media alert - 4-10-14

6
 FOR IMMEDIATE RELEASE WRONGFULLY FORECLOSED, AND NOW WRONGFULLY DISPLACED HOMEOWNER FILES NEGLIGENCE COMPLAINT AGAINST CLERK MAGISTRATE OF THE NORTHEAST HOUSING COURT IN MASSACHUSETTS Lowell, MA, April 10, 2014  Wrongfully foreclosed, and now wrongfully displaced homeowner  Mohan A. Harihar  is now filing a complaint against Clerk Magistrate  Susan Trippi of the Northeast Housing Court in Massachusetts, citing negligence for failing to assemble a record for Appeal which has led to the WRONGFUL DISPLACEMENT of Mohan  A. Harihar, additionally impacting DUE PROCESS AND EQUAL PROTECTION RIGHTS (See attached complaint in its entirety for additional detail). Separately, Mr. Harihar has also filed for a subpoena with the Commonwealth , requesting that the Attorney General’s Office prov ide a communication which supports that the referenced foreclosure and eviction directly coincides with the Attorney General’s 3+ year ongoing investigation of Harmon Law Offices PC.* Since the pro se efforts to battle a wrongful foreclosure began over 3 years ago, new evidence and information has steadily come forth in support of Mr. Harihar’s consistent claims, which in addition to ongoing civil litigation in the MA Appeals Court, documents support criminal misconduct against the referenced lender, mortgage servicer, the associated securitized mortgage trust, and their retained counsel.** Mr. Harihar is now seeking an experienced and qualified Massachusetts Law Firm to  join this legal effort in addressing the docu mented civil and criminal misconduct associated with this matter. Interested Law Firms are encouraged to contact Mr. Harihar directly  617.921.2526 (Mobile).  As previously reported, criminal compl aints are filed at both state and federal levels. Documented criminal infractions stated within the complaint(s) are entirely fact based and include, but are not limited to: Fraud, Deceptive practices, fraudulent concealment, fraudulent misrepresentation, aiding and abetting fraud and perjury . *** . * Since the recent filing of both state and federal criminal complaints, information has been uncovered by Mr. Harihar which reveals that Harmon Law Offices PC is directly tied to disbarred FL foreclosure kingpin David Stern. Mark Harmon, founder & President of Harmon Law Offices PC, served as Director of DJSP Enterprises, a company created by Stern, and considered one of America's largest foreclosure servicers. Harmon Law Offices has been under investigation by the MA Office of the Attorney General since 2010, for infractions related to foreclosure and eviction practices. The timeline of the Attorney General’s investigation also coincides with Harmon’s withdrawal as counsel from the foreclosure case involving Mr. Harihar.

Upload: mohan-harihar

Post on 09-Feb-2018

217 views

Category:

Documents


0 download

TRANSCRIPT

7/22/2019 Media Alert - 4-10-14

http://slidepdf.com/reader/full/media-alert-4-10-14 1/6

 FOR IMMEDIATE RELEASE

WRONGFULLY FORECLOSED, AND NOW WRONGFULLYDISPLACED HOMEOWNER FILES NEGLIGENCE COMPLAINTAGAINST CLERK MAGISTRATE OF THE NORTHEAST HOUSINGCOURT IN MASSACHUSETTS

Lowell, MA, April 10, 2014 – Wrongfully foreclosed, and now wrongfully displacedhomeowner – Mohan A. Harihar  is now filing a complaint against Clerk Magistrate – SusanTrippi of the Northeast Housing Court in Massachusetts, citing negligence for failing to

assemble a record for Appeal which has led to the WRONGFUL DISPLACEMENT of Mohan A. Harihar, additionally impacting DUE PROCESS AND EQUAL PROTECTION RIGHTS (See attached complaint in its entirety for additional detail).

