TRANSFER TO FEDERAL COURT, AS NEW SUPPORTING INFORMATION CONTINUES TO COME FORTH
Lowell, MA, June 26, 2014 Over the 3+ year ongoing pro se legal effort by wrongfully foreclosed homeowner Mohan A. Harihar, new information and evidence has steadily come forth, in support of Mr. Harihars consistent claims of civil/criminal misconduct by Lender US Bank NA, Mortgage Servicer Wells Fargo NA, retained counsel Nelson Mullins LLP, and Harmon Law Offices PC prior retained counsel for US Bank NA who withdrew from this matter, and is under investigation for wrongful foreclosure & eviction practices.
A portion of the latest information uncovered reveals two (2) recent court cases - the 1 st case references the recent $67M settlement between Wells Fargo NA and its own Shareholders, involving forgery on a mass scale, otherwise known as robosigning, the 2 nd case involving the Wells Fargo Home Mortgage Attorney Procedure Manual, which is alleged to provide procedures for fabricating foreclosure papers on demand. New information also includes 14 th Amendment infractions and Ethics violations. 1
Pending the outcome of ongoing litigation in the MA Appeals Court, Mr. Harihar is preparing for transfer of this entire matter to Federal Court, and to address numerous concerns with the MA/US Inspectors General. 2
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
1 For additional details, see attached Motion for New Trial & Transfer to Federal Court in its entirety, filed with the MA Appeals Court, June 26, 2014. 2 See 5/19/14 Media Alert, WRONGFULLY FORECLOSED HOMEOWNER TO ADDRESS INSPECTORS' GENERAL & PETITION TRANSFER TO FEDERAL COURT http://scribd.com/doc/225049527
2 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 SUBMITTED IN ACCORDANCE OF CIVIL PROCEDURE RULE 60B, REQUESTING LEAVE TO FILE FOR NEW TRIAL AND TRANSFER TO FEDERAL COURT
Motion is hereby respectfully submitted by the Appellant, MOHAN A. HARIHAR, requesting leave to file for new trial, as newly discovered information/evidence has again come forth, which by due diligence could not have been discovered in time to move for a new trial, and was unavailable when the initial decision was rendered by the lower Court (s).
As this Court is aware, over the past three (3) years, there have been many relevant developments which have steadily come forth as anticipated, with respect to facts surrounding the Appellants foreclosed property, and since the initial decision was rendered in the lower Court(s). Since the last request to file for leave, the Appellant has again received new evidence/information further supporting his consistent claims of misconduct by the Appellees US Bank NA, Wells Fargo NA, the Securitized Mortgage Trust CMLTI 2006- AR1 and additionally their retained counsel:
1. $67M Wells Fargo Shareholder Settlement the recent announcement comes from the United States District Court, Northern District of California, Docket No. 3:11-cv- 02369-SI, a Shareholder Derivative Action addressing Robo-signing activities at Wells Fargo, and subsequent breach of their Fiduciary duty and loyalty. 3
This recent development involving Wells Fargo NAs very own Shareholders, and misconduct involving forged documents, directly coincides with this matter, and this
3 Additional information regarding the settlement is forthcoming, with a hearing scheduled for July 25, 2014. Additional Docket information will be provided to this Court, upon request. 3 Appellants continued insistence to validate signatures on file, in effort to reveal ALL FACTS pertaining to the related foreclosure.
2. Wells Fargo Home Mortgage Attorney Procedure Manual A second recent announcement comes from a Federal Court in lower Manhattan, NY, (case number 1:13-ap-01553) where Judge Allan Gropper has admitted the manual into the bankruptcy case of a local homeowner in foreclosure, and he approved a request by his lawyer to be allowed to dig deeper. Retained counsel for the homeowner states that the 150-page manual provides procedures for fabricating foreclosure papers on demand. According to court papers, the manual details a procedure for processing notes without endorsements and obtaining endorsements and allonges. 4
3. Ethics Complaint Filed With Northeast Association of Realtors As the Appellee has elected to list for sale the referenced foreclosure while still in ongoing litigation, deceptive actions appear to continue, with potential increased legal risk to members of the Real Estate community, and potential buyers. Despite efforts by this Appellant to provide the listing Real Estate Broker 5 with a Disclosure Notice, it appears to have been ignored, choosing instead to knowingly list and market a foreclosed property which is still in active and ongoing litigation, and without notifying other Brokers, Real Estate Agents, potential buyers, etc of the potential & considerable legal risk(s).
