troubling massachusetts foreclosure case continues to raise questions regarding integrity of the...

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 FOR IMMEDIATE RELEASE Troubling Massachusetts Foreclosure Case Continues to Raise Questions Regarding Integrity of the S ystem Boston, MA, August 22, 2014   After submitting a let ter to MA Inspector Ge neral - Glenn Cunha last Friday, requesting to review and monitor the 3 ½ year wrongful foreclosure case involving US Bank, Wells Fargo, and wrongfully foreclosed homeowner - Mohan A. Harihar, troubling concerns continue to surface. The latest concerns come as the overwhelming (& still growing) amount of supporting civil and criminal information/evidence is allowing Mr. Harihar to file for new trial; validation/affirmation of the information on file with the Court (or never provided by the Appellees 1 ) is necessary to ensure accuracy and fact- based information. The MA Appeals Court agreed, allowing Mr. Harihar to file appropriate motion(s) to affirm/validate information. A motion was then submitted requesting the validation of specific, and very basic validation requests including: signatures on file, Chain of Title, and ensuring the integrity/availability of Discovery evidence prior to filing for new trial. 2  The Court then changed direction, and denied the motion, without cause. Mr. Harihar submitted a request to clarify the decision. The Court has now DENIED that request, refusing to clarify their decision. This troubling concern (refusing to clarify a decision) has occurred throughout the history of this matter, not only in the MA Appeals Court, but also the Northeast Housing Court, and also the Middlesex Superior Court. The interpreted message it sends to wrongfully foreclosed homeowners, and to the public, is one which questions the integrity of the Judicial system; supporting the feared “Too Big to Fail” mentality, and re-affirms the necessity to address this entire matter with the MA Inspector General, and transfer to Federal Court. Mr. Harihar is now preparing an appeal to the Massachusetts Supreme Judicial Court for Further Appellate Review (FAR), so that the VALIDATION of information and evidence can proceed.  As this growing storyline continues to gain considerable National and Global attention through social media, there is now a call for Massachusetts leaders to also address this issue. The tremendous concerns surrounding 65,000 wrongful foreclosures within the Commonwealth include the timeline allowing homeowners to file suit against Lenders responsible for referenced misconduct. 3  If the Court refuses to allow information to be validated, it will make no difference if the timeline allowed to file suit is 20 years, or 1 year. The interpreted message sent to MA homeowners is   you will not be allowed to succeed.  A follow-up letter to Inspector General Cunha expressing these latest concerns ha s now been sent. 1  Appellees in this case are: US Bank NA, Wells Fargo NA, Harmon Law Offices PC, and the Securitized Mortgage Trust CMLTI 2006-AR1. The Appellant is Mohan A. Harihar. 2  Scroll down to see the Motion requesting Clarification, followed by the DENIAL by the MA Appeals Court, and follow-up letter to MA Inspector General Glenn Cunha. 3  Concerns referenced in Senate Bill 1987, recently rejected by Governor Deval Patrick.

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Troubling Massachusetts Foreclosure Case Continues to Raise Questions Regarding Integrity of the System

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  • FOR IMMEDIATE RELEASE

    Troubling Massachusetts Foreclosure Case Continues to Raise Questions Regarding Integrity of the System Boston, MA, August 22, 2014 After submitting a letter to MA Inspector General - Glenn Cunha last Friday, requesting to review and monitor the 3 year wrongful foreclosure case involving US Bank, Wells Fargo, and wrongfully foreclosed homeowner - Mohan A. Harihar, troubling concerns continue to surface. The latest concerns come as the overwhelming (& still growing) amount of supporting civil and criminal information/evidence is allowing Mr. Harihar to file for new trial; validation/affirmation of the information on file with the Court (or never provided by the Appellees

    1) is necessary to ensure accuracy and fact-

    based information. The MA Appeals Court agreed, allowing Mr. Harihar to file appropriate motion(s) to affirm/validate information. A motion was then submitted requesting the validation of specific, and very basic validation requests including: signatures on file, Chain of Title, and ensuring the integrity/availability of Discovery evidence prior to filing for new trial.