Separately, Mr. Harihar has also filed for a subpoena with the Commonwealth, requestingthat the Attorney General’s Office provide a communication which supports that thereferenced foreclosure and eviction directly coincides with the Attorney General’s 3+year ongoing investigation of Harmon Law Offices PC.*

Since the pro se efforts to battle a wrongful foreclosure began over 3 years ago, newevidence and information has steadily come forth in support of Mr. Harihar’s consistentclaims, which in addition to ongoing civil litigation in the MA Appeals Court, documentssupport criminal misconduct against the referenced lender, mortgage servicer, the associatedsecuritized mortgage trust, and their retained counsel.**

Mr. Harihar is now seeking an experienced and qualified Massachusetts Law Firm to join this legal effort in addressing the documented civil and criminal misconductassociated with this matter. Interested Law Firms are encouraged to contact Mr.Harihar directly – 617.921.2526 (Mobile). 

 As previously reported, criminal complaints are filed at both state and federal levels.

Documented criminal infractions stated within the complaint(s) are entirely fact based andinclude, but are not limited to: Fraud, Deceptive practices, fraudulent concealment,fraudulent misrepresentation, aiding and abetting fraud and perjury. ***

.

* Since the recent filing of both state and federal criminal complaints, information has been uncovered by Mr.

Harihar which reveals that Harmon Law Offices PC is directly tied to disbarred FL foreclosure kingpinDavid Stern. Mark Harmon, founder & President of Harmon Law Offices PC, served as Director of DJSPEnterprises, a company created by Stern, and considered one of America's largest foreclosure servicers.Harmon Law Offices has been under investigation by the MA Office of the Attorney General since 2010,for infractions related to foreclosure and eviction practices. The timeline of the Attorney General’s

investigation also coincides with Harmon’s withdrawal as counsel from the foreclosure case involvingMr. Harihar.

7/22/2019 Media Alert - 4-10-14

http://slidepdf.com/reader/full/media-alert-4-10-14 2/6

 

** Documented misconduct against multiple parties include: US Bank NA, Wells Fargo NA, the securitizedmortgage trust CMLTI 2006-AR1, Nelson Mullins LLP – specifically Senior Associate David E. Fialkow,Managing Partner Peter Haley, Nelson Mullins LLP in its entirety, and Harmon Law Offices PC.

*** Criminal complaints against referenced parties are filed with the MA Office of the Attorney General and

additionally with the Fraud Investigations Unit of the FBI.

For Further Media Information Contact :

Mohan A. HariharEmail: [email protected] Phone: 617.921.2526

Follow on Twitter: Mohan Harihar@Mo_Harihar

7/22/2019 Media Alert - 4-10-14

http://slidepdf.com/reader/full/media-alert-4-10-14 3/6

 

 April 10, 2014

Committee on Professional Responsibility for Clerks of the Court

 Attn: Thomas AmbrosinoJohn Adams Courthouse, Room 25001 Pemberton SquareBoston, MA 02108RE: Official Complaint filed against Susan Trippi, Northeast Housing Court

VIA US MAIL

Mr. Ambrosino:

My name is Mohan A. Harihar, and I wish to file an official complaint under Superior Court Rule 3:13 against SusanTrippi – Clerk Magistrate of the Northeast Housing Court for Middlesex County, whose negligence in failing toassemble a record for Appeal has led to the WRONGFUL DISPLACEMENT  of Mohan A. Harihar, additionallyimpacting DUE PROCESS AND EQUAL PROTECTION RIGHTS.

This matter is related to my 3+ year ongoing, pro se effort against a wrongful foreclosure, involving the property locatedat 168 Parkview Avenue, Lowell, MA 01852. Since the initial ruling by the Northeast Housing Court, anoverwhelming amount of information and evidence has come forth over the past 3 years, supporting my consistentclaims of misconduct against referenced parties, along with the MA Appeals Court granting leave to file for New Trial inthe lower Court(s).

