FOR IMMEDIATE RELEASE Harihar Files Request for Special Prosecutor in Federal Foreclosure/RICO Complaint. Boston, MA, November 6, 2015 – A second amended complaint was filed on Friday in the US District Court (Boston, MA) by Plaintiff Mohan A. Harihar (Scroll down to view 2 nd amended complaint in its entirety). 14 Defendants include: US Bank NA, Wells Fargo NA, the RMBS 1 - CMLTI 2006-AR1, the Commonwealth of Massachusetts, Attorney General of Massachusetts (former) – Martha Coakley, Harmon Law Offices PC, Nelson Mullins Riley & Scarborough LLP, David E. Fialkow (Esq.), Jeffrey S. Patterson (Esq.), Peter Haley (Esq.), Real Estate Brokers – Mary & Ken Daher (Daher Companies located in Methuen, MA), and homeowners Jeffrey & Isabelle Perkins – who apparently disregarded disclosures and moved forward with purchasing an illegal foreclosure. 2 The 173-page civil/criminal complaint adds 1600 additional pages of supporting documentation, dozens of email communications over nearly five (5) years to numerous government officials and agencies, Certified SEC documents, and 22-months of recorded conversations detailing deceptive practices during the attempted loan-modification process. In the meantime – Attorney General Maura Healey has officially BLOCKED Mr. Harihar on the Massachusetts AGO social media TWITTER page (for reasons unknown), and Massachusetts legislators are aggressively attempting to pass proposed Bill - S 1981, “CLEARING OF TITLE TO CERTAIN FORECLOSED PROPERTIES”. On September 17, 2015, the Massachusetts State Senate, in a vote of 31 – 7, passed a proposed bill that would restrict homeowners to 3 years (down from 20 years) to sue the responsible lender in order to regain their home after illegal foreclosure. This significant effort by Massachusetts State legislators to push through this legislation raises a number of immediate RED FLAGS. The growing list of Federal and State allegations includes (but is not limited to): RICO violations, “Color of Law violations”, 14 th Amendment infractions to Due Process & Equal Protection Rights, False Claims, Fraud (including Deceptive Practices), Fraudulent Concealment/Misrepresentation, Perjury, and Fraudulent Assignments. The Commonwealth of Massachusetts has publicly stated that the referenced foreclosure is ILLEGAL, VOID, and does not possess CLEAR TITLE. Per the direction of the US District Court, Harihar has filed through the Executive Branch of Government (DOJ/US Inspector General) – requests to appoint a special prosecutor, and additionally for Whistleblower protection. 1 RMBS - residential mortgage-backed security. 2 Referenced illegal foreclosure is located at 168 Parkview Avenue, Lowell, MA 01852.
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FOR IMMEDIATE RELEASE Harihar Files Request for Special Prosecutor in Federal Foreclosure/RICO Complaint. Boston, MA, November 6, 2015 – A second amended complaint was filed on Friday in the US District Court (Boston, MA) by Plaintiff Mohan A. Harihar (Scroll down to view 2
nd amended complaint in its
entirety). 14 Defendants include: US Bank NA, Wells Fargo NA, the RMBS
1 - CMLTI 2006-AR1, the
Commonwealth of Massachusetts, Attorney General of Massachusetts (former) – Martha Coakley, Harmon Law Offices PC, Nelson Mullins Riley & Scarborough LLP, David E. Fialkow (Esq.), Jeffrey S. Patterson (Esq.), Peter Haley (Esq.), Real Estate Brokers – Mary & Ken Daher (Daher Companies located in Methuen, MA), and homeowners Jeffrey & Isabelle Perkins – who apparently disregarded disclosures and moved forward with purchasing an illegal foreclosure.
