reference 2012-P-1515, 2013-P-0671). Since the initial rulings in the Lower Courts, an overwhelming amount of information has come forward in support of my consistent claims of civil and criminal misconduct against the referenced lenders and their retained counsel. In addition, this matter now includes irrefutable 14 th
Amendment infractions to Due Process and Equal Protection Rights, concerns of Collusion and Clear Conflict with ongoing litigation, and multiple abuses of Judicial discretion. The collective concerns related to this matter are many, and sadly question the integrity of the judicial system within this Commonwealth. It has unfortunately become necessary to request the assistance of your office, to review and monitor what has occurred here from inception to present day. I have included several documents filed with the Court to assist with your review: 1. Docket 2013-P-1829 Appellant Motion Requesting Clarification and Reconsideration. 2. Docket 2013-P-1829 Appellant Motion Requesting Validation. Mohan A. Harihar 168 Parkview Avenue Lowell, MA 01852 617.921.2526 (Mobile) 9 3. Docket 2013-P-1829 Appellant Reply to Appellees Opposition to initiate a validation process, and request for Special Prosecutor. 4. Docket 2013-P-1829 Appellant Brief. 5. Docket 2013-P-1829 Appellant Reply Brief. For additional questions regarding this matter, I can be reached directly via cell phone 617.921.2526. Thank you for your attention to this matter.
Sincerely, Mohan A. Harihar
Cc: Vice President Joe Biden Governor Deval Patrick (MA) US Senator Elizabeth Warren (MA) US Senator Ed Markey (MA) Congresswoman Nikki Tsongas (MA) Attorney General Martha Coakley (MA) Assistant Deputy Director Timothy Sheehan (CFPB) Christina Sterling, Spokesperson, DOJ (MA) Susan Herman (President, ACLU)
HARIHAR Extends Opportunity To Reach Settlement Agreement W/ Real Estate Brokers WEICHERT REALTORS/Daher Companies in Methuen, MA (Ref. HARIHAR V US BANK Et Al, Docket No. 15-cv-11880)
HARIHAR Files Notice w/ MA Superior Court: "MA AGO’S Continued Failures to Address Evidenced Criminal Violations of Record Shows Cause to Expand Upon Color of Law, Due Process, RICO Claims, etc., against the Commonwealth of Massachusetts"
In Addition to Civil/Criminal Penalties, HARIHAR Seeks Revocation of Professional Licensure from WEICHERT Real Estate Brokers - Ken and Mary Daher (Daher Companies - Methuen, MA)... Ref. HARIHAR v US BANK, et al, Docket No. 15-cv-11880
HARIHAR Slams Wells Fargo Executive, Showing Cause to Expand Upon Existing Claims of Slander/Defamation and Economic Espionage against Defendant - WELLS FARGO (Ref. HARIHAR v US BANK et al, Docket No. 15-cv-11880)
HARIHAR to K&L Gates Chairman Michael Caccese: " K&L Gates, LLP can now be credited for helping to publicly expose an unprecedented, and certainly egregious level of judicial abuse in both the MA State and Federal Judiciary..."
HARIHAR Updates National Association of REALTORS (NAR), Seeking Licensure Revocation for Evidenced Code of Ethics Violations by WEICHERT Realtors/Daher Companies in Massachusetts (Ref. HARIHAR v US BANK, et al, Docket No. 15-cv-11880)
HARIHAR Files NOTICE in MA Superior Court RE: Upcoming Congressional Meetings in March (2020) to Discuss the Ongoing Committee Investigation of Defendant - WELLS FARGO Consumer Abuses - Including the Plaintiff's Offer to Testify.
HARIHAR Brings Evidenced Obstruction of Justice Claims Involving RECUSED US District Court Judge - Hon. Allison Dale Burroughs and Referenced Clerks to the Attn of US Attorney Andrew Lelling (MA) and Deputy Chief Dan Jackson (AO US Courts)
HARIHAR Files NOTICE w/ MA Superior Court - Documenting Email to Mass AG Maura Healey and Extended Offer to Reach a Mutual Agreement with the DEFENDANT - Commonwealth of Massachusetts (Ref. HARIHAR v US BANK et al, Docket No. 15-cv-11880)
HARIHAR's NOTICE Officially Docketed w/ Massachusetts Superior Court, Exposing MA AGO's Failure (or REFUSAL) to Bring Criminal Indictments Against Defendants - WELLS FARGO, US BANK, Judicial Officers and other Named Defendants
HARIHAR's Increased Exposure of CORRUPTION Between Government and Bank Defendants - WELLS FARGO/US BANK Calls For Intervention by DOJ and US Secret Service To Enforce EO No. 13818
HARIHAR Evidences Incremental Criminal Violations Against WELLS FARGO, US BANK & Atty's for K&L Gates LLP, Including Misprision of Treason, Fraud, RICO and Economic Espionage (Ref. HARIHAR v US BANK et al, Docket No. 15-cv-11880)
BREAKING NEWS: HARIHAR's NEW Discovery Evidences UNDISCLOSED Conflict of Interest Between Middlesex Superior Court Judge - Hon. Janice W. Howe and her Husband - William Raveis Managing Partner (Andover, MA), Douglas Howe, Jr. (Ref. HARIHAR v WELLS FARGO, Docket No. 1981-cv-00050)
HARIHAR Brings Evidenced Obstruction of Justice Claims Under 18 U.S. Code § 1503 Against Disqualified MA Superior Court Judge - Hon. Janice W. Howe and Court Clerk (HARIHAR v WELLS FARGO et al, Docket No. 1981-cv-11880)
HARIHAR Exposes Tangled Web of Corruption in Massachusetts Courts - Involving Disqualified MA Superior Court Judge - Hon. Janice W. Howe, Her Husband - Real Estate Businessman Douglas Howe Jr. and Attorneys for Bank Defendants - WELLS FARGO, US Bank and MERS Inc.
HARIHAR Files EMERGENCY Motion for the Removal of Disqualified MA Superior Court Judge - Hon. Janice W. Howe, Including NEW Claims against Defendant - Commonwealth of Massachusetts in Related Fed Lawsuit (Ref. HARIHAR v US BANK et al, Docket No. 15-cv-11880)
HARIHAR Submits Whistleblower Form to House Financial Services Committee, calling out Evidenced Judicial Abuses, DOJ Failures and Nonfeasance by Legislative Leaders incl. 2020 Presidential Candidate - US Senator Elizabeth Warren (D-MA)