Feedback has come forth from both local area Real Estate Agents, Brokers, and attendees of a recently held Open House, stating no mention of any Disclosures. Instead, emphasis was given to an incentive Enter to Win $250,000 from WELLS FARGO. 6
4. Infringement to Due Process and Equal protection Rights Under the 14 th Amendment of the US Constitution As articulated in the Appellant Brief associated with Docket 2013-P-1829, failure to process the Notice of Appeal associated with this Docket, 2012-P- 1515, by the Clerk Magistrate of the Northeast Housing Court, has not only impacted the Wrongful Displacement of the Appellant, but in itself warrants this entire matter to be transferred to Federal Court, and brought to the attention of the MA/US Inspectors General. 7
5. Harmon law Offices PC with the recent submission of the Appellant Brief for Docket 2013-P-1829, the court is made aware that NO OPPOSITION or APPELLEE BRIEF has been filed by the Appellee Harmon law Offices PC. As the initially retained counsel to the Appellee US Bank NA, the decision by Harmon NOT to refute ANY of the content of the associated Appellant Brief, clearly shows cause to question and validate the content of any information submitted by Appellees - US Bank NA, Wells
4 The 150-page Wells Fargo Home Mortgage Attorney Procedure Manual will be provided to the Court, upon request. 5 Weichert Realtors Daher Companies, 235 East Street, Methuen, MA 01844 6 See Exhibit A, for Ethics complaint in its entirety filed with the Northeast Association of Realtors. 7 Notice of Appeal, Clerk Magistrate Complaint and SJC ruling On file with the Court. 4 Fargo NA, and associated counsel. The Court is again respectfully reminded that Harmon is currently under investigation by the MA Office of the Attorney General for wrongful foreclosure and eviction practices. This NEW information comes in addition to the overwhelming amount of evidence already provided and on file with the Court(s) warranting new trial: 6. Non-Disclosure by Appellees of the 2011 Report by Federal bank Regulators, constituting an act of Fraudulent Concealment. 7. Refusal to provide requested Discovery evidence the recorded conversations which took place between the Appellant, Mohan A. Harihar, and the mortgage servicer, Wells Fargo NA, during the 22-month loan modification process, have never been provided, despite repeated requests. The Appellant has clearly stated in every court proceeding and in virtually all court documents, that this evidence clearly supports deceptive practice violations under MA General Laws CHAPTER 93A REGULATION OF BUSINESS PRACTICES FOR CONSUMERS PROTECTION by the mortgage servicer, WELLS FARGO NA. While Appellees continue to claim ZERO associated misconduct at ANY level, there is a heightened concern which questions whether this evidence has been purposefully destroyed, and respectfully calls for this Court to issue an order for its production to validate conversations which took place during the 22-month loan modification process. 8. Multiple Court cases/decisions related to this matter which support Appellants consistent claims. 8
9. Refusal by Appellees to validate Chain of Title. 10. Refusal by Appellees to validate signatures on file. 11. An investigation by Federal Bank Regulators, identifying the US Foreclosure Crisis, and involving Mr. Harihars foreclosure, revealed associated misconduct, resulting in a settlement payment to Mohan A. Harihar, on behalf of Wells Fargo NA and US Bank NA, for this associated misconduct. 12. Documented Misconduct is definitively supported by the separate class-action and settlement payment received through the MA Office of the Attorney General, on behalf of the Mortgage Servicer - Wells Fargo NA, through the National Mortgage Settlement, which is directly tied the US Foreclosure Crisis.
