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Fraud
Deceptive Practices
Anti-trust Violations
Fraudulent Misrepresentation
Fraudulent Assignments
Perjury
Aiding and Abetting Fraud
th
14 Amendment Constitutional infraction to Due Process and Equal
Protection Rights.
9. Collusion involving the MA Attorney Generals Office, the MA US
Attorneys Office, the Boston BAR association, and Defendants counsel
(prior) Nelson Mullins Riley & Scarborough LLP.
10. Abuses of Judicial discretion
11. Infractions to the Intellectual property belonging to Mohan A.
Harihar, including projects designed to assist with this Nations (and
Global) economic recovery from the US Foreclosure/Financial Crisis.
The depth of documented misconduct extends beyond the original Defendants (Wells Fargo NA, US
Bank NA, RMBS CMLTI 2006-AR1, and Harmon Law Offices PC). Additional Defendants in the
forthcoming Federal complaint(s) now include: The Commonwealth of Massachusetts, Nelson Mullins
LLP, associated attorneys, associated real estate brokers, and parties who chose to move forward
1
with an illegal foreclosure.
Now, as Federal civil and criminal complaints are being prepared, injunctive relief is being sought in
the Middlesex Superior Court, giving the Commonwealth an opportunity to take some corrective action
as this matter moves to Federal Court. Motions are additionally filed calling for the Court to address
attorney misconduct with the Massachusetts BAR (Scroll down to view these pending Motions, filed
with the Middlesex Superior Court Lowell, and also an updated correspondence delivered to the MA
Inspector General).
1
Associated attorneys include: Atty David E. Fialkow (Now with K&L Gates LLP, Atty Jeffrey S. Patterson (K&L Gates),
Atty Peter Haley (Nelson Mullins Riley & Scarborough LLP). Associated real estate brokers include Ken & Mary Daher
(Daher Companies/Weichert Realtors in Methuen, MA). Jeffrey & Isabelle Patterson are the parties who purchased the illegal
foreclosure, located at 168 Parkview Avenue, Lowell, MA 01852.
The problem now, is that the case file has suddenly disappeared.
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)
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS
SUPERIOR COURT
DEPARTMENT
CIVIL ACTION NO.: 11-04499
MOHAN A. HARIHAR
Plaintiff
vs.
WELLS FARGO NA,
US BANK NA, RMBS CMLTI2006 AR-1,
HARMON LAW OFFICES PC, et al.
Defendants
documented with the Court(s) and in line with complaints already filed against them
specifically:
(1) Attorney David E. Fialkow, Partner (Nelson Mullins Riley & Scarborough
LLP, Boston Office)
(2) Attorney Jeffrey S. Patterson, Partner (Nelson Mullins Riley & Scarborough
LLP, Boston Office)
(3) Attorney Peter Haley, Managing Partner (Nelson Mullins Riley &
Scarborough LLP, Boston Office)
(4) Nelson Mullins LLP (Multiple US Offices, Boston affiliate is Nelson Mullins
Riley & Scarborough, LLP)
(5) Harmon Law offices PC (Newton, MA)
The Plaintiff respectfully reminds this Court, that the initially retained law firm (to Defendant
US BANK NA) in this matter is Defendant Harmon Law Offices PC. This is the same
law firm considered by many as the Foreclosure Mill of the Commonwealth, associated
with over 50,000 foreclosures in the Commonwealth alone. This is the same law firm that
WITHDREW from this matter, approximately six (6) months after litigation against this
Plaintiff began, and three (3) days after the Plaintiff informed them they would be held legally
accountable for their actions. This is the same law firm that has been under investigation by
the Massachusetts Attorney Generals Office for over three years for illegal foreclosure
and eviction practices. This is the same law firm directly tied to disbarred FLORIDA
foreclosure kingpin David Stern. This also is the same law firm who has not refuted ANY
of the Plaintiffs allegations against them since new evidence and information has come
forth.
The continued course of deception has been clearly evidenced and historically well
documented over the past three (3) years with the currently retained firm - Nelson Mullins
LLP, retained attorneys David E. Fialkow, Jeffrey S. Patterson, and managing partner
Peter Haley on record for stating the firms full support of this deceptive misconduct.4
The damages suffered to this Plaintiff are considered severe, and responsible parties have
shown no signs of remorse or accountability for their actions. The record will show, that
ample opportunity has been afforded to these parties to CEASE AND DESIST, and seek
agreement all opportunities have been either refused or ignored. Referenced representing
attorneys and their respective law firms must now too, be held accountable.