2
The 173-page civil/criminal complaint adds 1600 additional pages of supporting documentation, dozens of email communications over nearly five (5) years to numerous government officials and agencies, Certified SEC documents, and 22-months of recorded conversations detailing deceptive practices during the attempted loan-modification process. In the meantime – Attorney General Maura Healey has officially BLOCKED Mr. Harihar on the Massachusetts AGO social media TWITTER page (for reasons unknown), and Massachusetts legislators are aggressively attempting to pass proposed Bill - S 1981, “CLEARING OF TITLE TO CERTAIN FORECLOSED PROPERTIES”. On September 17, 2015, the Massachusetts State Senate, in a vote of 31 – 7, passed a proposed bill that would restrict homeowners to 3 years (down from 20 years) to sue the responsible lender in order to regain their home after illegal foreclosure. This significant effort by Massachusetts State legislators to push through this legislation raises a number of immediate RED FLAGS. The growing list of Federal and State allegations includes (but is not limited to): RICO violations, “Color of Law violations”, 14
th Amendment infractions to Due Process & Equal Protection Rights, False
Claims, Fraud (including Deceptive Practices), Fraudulent Concealment/Misrepresentation, Perjury, and Fraudulent Assignments. The Commonwealth of Massachusetts has publicly stated that the referenced foreclosure is ILLEGAL, VOID, and does not possess CLEAR TITLE. Per the direction of the US District Court, Harihar has filed through the Executive Branch of Government (DOJ/US Inspector General) – requests to appoint a special prosecutor, and additionally for Whistleblower protection.
1 RMBS - residential mortgage-backed security.
2 Referenced illegal foreclosure is located at 168 Parkview Avenue, Lowell, MA 01852.
2
For Further Media Information Contact: Mohan A. Harihar Email: [email protected] Phone: 617.921.2526 (Mobile) Follow on Twitter: Mohan Harihar@MH_Foreclosur1
*These companies are participating in the Payment Agreement.
Eligible borrowers were sent a Request for Review form by mail starting in November of 2011 when the program launched.
If a borrower previously filed a complaint with these servicers about foreclosures pending during the review period, they were still eligible to file for an independent review of their foreclosure.
There were no costs associated with being included in the review; the review was a free program. Borrowers should beware of anyone requiring payments for assistance in connection with the Independent Foreclosure Review or any other foreclosure assistance program.
Federal Reserve's Role
The Federal Reserve's role is to ensure compliance with the enforcement actions issued in April 2011, including the payment process under the agreement in principle announced in January of 2013.
OCC and Federal Reserve examiners are continuing to closely monitor the servicers' implementation of plans required by the enforcement actions issued in April 2011 to correct the unsafe and unsound mortgage servicing and
Committee on Professional Responsibility for Clerks of the Court Attn: Thomas Ambrosino John Adams Courthouse, Room 2500 1 Pemberton Square Boston, MA 02108 RE: 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 Susan Trippi – Clerk Magistrate of the Northeast Housing Court for Middlesex County, whose negligence in failing to assemble a record for Appeal has led to the WRONGFUL DISPLACEMENT of Mohan A. Harihar, additionally impacting 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 located at 168 Parkview Avenue, Lowell, MA 01852. Since the initial ruling by the Northeast Housing Court, an overwhelming amount of information and evidence has come forth over the past 3 years, supporting my consistent claims of misconduct against referenced parties, along with the MA Appeals Court granting leave to file for New Trial in the lower Court(s). On April 29, 2013, following a hearing before Judge David Kerman, I received a notice from the Northeast Housing Court by mail informing me that my request for new trial had been DENIED, despite the new evidence/information presented, 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 Court by 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 the Notice of Appeal, I was approached by Ms. Trippi, requesting for me to be patient with regard to the Assembly of the Record, 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 and in person, the record has still not been assembled for delivery to the MA Appeals Court. I have additionally addressed this directly with Ms. Trippi twice, both by phone – prior to the eviction order going out, and secondly 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 to be very capable of the duties required by her position. However, there is no excuse for the negligence that has occurred 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 the creation of a Docket case file within the MA Appeals Court. I am now HOMELESS, and I should not be. This misconduct is inexcusable, and I am insisting that there is accountability for the harm and damages caused by these actions, while I continue efforts to repair the damage caused by these collective events.* Thank you for your attention to this matter.
*This matter regarding wrongful foreclosure and wrongful displacement includes documented misconduct, considered both civil and criminal, and against multiple
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parties including (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 chargesare 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 on this 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. Harihar 168 Parkview Avenue Lowell, MA 01852
617.921.2526 (Mobile)
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Exhibit A
133
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,
VIA EMAIL CORRESPONDENCE K&L Gates, LLP Attn: Brian L. Olson, Chief Human Resources Officer State Street Financial Center One Lincoln Street Boston, MA 02111-2950 RE: Attorneys David E. Fialkow and Jeffrey S. Patterson.