8 United States District Court for the District of Rhode Island, Master Docket (11-mc-88-M-LDA); Bradburn vs. ReconTrust, et al., Superior Court of the State of Washington for Snohomish County, Docket No.11-2-08345-2; Department of Justice vs. Ocwen Financial Settlement. Additional information provided to the Court upon request. 5 13. Documented false statements submitted to the Court(s) by the retained counsel, David E. Fialkow have been identified, are in possession, and have been brought to the Courts attention.
14. Refusal by the Appellees to validate for the record 19 statements included in court documents. 9
15. An email correspondence, received by Mr. Harihar on Monday, September 27, 2013, include documented statements made by the Appellees retained counsel (Peter Haley managing partner of Nelson Mullins Riley & Scarborough, LLP), which suggest that documented misconduct associated with David E. Fialkow extends beyond to include (at minimum) the Boston Office of Nelson Mullins Riley & Scarborough LLP, which to date has yet to be refuted by Mr. Haley, or anyone employed by Nelson Mullins LLP. 10
The information and evidence available and in possession is entirely FACT-BASED, well- documented with the Court(s), irrefutably shows definitive civil and criminal misconduct, and reveals that the referenced lender US Bank NA, mortgage servicer Wells Fargo NA and their retained counsel have purposefully misled the Court(s) for over three (3) years. Documented misconduct includes (but is not limited to):
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) which includes the magnitude of documented civil and criminal misconduct as does this matter. In fact, the Appellant does not believe there to be a case decision, in this Commonwealth, or any state in the Nation, which articulates and provides justification in lieu of documented civil and criminal misconduct provided. Therefore, all such related arguments by Appellees, and their impact to ALL related decisions, respectfully, should be considered VOID. Any continued argument by opposing parties based on the same premise, further justifies necessity for new trial.
Appellant is actively seeking criminal charges against all parties involved, which includes (but is not limited to) Wells Fargo NA, US Bank NA, the associated Securitized Mortgage Trust CMLTI 2006-AR1, retained counsel Nelson Mullins LLP, and prior retained counsel Harmon
9 See Appellant Brief for Docket 2013-P-1829 Appendix, pages 55 61, Validation Questionnaire. 10 See Exhibit B, Original email by Peter Haley dated Monday, 9/27/2013, also on file with the Court. 6 Law Offices PC. 11 Due to the Definitive connection to FRAUD on a MASS-SCALE, criminal complaints are filed with the MA Office of the Attorney General and the Fraud Investigations Unit of the FBI.
Additional complaints are filed with the MA Bar of Overseers/Bar Counsel, the US Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), and the Securities and Exchange Commission (SEC).
Due to documented statements made by the Appellees and their retained counsel, this matter now involves the infringement of intellectual property belonging to Mohan A. Harihar (as stated in the Appellant Brief for Docket 2013-P-1829), and legal action against ALL responsible parties is anticipated to be addressed separately.
The Appellant respectfully re-states to the Court, as it has been consistently articulated to the Appellees, that ALL fact-based communications related to this misconduct and the associated projects will continue to include multiple parties for the specific purpose of:
a. Assisting the other 4.2 million parties who have suffered significant damages from similar misconduct associated with this US Foreclosure Crisis. b. Providing a plan which assists the Nation with economic recovery. c. Assisting the Justice Department with a pathway for future prosecution related to this ongoing crisis.
Government officials, the media, and other lenders/mortgage servicers associated with similar misconduct will continue to be included, unless otherwise specified.
At this stage, the Appellant MAY be willing to consider one last opportunity for the Appellee(s) and their retained counsel to seek agreement, provided they:
1. Voluntarily WITHDRAW from any and all litigation against the Appellant Mohan A. Harihar. 2. Voluntarily offer to enter into settlement discussions with the Appellant, for the specific purpose of reaching a settlement agreement for associated harm and accruing damages incurred by Appellant - Mohan A. Harihar.
Should the Appellee(s) and their retained counsel agree to this opportunity, and if successful resolution is reached, the Appellant MAY CONSIDER future discussions with regard to the pursuit of criminal charges against referenced parties.