It is the understanding of this Plaintiff, that LYING to ANY Court is still regarded as a serious
offense. This Plaintiff is certain, that the level of ethics exemplified by retained counsel
(current and prior) fails to meet the standard which is demanded by this Commonwealth, or
any other state in this Nation. The level of attempted deception by these parties to aid and abet
their clients misconduct over the past years is disturbing, and must no longer be tolerated.
The Plaintiff respectfully calls for this Court to now notify the Massachusetts Board of BAR
Overseers/BAR Counsel of these clearly evidenced allegations, and the recommendation for
See Exhibit B, Email correspondence from Peter Haley Managing Partner, Nelson Mullins Riley &
Scarborough LLP.
immediate action, including but not limited to disbarment. The Plaintiff additionally petitions
the Court to assign a Special Prosecutor to assist with addressing the evidenced criminal
portions of associated misconduct, including (but not limited to) referenced Collusion,
Fraud, Deceptive Practices, Fraudulent Concealment, Fraudulent Misrepresentation,
Fraudulent Assignments, Aiding and Abetting Fraud, and Perjury.5
This Plaintiff finds no pleasure in taking this necessary course of action. However, the
insistence by referenced parties to continue causing irreparable harm and accruing damages,
warrants an immediate call for action.
Respectfully Submitted,
Mohan A. Harihar
168 Parkview Avenue
Lowell, MA 01852
617.921.2526 (Mobile)
Mo.harihar@gmail.com
A thorough review of all related historical documents submitted to the Court, email correspondences, etc is
necessary to reveal the referenced infractions, and frequency of occurrence.
EXIBIT A
10
EXHIBIT B
11
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
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
12
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
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.
13
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
Attorney Fialkow,
Please be advised a hardcopy of the attached notice has been mailed to your attention.
14
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS
SUPERIOR COURT
DEPARTMENT
CIVIL ACTION NO.: 11-04499
MOHAN A. HARIHAR
Plaintiff
vs.
WELLS FARGO NA,
US BANK NA, RMBS CMLTI2006 AR-1,
HARMON LAW OFFICES PC, et al.
Defendants
Plaintiff references opposition received from Defendants US Bank NA, Wells Fargo NA and CMLTI 2006AR1. Defendant Harmon Law Offices PC has filed no opposition, and is therefore in default.
15
16
17
and the Plaintiff submits the required 9A package with opposition received from
Defendants US Bank NA, Wells Fargo NA and CMLTI 2006-AR1 only. Plaintiff
therefore moves for this Court to find Defendant Harmon Law Offices PC in default,
per Mass. Civil Procedure Rule 55.
The Defendants default also calls for the Court to take notice, of the lack of alignment
and clear conflict between Defendants. As recently experienced in the Appeals Court,
this conflict questions the validity of everything submitted by Defendants US Bank
NA, Wells Fargo NA and CMLTI 2006-AR1.
6. The Plaintiff restates to this Court the relationship of Defendant Harmon Law
Offices PC, to disbarred Florida Foreclosure Kingpin David Stern, and the ongoing
investigation by the Massachusetts Attorney Generals Office for unlawful foreclosure
and eviction practices. Further review and understanding of the related facts will
reveal that Nelson Mullins Riley and Scarborough LLP are considered the second tier
law firm to foreclosure mill litigation in this Commonwealth.
7. This Plaintiff has followed the rules of the Court; has clearly conducted himself in an
ethical manner; exemplified complete transparency, and shown beyond ANY doubt,
evidenced misconduct by Defendants and their retained counsel. It is understandable
to suspect, that a degree of embarrassment exists knowing that this pro se litigant has
exemplified the ability to successfully argue this matter in a Court of law. Regardless,
their position now comes by their own hand. Requests now by counsel to restrict
Plaintiffs speech and future filings are made in apparent desperation, as their
collective actions have now brought them certain increased legal risk.
18
In conclusion, for the reasons set forth herein, and in the original Motion, the Plaintiff
respectfully restates its request for this Court to notify and inform the Massachusetts Board of
BAR Overseers/BAR Counsel along with recommendations for corrective action the Court
deems appropriate. The Court should also DENY Defendants request for additional fees and
efforts that would in any way restrict Plaintiffs speech or future filings (if necessary).
The Plaintiff is grateful for the Courts consideration of this Motion. As with the Motion
requesting injunctive relief, any corrective action taken by this Court will be recognized as
this matter moves to Federal Court.
Respectfully Submitted,
Mohan A. Harihar
168 Parkview Avenue
Lowell, MA 01852
617.921.2526 (Mobile)
Mo.harihar@gmail.com
19
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS
SUPERIOR COURT
DEPARTMENT
CIVIL ACTION NO.: 11-04499
MOHAN A. HARIHAR
Plaintiff
vs.