Mr. Olson:
It is my understanding that K&L Gates LLP has made the decision to recently employ, as
Partner’s in the Boston Office, Attorneys – David E. Fialkow and Jeffrey S. Patterson
(Previously with Nelson Mullins Reilly & Scarborough, LLP). It is also my understanding that
K&L Gates has made the decision to replace Nelson Mullins as retained counsel to both US
Bank NA and Wells Fargo NA, in litigation against Mohan A. Harihar.
Please be advised of the following:
1. The evidenced civil and criminal misconduct associated with the historical record of
this matter is included as part of a new complaint being filed in Federal Court. The
evidenced misconduct includes (at minimum):
a. Fraud
b. Deceptive Practices
c. Anti-trust Violations
d. Fraudulent Misrepresentation
e. Fraudulent Assignments
f. Perjury
g. Aiding and Abetting Fraud
h. 14th Amendment Constitutional infraction to Due Process and Equal
Protection Rights.
i. Improper relationships revealing evidenced Collusion – involving the MA
Attorney General’s Office, the MA US Attorney’s Office, the Boston BAR
138
association, and Defendant’s counsel (prior) – Nelson Mullins Riley &
Scarborough LLP.
j. Abuses of Judicial discretion
k. Infractions/Infringement to the Intellectual property belonging to Mohan A.
Harihar, including projects designed to assist with this Nation’s (and Global)
economic recovery from the US Foreclosure/Financial Crisis.
2. David E. Fialkow, Jeffrey S. Patterson, and their former employer – Nelson Mullins
Riley and Scarborough LLP will now be included Defendants in this Federal
complaint(s). Nelson Mullins is on record as supporting the documented misconduct
of retained counsel. Senior management has remained silent for nearly two (2) years
since having been implicated by the managing partner of the Boston Office, Peter
Haley.
3. Clear evidence of improper relationships including Collusion is on record.
Furthermore, there has been no denial by ANY party – the Massachusetts Attorney
General’s Office, the US Attorney’s Office, the Boston BAR Association, or Nelson
Mullins Riley and Scarborough LLP, of these very serious, and clearly evidenced
allegations.
4. Any party, agency, employer, etc… who so chooses to align themselves in support of
this referenced misconduct, is expected to be added as a Defendant in the forthcoming
Federal action(s).
5. A copy of this correspondence will be included in the referenced Federal complaint.
6. While K&L Gates has yet to been listed as a Defendant, Plaintiff – Mohan A. Harihar
has reserved the right to expand the list of Defendants as the depth of misconduct
continues to be revealed/exposed.
You are now respectfully requested to articulate for the record, your intentions as they pertain
to this matter. Please note, a failure to do so will be interpreted as a decision to support the
evidenced misconduct of referenced clients and new employees/partners of K&L Gates, LLP.
Thank you for your attention to this matter.
139
Sincerely,
Mohan A. Harihar
Attachment P
140
Mohan A. Harihar 168 Parkview Avenue Lowell, MA 01852 617.921.2526 (Mobile)
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:
141
1. Docket 2013-P-1829 Appellant Motion Requesting Clarification and
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)
142
August 21, 2014
VIA EMAIL 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
Mohan A. Harihar 168 Parkview Avenue Lowell, MA 01852 617.921.2526 (Mobile)
143
succeed in recouping compensation for the damage caused or in holding responsible parties
accountable for their misconduct.
Understanding this matter is still in active litigation, the request made to the Inspector
General’s 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)
144
December 22, 2014
VIA EMAIL DELIVERY
Office of the Inspector General
John W. McCormack State Office Building
One Ashburton Place, Room 1311
Boston, MA 02108 RE: Request for Internal Investigation of Attorney General Martha Coakley, et al.
Dear Inspector General Cunha:
After filing the August 2014 request to review & monitor – the civil/criminal matters
pertaining to the Wrongful Foreclosure of Mohan A. Harihar, this email communication is
respectfully sent to your attention on this Monday, December 22, 2014 with regard to the
following:
1. Concerns involving the Massachusetts Office of the Attorney General, who has
exemplified no effort to prosecute or any attempt to even mediate definitive criminal
misconduct associated with the Wrongful Foreclosure/Displacement of Mohan A.
