ma foreclosed homeowner files motion to overturn unlawful foreclosure eviction

8/11/2019 MA Foreclosed Homeowner Files Motion to Overturn Unlawful Foreclosure Eviction.

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FOR IMMEDIATE RELEASE

MA Foreclosed Homeowner Files Motion to OverturnUnlawful Foreclosure Eviction.

Boston, MA, October 3, 2014 In a Motion filed today with the MA Appeals Court, wrongfullyforeclosed homeowner Mohan A. Harihar, is calling for the Court to recognize and correct, what isclearly viewed as an unlawful eviction/displacement.

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In addition to causing unnecessary harm and accruing damages to this Appellant, thisunlawfu l evict ion now unnecessar i ly b r ings increased legal r isk to addi t ional part ies, inc lud ing

Real Estate professionals and p art ies w ho have now entered into co ntract wi th the intent to

purchase the referenced wrongfu l foreclosure; thus al ign ing wi th an abund ance and sti l lg rowing l is t of doc umented and supported civ i l and cr iminal miscond uct against these

Appel lees2, including FRAUD.

Recent developments in this 3 year foreclosure battle now additionally include the confirmation ofFraudulent mortgage assignments by nationally recognized Fraud Expert - Lynn Syzmoniak. Mr.Harihar is now actively pursuing perjury charges against Appellees who continue to state ZEROmisconduct associated with this matter. Criminal complaints are now additionally filed against thelisting Real Estate Broker Weichert Realtors/Daher Properties, located in Methuen, MA, and

also the party who has decided to enter into contract with the intention of purchasing the referencedwrongful foreclosure. A temporary restraining order (TRO) has been requested, to remove thereferenced wrongful foreclosure from the market while in active litigation, in an effort to protect otherreal estate professionals and potential homebuyers from certain legal risk.

For Further Media Information Contact: Mohan A. HariharEmail:[email protected]: 617.921.2526 (Mobile)

Follow on Twitter:Mohan Harihar@MH_Foreclosur1

1Scroll down to view Motion filed with the MA Appeals Court, in its entirety.2Referenced AppelleesUS Bank NA, Wells Fargo NA, CMLTI 2006-AR1 and Harmon Law Offices PC.
mailto:[email protected]:[email protected]:[email protected]:[email protected]


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This Appellant is grateful, that this Court has recognized the

evidence and information which continues to come forth in

support of his consistent claims, thus allowing for new trial

to be filed. However, it does not correct the unlawful and

damaging homeless position of the Appellant while this legal

matter proceeds, and has been cause for additional legal action

to be taken against multiple parties:

1.After reviewing an Ethics complaint filed with TheNortheast Association of Realtors (NEAR), the Grievance

Committee has decided to move forward with a hearing

regarding multiple Ethics violations against the listing

Real Estate Broker, Weichert Realtors Daher Properties,

located in Methuen, MA, (whose client is Appellee Wells

Fargo NA).

2.Additional Criminal complaints are now filed with the MAAttorney Generals Office, against Weichert Realtors

Daher Companies and also the party who has entered into

contract with the intent to purchase the referenced

wrongful foreclosure.4Appellee Wells Fargo NA has thus

far refused to reveal the name of the party under

contract.

3.These additional parties will also be included in thisrelated civil action upon filing for new trial.

The Court is already aware of a number of legal and legitimatereasons why this eviction order should never have been allowed

to begin with, beginning with the irrefutable negligence by the

Northeast Housing Court, and the failure to deliver to this

Court, a Notice of Appeal. This negligence is irrefutable,

constitutes 14thAmendment infractions to Due Process and Equal

Protection Rights, has been completely ignored by the Court(s),

and in itself clearly justifies the reversal of this unlawful

eviction. Transfer of venue when filing for new trial is

clearly warranted considering this act of negligence and the

noted abuses of judicial discretion experienced in the

Northeast Housing Court.5

4See Exhibit A to view criminal complaints on file with the MA

Office of the Attorney General, against Appellees, Weichert

Realtors Daher Companies, and the unidentified party now

under contract.5See the filed Appellant Brief associated with this Docket No.