WELLS FARGO NA,
US BANK NA, RMBS CMLTI2006 AR-1,
HARMON LAW OFFICES PC, et al.
Defendants
20
(1) Reversal of this Courts initial decision associated with this Docket No. 1104499, previously in favor of the Defendant(s), with the majority of damages
to be addressed in the forthcoming civil action.
(2) Reversal of the associated Summary Judgment made by the Northeast Housing
Court9, as the referenced foreclosure is considered illegal by the
Commonwealth of Massachusetts.
(3) Corrective action regarding the Wrongful Displacement of the Plaintiff, who is
still HOMELESS since his eviction nearly one (1) year ago, February, 2014.
The Plaintiff respectfully requests injunctive relief to the extent that this Court
orders the Defendants to provide equivalent interim housing to Mr. Harihar,
while legal matters proceed.10
(4) The Plaintiff respectfully requests injunctive relief ordering the new
replacement cost of all furnishings, belongings, etc the Plaintiff was forced
to liquidate, give away or leave behind, as a result of the referenced illegal
foreclosure/ displacement.11
(5) The Plaintiff respectfully requests injunctive relief ordering the Defendants to
provide a new replacement vehicle (or equivalent new replacement cost), for
the forced vehicle repossession resulting from the Defendants misconduct.
The Plaintiff has since had to burden family members to assist with providing
If the Middlesex Superior Court lacks the authority to overturn the referenced Summary Judgment, please
advise.
10
Equivalent interim housing is defined as a twenty-six hundred (2600) square foot, four (4) bedroom, two plus
(2+) bath single-family, condominium, townhome, or apartment, with a minimum of two (2) parking spaces. The
location of this interim housing is requested in the city of Boston, MA, as the Plaintiff has been forced to take a
significantly lesser job as a part-time bartender. Interim housing is requested in close proximity to the Plaintiffs
place of employment, and which meets the approval of the Plaintiff.
11
Replacement cost is equated to new replacement cost.
21
22
requested for immediate relief from Harmon Law offices PC separate from
relief being sought in the forthcoming civil action, as reimbursement for this
Plaintiffs time spent while the Harmon served as retained counsel to
Defendant US Bank NA (Estimated time as retained counsel 6 months, or
26 weeks; Plaintiff caps legal hours at 40 hours per week). The hourly rate is
set equal to, but not greater than the hourly rate charged by Harmon Law
Offices PC to its client, US Bank NA (Estimated at $250 per hour). 14The total
requested relief for this timeframe is $260,000 (Separate Motion filed).
The damages suffered to this Plaintiff are considered severe, and responsible parties have
shown no signs of remorse for their actions. Corrective action and the granting of requested
relief will allow this Plaintiff to at least re-establish a foundation while legal matters proceed.
The Plaintiff is grateful for the Courts consideration of this request, and any additional relief
it deems appropriate.
Respectfully Submitted,
Mohan A. Harihar
168 Parkview Avenue
Lowell, MA 01852
617.921.2526 (Mobile)
Mo.harihar@gmail.com
14
23
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS
SUPERIOR COURT
DEPARTMENT
CIVIL ACTION NO.: 11-04499
MOHAN A. HARIHAR
Plaintiff
vs.
WELLS FARGO NA,
US BANK NA, RMBS CMLTI2006 AR-1,
HARMON LAW OFFICES PC, et al.
Defendants
Plaintiff references opposition received from Defendants US Bank NA, Wells Fargo NA and CMLTI 2006AR1. Defendant Harmon Law Offices PC has filed no opposition, and is therefore in default.
24
This
announcement
impacts
ALL
prior
related
25
References the Appellate Brief associated with Docket No: 2013-P-1829, and further description of Plaintiffs
Intellectual Property, known as the FCS Model. ; Plaintiff is happy to provide a copy of the Appellate Brief in
its entirety upon request.
26
The Plaintiff additionally notes, that leave recently granted by the Massachusetts
Appeals Court, was based on all four (4) phases of damages, as detailed here.
27
Much has occurred since the initial rulings made by this Court, and the Northeast
Housing Court. The Plaintiff recommends that the Court REVIEW AND VALIDATE
ALL facts, evidence, and information which has steadily come forth since the initial
ruling. Such review will reveal Plaintiff has long since satisfied all three parts
articulated in Packaging Indus. 380 Mass. At 618-20.