11 Harmon Law Offices PC, associated with approximately 50,000 foreclosures throughout the Commonwealth, and considered to be a Foreclosure Mill, has been directly tied to disbarred FL Foreclosure Kingpin David Stern. Harmon has been under investigation for over 3 years by the MA Attorney General for wrongful foreclosure and eviction practices, coincidentally withdrawing as counsel from this matter, around the same time the investigation was beginning. 7 Otherwise, the Appellant respectfully moves for this Court to order the following:
1. Transfer of this matter, including all related Dockets to Federal Court: 2012-P- 1515, 2013-P-0671, and 2013-P-1829. Transfer will also address the 4 th Notice of Appeal, never received by this Court, which irrefutably involves 14 th Amendment infractions previously stated (Docket N/A).
2. A Court order for the production and validation of Discovery evidence the 22- months of recorded conversations between the Mortgage Servicer, Wells Fargo NA and the Appellee Mohan A. Harihar, which is believed to support Deceptive Practices of the Appellee(s). The purpose of the Order is to additionally validate if these recordings still exist or if they have been tampered with, destroyed, lost, etc
3. Due to the potential complexity of validation, the Appellant additionally calls for assistance from the Internal Revenue Service (IRS), particularly with validation concerns surrounding the associated Securitized Mortgage Trust CMLTI 2006- AR1.
4. Subpoenaed testimony from MA Attorney General Martha Coakley regarding the relationship of this matter to the 3+ year ongoing investigation of APPELLEE - Harmon Law Offices PC.
5. Address State and Federal Criminal Charges against referenced parties, regarding criminal complaints already filed with the MA Office of the Attorney General and Fraud Investigations Unit of the FBI.
6. Follow-up by the Court regarding Counsel accountability and complaints already filed with the MA Board of Bar Overseers against the following parties: Attorney David E. Fialkow (Partner, Nelson Mullins Riley & Scarborough LLP), Peter Haley (Managing partner, Boston Office Nelson Mullins Riley & Scarborough LLP), Nelson Mullins LLP in its entirety, and Harmon Law offices PC.
7. Appellant additionally seeks to introduce 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.
8. Allow the Appellant to rightfully return to his home, while this legal matter proceeds, and for Appellees to incur all costs associated with the Wrongful Displacement of the Appellant.
8 Motions are filed separately for all impacted Dockets Nos: 2012-P1515, 2013-P-0671, 2013- P-1829.
Thank you for your attention to this matter.
Respectfully Submitted,
Mohan A. Harihar 168 Parkview Avenue Lowell, MA 01852
9
EXHIBIT A
10
June 20, 2014 Northeast Association of Realtors FOR DOCUMENTATION, DISCLOSURE & LEGAL 6 Liberty Way, Suite 204 PURPOSES Westford, MA 01886 RE: Ethics Complaint Daher Companies
VIA US MAIL
Dear Northeast Association of Realtors,
It has unfortunately become necessary to file an Ethics Complaint 12 against two (2) members of the Northeast Association of Realtors: 1. Mary E. Koontz-Daher, Daher Companies (Principal). 2. Kenneth Daher, Daher Companies (Principal).