Harihar - all of which is well documented, fully supported and on file with the
Court(s).46
2. Clear and irrefutable evidence of Collusion and conflict has been revealed47
, as it
pertains to the referenced matter, involving the following parties:
a. The Office of the MA Attorney General.
b. Nelson Mullins Riley and Scarborough, LLP.
46
Reference MA Appeals Court Docket(s) 2012-P-1515, 2013-P-0671, 2013-P-1829, and also Criminal
Complaints filed directly with the MA Office of the Attorney General and the Fraud Investigations Unit of the
Federal Bureau of Investigation (FBI). 47
See attached, Exhibit A
Mohan A. Harihar
168 Parkview Avenue
Lowell, MA 01852
617.921.2526 (Mobile)
145
c. The US Attorney’s Office.
d. The Boston BAR Association.
This evidence has been brought to the attention of the MA Appeals Court, and
apparently ignored.
3. Additional evidence on file with the Court(s), support (at minimum) the following
criminal misconduct:
a. Fraud (including, but not limited to Deceptive Practices).
b. Fraudulent Concealment.
c. Fraudulent Misrepresentation.
d. Fraudulent Assignments.
e. Perjury.
f. Confirmation of Fraud by nationally recognized FRAUD EXPERT – Lynn
Syzmoniak.
4. Attorney General - Martha Coakley has been regularly updated directly via email for
over two (2) years, apparently choosing to ignore/disregard this matter. Associated
criminal complaints are additionally on file with the MA Office of the Attorney
General.
5. The clear, and evidenced relationship between the MA Attorney General’s Office and
Nelson Mullins Riley & Scarborough LLP (retained counsel for Wells Fargo NA and
US bank NA in litigation vs. Mohan A. Harihar), supports clear collusion, conflict,
and shows cause to question the integrity of the MA Attorney General’s Office, their
failure to prosecute, or attempt to even mediate this matter.
6. The Attorney General’s “ongoing investigation” of Appellee/Defendant – Harmon
Law Offices PC for related misconduct, raises additional questions and concerns for
their lack of action here as well. These concerns which include Nelson Mullins Riley
and Scarborough LLP, also identify what is considered to be a “second tier to the
foreclosure mill law firm.”
7. It has been made clear, that this matter is not a singular issue. It has been irrefutably
identified and connected to civil and criminal misconduct associated with the US
Foreclosure Crisis, which has definitively caused irreparable harm to approximately
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65,000 wrongfully foreclosed homeowners throughout this Commonwealth, and at
minimum, 4.2 million throughout this Nation.
Since the August 2014 request to monitor & review this matter, your office has been
regularly included in related communications. These stated concerns pertaining to the
criminal misconduct associated with this matter respectfully should, and may already
be realized.
An email communication has been sent this morning to the direct attention of Attorney
General Martha Coakley48
. It is a third and final follow-up requesting an update to
mediation efforts regarding this matter. A requested timeline for response ending
Tuesday, December 30, 2014 @ 5pm EST has been given to provide an officially
documented and detailed update.
The US Foreclosure/Financial Crisis is arguably considered by many, to be the largest
case of FRAUD in the history of these United States. As anticipated, the decisions
made by referenced parties choosing to ignore these documented facts and concerns,
continue to expose the depth of associated misconduct - and still more evidence is
forthcoming, including (but not limited to) certified documents provided by the
SEC.49
Based on the current path, the interpreted message sent by this Attorney General, to
65,000 wrongfully foreclosed homeowners throughout this Commonwealth appears
clear – no matter how much evidence or information there is supporting your
claim/criminal complaint, you will not be allowed to succeed in holding
responsible parties accountable for their criminal misconduct. They are
considered “ABOVE THE LAW.” These serious concerns clearly question the
integrity of the Attorney General’s Office, and of Attorney General Coakley.
48
The Office of the MA Inspector General has been copied on this email correspondence to Attorney General
Coakley. 49
SEC – Securities and Exchange Commission.
147
You have been made aware, that these concerns are additionally related to a separate,
private economic project(s), created by Mohan A. Harihar - designed to assist with this
Nation’s and overall global recovery from the US Foreclosure/Financial crisis50
. All
parties, actions, etc…that bring increased risk to these projects, will be included in
forthcoming litigation for civil damages associated with the infringement to
Intellectual Property belonging to Mohan A. Harihar. Parties thus far currently include
(but are not limited to): Wells Fargo NA, US Bank NA, the Securitized Mortgage
Trust CMLTI 2006-AR1, Nelson Mullins LLP, and Harmon Law Offices PC.