5. Forthcoming Civil Action will be filed in Federal Court The Plaintiff makes no
effort to retry this case here. The 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; Evidenced Collusion and Conflict, in
which the Commonwealth thus far has failed to address and take corrective action;
Additional Defendants in the forthcoming civil action will include: The
Commonwealth of Massachusetts, Nelson Mullins LLP, Attorney David E. Fialkow,
Attorney Jeffrey S. Patterson, Attorney Peter Haley, Real Estate Brokers Kenneth and
Mary Daher, and purchasers of the referenced illegal foreclosure Jeffrey and Isabelle
Perkins.
6. Defendant Harmon Law Offices PC is in Default As experienced in the recent
Appeal, Docket No. 2013-P-1829, and in accordance to Superior Court Rule 9A,
Defendant Harmon Law offices PC has failed to file timely opposition to Plaintiffs
requests for injunctive relief. Similarly, Harmon makes no effort to file any opposition
against Plaintiffs Motion to inform the MA Board of BAR Overseers/ BAR Counsel.
All Defendants received Plaintiffs Motions via US Priority Mail on February 10,
2015. Superior Court Rule 9A states that opposition to a motion shall be served within
28
ten (10) days, plus three (3) days for mailing. The allotted timeline for Harmon has
since expired, and the Plaintiff submits the required 9A package with opposition
received from Defendants US Bank NA, Wells Fargo NA and CMLTI 2006-AR1
only. Plaintiff therefore moves for this Court to find Defendant Harmon Law Offices
PC in default, per Mass. Civil Procedure Rule 55, and to award the Plaintiff the
injunctive relief requested.
The Defendants default also calls for the Court to take notice, of the lack of alignment
and clear conflict between Defendants. As recently experienced in the Appeals Court,
this conflict questions the validity of everything submitted by Defendants US Bank
NA, Wells Fargo NA and CMLTI 2006-AR1.
7. Defendants (US Bank, Wells Fargo, and CMLTI 2006-AR1) latest acts of
deception against the Plaintiff and this Court warrant additional relief As
clearly evidenced historically and now in the Defendants latest opposition, the
fraudulent misrepresentation of the facts must no longer be tolerated. It is largely the
reason why this Plaintiff continues to endure hardship, and a case which should have
been settled long ago. The Plaintiff respectfully calls for this Court to recognize the
many instances these Defendants have been afforded the opportunity to seek mutual
agreement, all of which have been ignored or denied. Here again, the Plaintiffs
attempt to extend an olive branch has again been disregarded, as deceptive and
harmful tactics continue.
Therefore, similar to the injunctive relief sought for the Plaintiffs time while
Defendant Harmon Law Offices served as retained counsel to Defendant US Bank,
29
Plaintiff now wishes to expand this request to include the timeline Nelson Mullins has
served as current counsel.18While the Plaintiff had originally planned to include this
portion of damages in the forthcoming Federal civil action, the Defendants decision to
show such blatant disrespect and deception before this Court warrants the expansion of
injunctive relief.
It is through sheer arrogance and the apparent belief of being ABOVE THE LAW
that these Defendants now find themselves in this position of increased legal risk.
Their position now is by their own hand. As this pro se Plaintiff has abided by the
rules of the Court, so too, must these Defendants and counsel be held accountable
when they violate and abuse the law.
This Plaintiff is grateful to this Court for its consideration in this request for injunctive
relief. Any corrective action taken by this Court will be recognized as this matter
moves to Federal Court.
Respectfully Submitted,
18
Estimated timeline as retained counsel begins October 2011 to present, approximately 175 weeks; capped at 40
hours per week, at the same hourly rate charged to their clients Defendants Wells Fargo and US Bank; Rate is
believed to range between $500 - $1000 per hour; Plaintiff respectfully requests that the Court validate the rate
charged throughout this timeframe to ensure accuracy. Total relief for Plaintiffs time while Nelson Mullins has
served as retained counsel is estimated between $3.5M - $7M.
30
Mohan A. Harihar
168 Parkview Avenue
Lowell, MA 01852
617.921.2526 (Mobile)
Mo.harihar@gmail.com
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS
SUPERIOR COURT
DEPARTMENT
CIVIL ACTION NO.: 11-04499
MOHAN A. HARIHAR
Plaintiff
v.
WELLS FARGO NA,
US BANK NA, RMBS CMLTI2006 AR-1,
HARMON LAW OFFICES PC, et al.
