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: mo.harihar@gmail.com 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 14 th 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 General 4 ; 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)
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