In late February 2014, and following the Wrongful Displacement of Mohan A. Harihar, Weichert Realtors Daher Companies (located at 25 East Street, Methuen, MA 01844), elected to list the foreclosed residential property located at 168 Parkview Avenue, Lowell, MA 01852. This property has been in ongoing litigation pertaining to Wrongful Foreclosure for over three (3) years, and is currently being heard in the MA Appeals Court, Docket No. 2013-P-1829. Associated misconduct is considered both civil and criminal, and is fully supported against multiple parties including (but not limited to): US Bank NA, Wells Fargo NA, Harmon Law Offices PC, Nelson Mullins LLP and the Securitized Mortgage Trust CMLTI 2006-AR1. On March 23, 2014, an email communication was sent to Mr. and Mrs. Daher, Principals of Weichert Realtors Daher Companies, to notify all parties of the serious circumstances associated with this matter, and the potential legal risk to ANY, and ALL parties, choosing to align themselves with the associated misconduct. This Notice of Disclosure, Civil & Criminal Liability has apparently been ignored. 13
On May 23, 2014, an email communication was sent to Daher Companies, with an update to ongoing litigation, outlined in the 5/19/14 Media Alert, and a second NOTICE was issued to parties choosing to align themselves with any associated misconduct. 14
On June 7, 2014, after receiving feedback from local Realtors of potential disclosure non-compliance, an email communication was sent to Daher Companies, informing them that a formal complaint was now being prepared against them, for concerns surrounding non-disclosure to multiple parties including (but not limited to): other Real Estate Brokers, Real Estate Agents, potential buyers, etc Shortly thereafter, I received an
12 See Appendix, Completed Form E-1, as required, p. 5 13 See Appendix, March 23, 2014 Email Communication RE: Disclosure, Civil & Criminal Liability, p. 6 - 9 14 See Appendix, May 23, 2014 Email Communication and 5/19/14 Media Alert (Click on Link to access), p. 9 Mohan A. Harihar 168 Parkview Avenue Lowell, MA 01852 617.921.2526 (Mobile) 11 email communication response from Mary Koontz-Daher, a response considered inappropriate, unprofessional, and falsely stated. 15
After receiving the email, I received a missed phone call on my mobile phone. A voicemail was left by a woman identifying herself as Mary Koontz-Daher, in an erratic voice, stating that I should be a man and identify myself and that I should return the call. I then returned the phone call, stated my name and that I was returning a missed call from this number. The same erratic voice identified herself as Mary Koontz- Daher, who claimed to not know who I was, claimed to not know why I was sending her company the previously stated communications, and stated that she was sending the information to her attorney, and notifying the Methuen Police Department. Despite multiple interruptions, I notified Mrs. Daher that as explained in the email communication, notice was formerly given regarding the related concerns, and a formal complaint was now being filed against the appropriate parties. I additionally stated that I too, would be notifying the Methuen Police Department, which I did, immediately after ending the phone conversation with Mrs. Daher. As documented in this complaint and in supporting documents, I have consistently made clear my name, associated address, email address and contact phone number. To be clear, until the June 7, 2014 email and phone call from Mrs. Daher, there had been no communications received by the references parties. The references by Mrs. Daher on June 7 th , 2014 stating that she does not know who I am, or why legal notice has been sent to Daher Companies conflicts with supporting documents on file. This is a very serious matter. It appears that Weichert Realtors Daher Companies has specifically chosen to ignore the email communications/Broker Disclosure Notice sent to them, choosing instead to knowingly list and market a foreclosed property which is still in active and ongoing litigation, and without notifying other Brokers, Real Estate Agents, potential buyers, etc of the potential & considerable legal risk(s). Feedback has come forth from both local area Real Estate Agents, Brokers, and attendees of a recently held Open House, stating no mention of any Disclosures. Instead, emphasis was given to an incentive Enter to Win $250,000 from WELLS FARGO. I am certain, that the conduct exemplified by the referenced Broker(s) does not meet with the standards of NARs Code of Ethics, and have highlighted several areas within the Preamble, as well as Articles 1, 2, 3, 11, 12 & 14. 16 I am calling for this association to further investigate this matter, including the already concluded open houses from 6/1, 6/8, 6/14, independent showings, broker open houses, etcto further determine how many misinformed parties may unnecessarily become subject to increased legal risk. Additionally, please be advised, and as stated in the 5/19/14 media Alert, pending the outcome of litigation in MA Appeals Court, this matter is being prepared for transfer to Federal Court, and to additionally be addressed with the MA and US Inspectors General. A copy of this complaint is being filed with the MA Appeals Court to articulate the concerning tactics exemplified by the Appellees - Wells Fargo NA, US Bank NA, and associated Broker. Complaints already filed with the MA Office of the Attorney General, Fraud Investigations Unit of the FBI, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Securities and Exchange Commission (SEC), and the Better Business Bureau (BBB) will also be updated with a copy of this complaint.
Thank you for your attention to this matter.