On April 29, 2013, following a hearing before Judge David Kerman, I received a notice from the Northeast HousingCourt by mail informing me that my request for new trial had been DENIED, despite the new evidence/informationpresented, showing no cause or reason supporting the decision. A Motion was then immediately filed with the Court,requesting CLARIFICATION of the decision. On May 14, 2013, I received a notice from the Northeast Housing Courtby mail DENYING MY REQUEST TO CLARIFY THE DECISION.

 A Notice of Appeal was immediately filed in person with the Northeast Housing Court (See Exhibit A). While filing theNotice of Appeal, I was approached by Ms. Trippi, requesting for me to be patient with regard to the Assembly of theRecord, and that it might take a “couple of weeks” for the assembled record to be received by the MA Appeals Court.Nearly a year later , and after multiple follow-ups with the Northeast Housing Court Clerk’s Office, both by phone andin person, the record has still not been assembled for delivery to the MA Appeals Court. I have additionallyaddressed this directly with Ms. Trippi twice, both by phone  –  prior to the eviction order going out, andsecondly in person, while attempting to secure an EMERGENCY STAY of the EVICTION order. However, the

question was ignored, and I did not receive an answer.

I have witnessed Ms. Trippi at work, both in the Clerks’ Office of the Northeast Housing Court in Lawrence, MA as well as in multiple sessions of the Northeast Housing Court, at the Middlesex Superior Court in Lowell, MA. She appears tobe very capable of the duties required by her position. However, there is no excuse for the negligence that hasoccurred here, and numerous red flags are now raised, questioning the cause of this misconduct, on multiple levels as a result.

The negligence exemplified here has allowed the premature execution of an eviction order, and has prevented thecreation of a Docket case file within the MA Appeals Court. I am now HOMELESS, and I should not be. Thismisconduct is inexcusable, and I am insisting that there is accountability for the harm and damages caused by theseactions, while I continue efforts to repair the damage caused by these collective events.* 

Thank you for your attention to this matter.

7/22/2019 Media Alert - 4-10-14

http://slidepdf.com/reader/full/media-alert-4-10-14 4/6

 *This matter regarding wrongful foreclosure and wrongful displacement includes documented misconduct, considered both civil and criminal, and against multiple partiesincluding (but not limited to): US Bank NA, Wells Fargo NA, the Securitized Mortgage Trust CMLTI 2006-AR1, Harmon Law  Offices PC, and Nelson Mullins LLP – specifically (at minimum) Attorney David E. Fialkow and Managing Partner Peter Haley. Criminal charges are aggressively being pursued against referenced parties as

complaints on file with both the MA Attorney General’s Office as well as the Fraud Investigations Unit of the FBI. For this reason, please be advised - multiple parties are copied onthis communication including, but not limited to: The Consumer Financial Protection Bureau (CFPB), The American Civil Liberties Union (ACLU), US Senator Elizabeth Warren,US Senator Ed Markey, MA Governor Deval Patrick, MA Attorney General Martha Coakley, Congresswoman Nikki Tsongas, MA State Senator Eileen Donoghue, and the US

 Attorney’s Office. 

Respectfully,

Mohan A. Harihar168 Parkview AvenueLowell, MA 01852

617.921.2526 (Mobile)

7/22/2019 Media Alert - 4-10-14

http://slidepdf.com/reader/full/media-alert-4-10-14 5/6

 

Exhibit A

7/22/2019 Media Alert - 4-10-14

http://slidepdf.com/reader/full/media-alert-4-10-14 6/6

 

NOTICE OF APPEAL

The Defendant, MOHAN A. HARIHAR, acting Pro Se, respectfully files a Notice of Appeal with this

court in the above referenced matter, after first receiving the Court’s Order denying Defendant’s

Motion for New Trial, dated April 29, 2013, followed by the denied Motion requesting Clarification of

the Order, received May 14, 2013.

Respectfully Submitted,

Mohan A. Harihar

168 Parkview Avenue

Lowell, MA 01852

617.921.2526 (Mobile)

[email protected]