2013-P-1829, which articulates the irrefutable negligence


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This Court is already aware, that the lengthy and still growing

list of information and evidence, supporting this Appellants

consistent claims, and on record with the Court(s), includes

(but is not limited to): Testimony from a Fraud Expert

confirming related Fraudulent misconduct connected to this

matter and these Appellees; misconduct identified by both the

MA Office of the Attorney General and Federal Bank Regulators;

numerous supporting Court cases; Foreclosure Manuals of

Appellee Wells Fargo; Documented evidence related to this

matter supporting Collusion and irrefutable conflict involving

the MA Attorney Generals Office, the US Attorneys Office, and

the retained counsel Nelson Mullins LLP; and multiple abuses

of judicial discretion.

The Appellant respectfully reminds the Court, with the

abundance of supporting evidence coming forth, and the pursuit

of perjury charges against these Appellees, there continues to

be NO rebuttal, argument, or opposition, contesting any of

these violations from Appellee Harmon Law Offices PC, on ANY

level (civil or criminal including Fraud, perjury, fraudulent

concealment, fraudulent misrepresentation, etc). There has

been NO denial by the Attorney General, the US Attorneys

Office or Nelson Mullins LLP regarding the documented evidence

of Collusion and Conflict with this matter All of whom have

been well informed, updated and included with the filings to

the Court(s).

The Appellant respectfully brings to this Courts attention,that upon review of the supporting cases submitted over three

(3) years by the Appellee(s), there does not appear to be one

(1) example provided, which reflects circumstances equivalent

to this matter.Specifically, no case example has been provided

to the Court(s) that includes the magnitude of documented civil

and criminal misconduct as does this matter. In fact, the

Appellant does not believe there to be a single case decision,

in this Commonwealth, or any state in the Nation, which

articulates and provides justification in lieu of documented

civil and criminal misconduct, collusion, conflict and the

confirmation of Fraud by a Fraud Expert.Therefore, all suchrelated arguments by Appellees, and their impact toALLrelated

decisions, respectfully, must be consideredVOID. Any continued

argument by opposing parties attempting to claim ZERO

exemplified by the Northeast Housing Court as well as multiple

abuses of judicial discretion.


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misconduct associated with this matter, further justifies civil

and criminal accountability.

While the Appellant is preparing to address all of these

matters in the forthcoming new trial(s), the Court is aware

that a request has been made to the Attorney Generals Office

for mediation regarding the filed criminal complaints, and

similarly with this Court regarding these civil actions. In the

meantime, unnecessary harm to this Appellant clearly warrants

for this Court to initiate corrective action, beginning with

the reversal of this unlawful eviction.

The Appellant respectfully requests, that the referenced

eviction order is reversed, thus allowing the Appellant to

rightfully return to his home while these civil and criminal

matters proceed, and that injunctive relief be assessed

regarding all costs associated with the harm and damages

associated with the wrongful displacement of the Appellant.

A request for injunctive relief is additionally made for an

order/TRO6to remove the referenced foreclosure listing from

the real estate market while these civil and criminal matters

proceed, to avoid any additional and unnecessary risk and/or

harm to this Appellant, and to protect additional parties from

certain legal risk.

If there areANYadditional questions, or if there is a need to

supplyANYadditional supporting documentation over and above

what has already been filed with the Court, this Appellant ishappy to answer and/or provide upon request.

Due to the increasing complexity of this matter, multiple

parties are copied on the filing of this Motion including: Vice

President Joe Biden, the Office of the MA Inspector General, US

Senator Elizabeth Warren (MA), US Senator Ed Markey (MA),

Governor Deval Patrick (MA), US Congresswoman Niki Tsongas

(MA), Maura Healey (MA - Chief of the Public Protection &

Advocacy Bureau), the US Attorneys Office, the Consumer

Financial Protection Bureau (CFPB), the American Civil

Liberties Union (ACLU), and the managing partners of NelsonMullins LLP.

6TRO Temporary Restraining Order


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Respectfully submitted,

Mohan A. Harihar

Pro Se

168 Parkview Avenue

Lowell, MA 01852

617.921.2526 (Mobile)

ma foreclosed homeowner files motion to overturn unlawful foreclosure eviction

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