    2

    The Court then changed direction, and denied the motion, without cause. Mr. Harihar submitted a request to clarify the decision. The Court has now DENIED that request, refusing to clarify their decision. This troubling concern (refusing to clarify a decision) has occurred throughout the history of this matter, not only in the MA Appeals Court, but also the Northeast Housing Court, and also the Middlesex Superior Court. The interpreted message it sends to wrongfully foreclosed homeowners, and to the public, is one which questions the integrity of the Judicial system; supporting the feared Too Big to Fail mentality, and re-affirms the necessity to address this entire matter with the MA Inspector General, and transfer to Federal Court. Mr. Harihar is now preparing an appeal to the Massachusetts Supreme Judicial Court for Further Appellate Review (FAR), so that the VALIDATION of information and evidence can proceed. As this growing storyline continues to gain considerable National and Global attention through social media, there is now a call for Massachusetts leaders to also address this issue. The tremendous concerns surrounding 65,000 wrongful foreclosures within the Commonwealth include the timeline allowing homeowners to file suit against Lenders responsible for referenced misconduct.

    3 If the Court

    refuses to allow information to be validated, it will make no difference if the timeline allowed to file suit is 20 years, or 1 year. The interpreted message sent to MA homeowners is you will not be allowed to succeed. A follow-up letter to Inspector General Cunha expressing these latest concerns has now been sent.

    1 Appellees in this case are: US Bank NA, Wells Fargo NA, Harmon Law Offices PC, and the Securitized

    Mortgage Trust CMLTI 2006-AR1. The Appellant is Mohan A. Harihar. 2 Scroll down to see the Motion requesting Clarification, followed by the DENIAL by the MA Appeals Court,

    and follow-up letter to MA Inspector General Glenn Cunha. 3 Concerns referenced in Senate Bill 1987, recently rejected by Governor Deval Patrick.

  • 2

    Understanding this matter is still in active litigation, the request made to the Inspector Generals Office is to monitor and review the details of this matter, as a corrective path continues to be sought within the MA Court system. Pending the SJCs Further Appellate Review, preparations are additionally being made to file a petition with the US Supreme Court Writ of Certiorari and/or a petition to Congress requesting transfer of this entire matter to Federal Court, as 14

    th Amendment infractions to Due process and Equal

    Protection Rights of Mr. Harihar are seemingly being ignored. While hand-delivering a copy of the Inspector General Letter in-person to MA Congresswoman Niki Tsongas office last Friday, a request for potential assistance with a Congressional petition was discussed. Additional parties copied on the follow-up letter sent to the Inspector General include: Vice President Biden, Governor Deval Patrick (MA), US Senator Elizabeth Warren (MA), US Senator Ed Markey (MA), Congresswoman Niki 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: [email protected] Phone: 617.921.2526 (Mobile) Follow on Twitter: Mohan Harihar@Mo_Harihar

  • 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 14th 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 General4; 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

    4 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 21, 2014

    VIA HAND DELIVERY Office of the Inspector General John W. McCormack State Office Building One Ashburton Place, Room 1311 Boston, MA 02108 RE: New Concerns Related to MA Foreclosure & Ongoing Litigation

    Dear Inspector General Cunha:

    As follow-up to the letter hand delivered to your office last Friday, August 15, 2014, an

    additional concern has now emerged, re-affirming the necessity to inform the Office of the

    Inspector General in this matter.

    On Monday, August 18, 2014, and in response to the Motion filed last Friday, August 15,

    2014 with the Massachusetts Appeals Court requesting the Clarification of a Decision, the

    Court has DENIED this request to clarify their decision. This represents a common theme

    throughout the history of this matter, as detailed in the Appellant Brief/Reply Brief to the

    associated Docket No. 2013-P-1829. Decisions made without cause, and requests to clarify

    these decisions are subsequently denied. It re-affirms the clear concerns of a Too Big to Fail

    mentality, thus questioning the Integrity of the Judicial system in this Commonwealth.

    Based on the current path, the interpreted message sent to this Appellant, as well as 65,000

    wrongfully foreclosed homeowners throughout this Commonwealth appears clear no matter

    how much evidence or information there is supporting your claim, you will not be allowed to

    succeed in recouping compensation for the damage caused or in holding responsible parties

    accountable for their misconduct.

    Mohan A. Harihar 168 Parkview Avenue Lowell, MA 01852 617.921.2526 (Mobile)

  • 9

    Understanding this matter is still in active litigation, the request made to the Inspector

    Generals Office is to monitor and review the details of this matter, as a corrective path

    continues to be sought within the MA Court system.

    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 Niki Tsongas (MA)

    Attorney General Martha Coakley (MA)

    Assistant Deputy Director Timothy Sheehan (CFPB)

    Christina Sterling, Spokesperson, DOJ (MA)

    Susan Herman (President, ACLU)