15 See Appendix, June 7, 2014 Email response by Mary Koontz-Daher, and attached original communication(s), p.9 16 See Appendix, Highlighted sections within NAR - Code Of Ethics and Standards of Practice, p. 10 - 14 12
Respectfully Submitted,
Mohan A. Harihar
13
APPENDIX
14
15
16
March 23, 2014 Weichert Realtors, Daher Companies FOR DOCUMENTATION AND Attn: Kenneth Daher, Mary E. Koontz-Daher DISCLOSURE PURPOSES 235 East Street Methuen, MA 01844 RE: Disclosure, Civil & Criminal Liability
VIA EMAIL COMMUNICATION
Mr. and Mrs. Daher,
It is my understanding that your company, Weichert Realtors Daher Companies, located in Methuen, MA, has elected to list the foreclosed residential property located at 168 Parkview Avenue, Lowell, MA 01852. Please be advised of the following: 1. The referenced foreclosed residential property has been definitively associated with misconduct by both the MA Office of the Attorney General and the National Mortgage Settlement. Settlement payment received. 2. The referenced foreclosed residential property has been definitively associated with misconduct by Federal Bank Regulators. Settlement payment received. 3. Civil and criminal misconduct is documented, and constitutes (at minimum): Fraud, Deceptive Practices, Fraudulent Concealment, Fraudulent Misrepresentation, Aiding and Abetting Fraud, and Perjury. Additional SEC and IRS infractions pertaining to the referenced securitized mortgage trust are believed to exist, requiring further validation. 4. Criminal charges for documented misconduct are aggressively being pursued at both state and federal levels against the following parties: US Bank NA, Wells Fargo NA, the Securitized Mortgage Trust CMLTI 2006-AR1, Harmon Law Offices PC, and Nelson Mullins LLP. Complaints are filed with the MA Office of the Attorney General and the Fraud Investigations Unit of the FBI. 5. This matter directly coincides with the MA Attorney Generals 3+ ongoing investigation of Harmon Law Offices PC*, for misconduct related to unlawful foreclosure and eviction practices. Harmon has been definitively tied to disbarred FL Foreclosure Kingpin David Stern. 6. Complaints are additionally filed with the following parties: The Consumer Financial Protection Bureau (CFPB), The Securities and Exchange Commission (SEC), The Federal Trade Commission (FTC), and the MA Board of Bar Overseers/Bar Counsel**.
Mohan A. Harihar 168 Parkview Avenue Lowell, MA 01852 617.921.2526 (Mobile) 17 7. Civil litigation regarding this matter and related misconduct is still proceeding in the MA Appeals Court. 8. Referenced parties have refused to validate Chain of Title, have refused to validate signatures on file related to the foreclosed property, and have refused to provide requested Discovery which further supports deceptive practices, specifically the recorded conversations between homeowner Mohan A. Harihar and the Mortgage Servicer Wells Fargo NA, during the 22-month loan modification attempt. 9. Any Real Estate Broker or Real Estate Agent, having been made aware of the associated documented misconduct, who chooses to align themselves with this referenced foreclosure for the purpose of resale, will be considered as aiding and abetting fraud, and may be subject to forthcoming litigation against them (Civil and Criminal). 10. Any party, having been made aware of the associated documented misconduct, who chooses to align themselves with this referenced foreclosure for the purpose of purchase, may be subject to forthcoming litigation against them (Civil and Criminal). 11. The recent eviction of Mohan A. Harihar from the referenced foreclosure property is being considered an act of Wrongful Displacement, and is being addressed with the Court, as well as state and federal prosecutors. 12. It is my understanding that by law, you will be required to disclose all information related to the referenced foreclosure, including this communication. 13. Due to the serious nature of this matter, additional parties will be copied on this communication including: Vice President Joe Biden, Deputy Assistant Director Tim Sheehan (CFPB), the American Civil Liberties Union (ACLU), US Senator Elizabeth Warren (MA), US Senator Ed Markey (MA), Attorney General Martha Coakley (MA), Congresswoman Nikki Tsongas (MA), State Senator Eileen Donoghue (MA), the Massachusetts Association of Realtors (MAR, via twitter), the National Association of Realtors (NAR, via Twitter), and Nelson Mullins LLP - including the individual managing partners of the firm, since documented misconduct extends beyond the Commonwealth of Massachusetts. 14. This communication is additionally being published for the purpose of exposing this misconduct to the nation, as it is arguably considered the largest case of FRAUD in the history of the United States, and in effort to assist the millions of wrongfully foreclosed homeowners identified by the US Foreclosure Crisis, all fifty (50) Attorneys General, and Federal Bank Regulators.
