ma inspector general asked to review & monitor 3 ½ yr wrongful foreclosure case
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MA Inspector General asked to Review & Monitor 3 ½ Yr Wrongful Foreclosure CaseTRANSCRIPT
FOR IMMEDIATE RELEASE
MA Inspector General is asked to Review & Monitor 3 ½ Year Wrongful Foreclosure Case 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. Harihar’s 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, etc…It is unclear at this time, why the Court has now changed its direction to validate/affirm court documents. As previously reported, this 3 ½ year Wrongful Foreclosure case is continuing to get more complex, and also more concerning. In addition to the abundance of evidence/information supporting Mr. Harihar’s 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.”
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“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 Appellant’s and has critically harmed this Nation’s 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 ½ 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. I’ve 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.” “I’ve 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 Appellant’s 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 Attorney’s office and the American Civil Liberties Union (ACLU). For Further Media Information Contact : Mohan A. Harihar Email: [email protected] 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.
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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 Court’s
August 7, 2014 decision, denying the Appellant’s 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
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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
General’s - 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 14th Amendment infractions pertaining to Due
Process and Equal Protection Rights of the Appellant,
Mohan A. Harihar.
8. Please provide clarification for denying the Appellant’s 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
General’s Office and the US Attorney’s Office.
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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 Appellant’s and has critically harmed this
Nation’s 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 ½ 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 General3; 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. I’ve 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.
I’ve 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
Appellant’s 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
Attorney’s 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
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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 ½ 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 14th
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)
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3. Docket 2013-P-1829 Appellant Reply to Appellee’s 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)