You are aware, that the MA Appeals Court has recently granted Mohan A. Harihar
permission to file for new trial for civil damages related to the referenced wrongful
foreclosure, and referenced Intellectual property. Leave has been granted, due to the
overwhelming amount of documented evidence and information which continues to
come forth in full support of Mr. Harihar’s consistent claims. Failure to take corrective
action by the Attorney General will show cause to include the Commonwealth as a
Defendant in the referenced, forthcoming civil action.
ALL responsible parties that have been identified have been given ample opportunity,
to seek and reach agreement regarding these matters. These opportunities have been
repeatedly either denied or ignored. Therefore, I respectfully call for the following
action(s):
1. A full internal investigation of Attorney General Martha Coakley, Nelson Mullins
LLP, Harmon Law Offices PC and ALL parties who have been associated with
this matter.
2. Securing a Special Prosecutor to forthcoming litigation, and determining the
appropriate Court venue.
50
The FCS model is one of three projects considered to be the intellectual property belonging to Mohan A.
Harihar (Copyright, Patent-pending).
148
3. Continued monitoring of all civil Court proceedings, including historical decisions
from ALL Courts.51
Please be advised, the following parties have been copied on this email communication: Vice
President Joe Biden, Governor Deval Patrick (MA), Governor-Elect Charles Baker (MA), US
Senator Elizabeth Warren (MA), US Senator Ed Markey (MA), Congresswoman Niki
Tsongas (MA), Attorney General Martha Coakley (MA), Attorney General-Elect Maura
Healey (MA), Assistant Deputy Director Timothy Sheehan (CFPB)52
, Christina Sterling
(Spokesperson, US Attorney’s Office - MA)53
, and Susan Herman (President, ACLU).
Separate Media communication has also been made available for the specific purpose of
informing the People of this Commonwealth, and this Nation of these concerns (Attached for
reference)54
. ALL communications (email, etc…involving ALL responsible parties and
related Court documents) are additionally being prepared for publication as reference and to
provide public awareness.
It brings me no pleasure to move in this legal direction. However, any system which
allows this level of criminal misconduct to continue without any accountability, will not,
nor should ever be tolerated.
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.
Respectfully,
51
MA Civil proceedings have included: Lowell District Court, Northeast Housing Court, Middlesex Superior
Court, MA Appeals Court, and the MA Supreme Court. 52
CFPB – Consumer Financial Protection Bureau. 53
DOJ - Department of Justice. 54
Click on the following link to view the 12/22/14/Media Alert:
149
Mohan A. Harihar
Cc: Vice President Joe Biden
Governor Deval Patrick (MA)
Governor-Elect Charles Baker (MA)
US Senator Elizabeth Warren (MA)
US Senator Ed Markey (MA)
Congresswoman Niki Tsongas (MA)
Attorney General Martha Coakley (MA)
Attorney General-Elect Maura Healey (MA)
Assistant Deputy Director Timothy Sheehan (CFPB)
Christina Sterling, Spokesperson, US Attorney’s Office (MA)
Susan Herman (President, ACLU)
EXHIBIT A
150
151
March 20, 2015
VIA EMAIL DELIVERY
Office of the Inspector General
John W. McCormack State Office Building
One Ashburton Place, Room 1311
Boston, MA 02108
RE: Update to Harihar Litigation and Move to Federal Court
Dear Inspector General Cunha:
This email correspondence is sent to your direct attention as follow-up to
prior communications (last delivered, August 22, 2014). The depth of
documented misconduct surrounding the Harihar Foreclosure continues to come
forth. While the Massachusetts Appeals Court has already granted - Mohan A.
Harihar leave to file for new trial, the collective facts surrounding this
matter satisfy (at minimum) the Federal requirements of diversity; damages
exceeding a threshold of $75,000; violations to Federal Antitrust laws;
Constitutional Violations of the 14th Amendment to Due Process and Equal
Protection Rights; Improper relationships revealing evidenced Collusion and
Conflict involving the Office of the Massachusetts Attorney General, the US
Attorney’s Office, the Boston BAR Association, and Nelson Mullins Riley &
Scarborough LLP; and numerous abuses of Judicial discretion on multiple
levels - in which the Commonwealth thus far has failed to address and take
corrective action.