*Harmon Law Offices PC, originally retained by US Bank NA in the case against Mohan A. Harihar, has been associated with the vast majority of 50,000 foreclosures throughout the Commonwealth of Massachusetts, withdrew as counsel from this case, in the same timeframe as the MA Attorney General was beginning their investigation against them. **Complaints are on file with the MA Board of Bar Overseers against Attorney David E. Fialkow and Managing Partner Peter Haley (both of Nelson Mullins Riley and Scarborough LLP) and also Harmon Law Offices PC. 18
Sincerely,
Mohan A. Harihar
WRONGFULLY FORECLOSED HOMEOWNER TO ADDRESS INSPECTORS' GENERAL, & PETITION TRANSFER TO FEDERAL COURT http://www.scribd.com/doc/225049527 19
20
21
22
23
24
EXHIBIT B
25
From: M Harihar [mailto:mcharihar@comcast.net] Sent: Monday, September 30, 2013 12:03 AM To: 'Peter Haley'
Subject: M Harihar - Notice Importance: High
Mr. Haley,
Thank you for your response. I am well aware of David Fialkows title and his location in the Boston Office, since this legal matter has included Nelson Mullins LLP for over two (2) years, replacing prior counsel (Harmon Law Offices PC**) retained by your client (US Bank NA) who immediately withdrew from this case after being informed they would be held accountable for their involvement with associated civil and criminal misconduct.
Since you acknowledge having reviewed the facts of this matter, you are aware of the following:
1. Only until definitive, documented misconduct against David E. Fialkow was in possession, were multiple parties of Nelson Mullins LLP regularly copied on communications, for the specific purpose of forwarding to senior management/human resources. 2. Numerous communications to Mr. Fialkow (and additionally on file with the Courts) have requested that additional contact information (senior management and human resources of Nelson Mullins LLP) be provided to Mr. Harihar. None has ever been provided, including your contact information. 3. The documented information and evidence in possession is entirely FACT-BASED, and irrefutably shows definitive misconduct, both civil and criminal, revealing that the referenced lender US Bank NA, mortgage servicer Wells Fargo NA and their retained counsel have purposefully misled the Court(s) for over 2 years. Documented misconduct includes (but is not limited to): A. Negligent misrepresentation B. Fraud C. Aiding and abetting fraud
26 Furthermore, your documented comments (below) supporting Mr. Fialkows conduct of this litigation, now suggest this misconduct extends beyond David E. Fialkow, and includes (at minimum) the Boston Office of Nelson Mullins Riley & Scarborough LLP.
Regarding your statement (below): As I am sure you can recognize, the very nature of matters being litigated before the courts necessarily requires that parties advocate for the positions of their clients in a manner which is adverse to the other side in the litigation. Suggests that you approve of this documented misconduct in order to advocate for the position of a client.
While Mr. Fialkows historical reputation as a lawyer may be outstanding, he is irrefutably and directly associated with misconduct in this matter. You are aware that a complaint against Mr. Fialkow has already been filed with the MA Bar of Overseers/Bar Counsel, and it now appears that additional communication with the Bar Counsel will be necessary once the depth of misconduct and all additional parties involved are identified.
Additional complaints are on file with the MA Office of the Attorney General and most recently with the US Consumer Financial Protection Bureau.
This matter has been definitively associated with FRAUD ON A NATIONWIDE MASS SCALE. Those familiar with the details of this countrys foreclosure crisis consider this to be the largest case of fraud in US history.
Despite the numerous opportunities afforded to your clients US Bank NA and Wells Fargo NA to cease and desist from causing harm and accruing damages to Mr. Harihar, they have repeatedly refused to do so. In addition to ongoing litigation, and with documented misconduct in possession, Mr. Harihar will additionally pursue criminal charges against all parties involved, including (but not limited to): US Bank NA, Wells Fargo NA and retained counsel Nelson Mullins LLP. Additional infractions including deceptive practices are anticipated, as multiple questions and concerns exist surrounding the validation of the associated securitized mortgage trust CMLTI 2006-AR1, validation regarding Chain of Title, and the recorded conversations during the 22-month loan modification process (Lenders consistently refused to provide in the Discovery process). The Internal Revenue Service (IRS) and the Securities and Exchange Commission (SEC) are anticipated to aid in this validation process moving forward.
This matter now includes concerns regarding the infringement of Intellectual property belonging to Mohan A. Harihar (see Notice sent September 27, 2013).
Your request to refrain from copying others within Nelson Mullins LLP is denied, as the involvement of the Boston office with associated misconduct is now questioned. Since you are aware of the facts of this matter, you are aware of Mr. Harihars efforts to expose this misconduct and all parties responsible. Mr. Harihar fully intends to continue ALL fact-based communications related to this misconduct and the associated projects. Government officials, the media, and all other lenders/mortgage servicers associated with similar misconduct will 27 continue to be included unless otherwise specified. A copy of the latest Media Alert, dated September 19, 2013 is additionally attached for your reference.
**Harmon Law Offices PC has been associated with the vast majority of 50,000 foreclosures throughout the Commonwealth of Massachusetts.
Sincerely,
Mohan A. Harihar 168 Parkview Avenue Lowell, MA 01852 617.921.2526 (Mobile)
From: Peter Haley [mailto:Peter.Haley@nelsonmullins.com] Sent: Friday, September 27, 2013 6:09 PM To: M Harihar Cc: Jim Gray; Michael Hollingsworth; Mike Cole; Tracy Tomlin; Jim Lehman; Marc Williams; Tom Moran; Larry Papel; Noah Huffstetler; Tim Fitzgibbon; Denise Gunter; Joseph Donovan; Chris Cushing; Kate Lipper; Christy Cox; David Fialkow Subject: RE: M Harihar - Notice Regading Intellectual Property
Mr. Harihar
David Fialkow is a senior associate in the firm, he works in our Boston office. I am the managing partner in that office, if you wish to communicate with someone within the firm concerning Mr. Fialkow you may write to me. Please refrain from randomly copying others within the firm.
I have reviewed the facts of this matter. The firm has complete confidence in Mr. Fialkow and his conduct of this litigation on behalf of our client. As I am sure you can recognize, the very nature of matters being litigated before the courts necessarily requires that parties advocate for the positions of their clients in a manner which is adverse to the other side in the litigation. Mr. Fialkow has an outstanding reputation as a lawyer and I have complete confidence that he has acted appropriately in this instance.
Peter Haley
Peter J. Haley | Nelson Mullins Riley & Scarborough LLP Managing Partner, Boston (e) peter.haley@nelsonmullins.com| (p) 617.573.4714 | (f) 617.573.4750
From: M Harihar [mailto:mcharihar@comcast.net] Sent: Friday, September 27, 2013 5:11 PM To: David Fialkow Cc: Jim Gray; Peter Haley; Michael Hollingsworth; Mike Cole; Tracy Tomlin; Jim Lehman; Marc Williams; Tom Moran; Larry Papel; Noah Huffstetler; Tim Fitzgibbon; Denise Gunter; Joseph Donovan; Chris Cushing; Kate Lipper; Christy Cox Subject: M Harihar - Notice Regading Intellectual Property Importance: High 28
Attorney Fialkow,
Please be advised a hardcopy of the attached notice has been mailed to your attention.
Sincerely,
Mohan A. Harihar 168 Parkview Avenue Lowell, MA 01852 617.921.2526 (Mobile)
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 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 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 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)
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 Brings Incremental Claim of Judicial Treason Against US District Court Judge - Hon. Denise J. Casper (HARIHAR V THE UNITED STATES, Docket No. 17-cv-11109)