ALL parties are additionally aware of the related infringement/damages to
Mr. Harihar’s Intellectual Property. This includes projects designed to
assist with this Nation’s and overall Global economic recovery from the US
Foreclosure/Financial Crisis. New civil and criminal complaints are now
being prepared for filing in Federal Court.
Original Defendants include:
Mohan A. Harihar
168 Parkview Avenue
Lowell, MA 01852
617.921.2526 (Mobile)
152
1. Wells Fargo NA
2. US Bank NA
3. RMBS CMLTI 2006-AR1
4. Harmon Law Offices PC
Additional Defendants in the forthcoming Federal civil/criminal actions
will include:
5. The Commonwealth of Massachusetts
6. Nelson Mullins LLP
7. Attorney David E. Fialkow
8. Attorney Jeffrey S. Patterson
9. Attorney Peter Haley
10. Real Estate Brokers Kenneth and Mary Daher
11. Purchasers of the referenced illegal foreclosure – Jeffrey and
Isabelle Perkins.
Please be advised, as a prelude to filing new Federal actions, injunctive
relief is now being sought in the Middlesex Superior Court – providing an
opportunity for the Commonwealth to take corrective action. Any corrective
action taken by the Court (or failure to do so) will be recognized as this
matter moves to Federal Court.
This is a very serious and sensitive matter. The overwhelming amount of
evidenced misconduct directly ties to what many consider the largest case
of FRAUD in the history of these United States. Respectfully, you are aware
that the evidenced allegations, including clear concerns of CORRUPTION,
have made it necessary to involve your office, and a call for (at minimum)
multiple internal investigations.
Please be advised - this correspondence (and those prior) are considered
part of the record as this matter moves to Federal Court. Your office is
respectfully requested to articulate for the record, your intentions for
initiating next steps as it relates to these serious allegations.
Additionally, please advise whether the involvement of additional Offices
and/or agencies (please be specific) is now required. A copy of this
correspondence is being filed with the Middlesex Superior Court, in
addition to the Government officials and agencies copied in the list below.
153
If your office has ANY questions, or requires ANY additional information,
please advise.
Thank you for your attention to this matter.
Sincerely,
Mohan A. Harihar
Cc: Vice President Joe Biden
Governor Charles Baker (MA)
US Senator Elizabeth Warren (MA)
US Senator Ed Markey (MA)
Congresswoman Niki Tsongas (MA)
Attorney General Maura Healey (MA)
Assistant Deputy Director Timothy Sheehan (CFPB)
Christina Sterling, Spokesperson, DOJ (MA)
Susan Herman (President, ACLU)
154
Attachment Q
155
156
157
Attachment R
158
159
Attachment S
160
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 Complaint55
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.
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See Appendix, Completed Form E-1, as required, p. 5 56 See Appendix, March 23, 2014 Email Communication RE: Disclosure, Civil & Criminal Liability, p. 6 - 9
Mohan A. Harihar 168 Parkview Avenue Lowell, MA 01852 617.921.2526 (Mobile)
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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.
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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 email communication response from Mary Koontz-Daher, a response considered inappropriate, unprofessional, and falsely stated.
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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 NAR’s Code of Ethics, and have highlighted several areas within the Preamble, as well as Articles 1, 2, 3, 11, 12 & 14.
59 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, etc…to 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
57 See Appendix, May 23, 2014 Email Communication and 5/19/14 Media Alert (Click on Link to access), p. 9 58 See Appendix, June 7, 2014 Email response by Mary Koontz-Daher, and attached original communication(s), p.9 59 See Appendix, Highlighted sections within NAR - Code Of Ethics and Standards of Practice, p. 10 - 14
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(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.
Respectfully Submitted,
Mohan A. Harihar
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APPENDIX
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Mohan A. Harihar 168 Parkview Avenue Lowell, MA 01852 617.921.2526 (Mobile)
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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 General’s 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**.
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.
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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.
Sincerely,
Mohan A. Harihar
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WRONGFULLY FORECLOSED HOMEOWNER TO ADDRESS INSPECTORS' GENERAL, & PETITION TRANSFER TO FEDERAL COURT http://www.scribd.com/doc/225049527