Defendants
31
detailed in the Motions accompanying this Opposition, perhaps the most damning
evidence information to date is the most recent:
i) Defendants fail to address MA Attorney General Announcement dated
1/16/2015 Defendants here make no attempt to even address the announcement
made by (then) Massachusetts Attorney General Martha Coakley on January 16,
2015, which reaffirms that the referenced foreclosure is considered VOID by the
Commonwealth of Massachusetts. This announcement impacts ALL prior
related decisions/judgments, and in itself warrants the granting of injunctive
relief to this Plaintiff.19
ii) Counsel Fails to address recent evidence by their own client - Senior Vice
President to Defendant, Wells Fargo20 - The evidenced correspondence and
check sent to the Plaintiff on January 20, 2015 by Wells Fargo Senior Vice
President (Leesa Whitt-Potter), illustrates beyond any doubt, damning proof of
deceptive conduct, thus supporting this Plaintiffs consistent claims, and shattering
the defendants argument(s). This too, in itself, impacts ALL prior related
decisions/judgments, and warrants the granting of injunctive relief to this Plaintiff.
The decision by counsel to completely avoid addressing these two (2) critical
pieces of evidence, and to instead submit a deceptive and false version of the facts,
exemplifies an act of apparent desperation, thus reaffirming continued acts of
fraudulent misrepresentation.
19
20
See Exhibit A reference to Docket No.11-4363, filed in Suffolk County Superior Court.
See Exhibit B Wells Fargo Correspondence and check issued to Plaintiff.
32
2. The Massachusetts Appeals Court has granted this Plaintiff/Appellant leave to file
for new trial FOR A SECOND TIME.21The Massachusetts Appeals Court
clearly believes that the abundance of facts supporting this Plaintiffs consistent
claims of injury contain merit. Granting any party leave to file for new trial is not
automatic. Granting leave to this Plaintiff a second time is substantial. The
Defendants complete omission of these facts aligns with their historical deceptive
tactics. All references by Defendants stating that the Plaintiffs claims are meritless
and/or baseless are therefore entirely false. Plaintiffs consistent claims have been
fully supported. The Plaintiff is happy to revisit ANY portion of these claims if so
requested by the Court. Furthermore, these continued false characterizations by
Defendants reveal that it is THEY who are in fact slanderous and defamatory not the
other way around.
3. Referenced attorneys, who may have historically claimed to have impeccable
professional records, no longer have that luxury. The Plaintiff has provided the
Court(s), irrefutable evidence of Collusion, Fraud, Deceptive Practices, Fraudulent
Concealment, Fraudulent Misrepresentation, Fraudulent Assignments, Aiding
and Abetting Fraud, and Perjury. Counsels suggestion that not a single fact of
violation has been submitted is clearly false. Even counsels superior, Peter Haley
the managing partner of Nelson Mullins Riley and Scarborough LLP (Boston),
has not uttered a single word to defend his position (or that of representing
counsel Attorney David E. Fialkow), since implicating his entire firm over a
year and a half ago.
21
33
4. The clear and irrefutable evidence of Collusion22 reveals existing relationships which
are clearly improper between the Defendants counsel, the Massachusetts Attorney
Generals Office, the US Attorneys Office, and the Boston BAR Association. The
Plaintiff restates that NO party or agency has made ANY attempt to deny these clearly
evidenced allegations. If criminal charges against referenced parties are not moving
forward; If further investigations are not taking place; and if the Court(s) are failing to
address ANY of these serious allegations this Plaintiff has clear reason to suspect
that these improper relationships play a role, which are believed to involve variables of
corruption. The Plaintiff has made clear, that these collective concerns question the
integrity of judicial system in this Commonwealth. It has additionally shown cause to
inform and involve the Massachusetts Inspector Generals Office, and a move to
Federal Court.23Moving forward, the appointment of a special prosecutor is clearly
necessary.
5. Forthcoming Civil Action will be filed in Federal Court The Plaintiff makes no
effort to retry this case here. The 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; Evidenced Collusion and Conflict, in
which the Commonwealth thus far has failed to address and take corrective action;
Additional Defendants in the forthcoming civil action will include: The
Commonwealth of Massachusetts, Nelson Mullins LLP, Attorney David E. Fialkow,
Attorney Jeffrey S. Patterson, Attorney Peter Haley, Real Estate Brokers Kenneth and
22
23
See Exhibit C
As referenced in the Appellant Brief to Docket No: 2013-P-1829.
34
Mary Daher, and purchasers of the referenced illegal foreclosure Jeffrey and Isabelle
Perkins.
6. This matter is one which is irrefutably and directly tied to what many consider the
largest case of FRAUD in the history of these United States. The extensive and still
growing amount of evidence supporting this Plaintiffs consistent claims continues to
expose the depth of this FRAUD and apparent CORRUPTION. It has shown clear
cause to inform and involve the Massachusetts Inspector Generals Office, and the
immediate call for multiple internal investigations. The failure thus far, by this
Commonwealth on multiple levels to initiate appropriate corrective action is
troublesome, and now warrants the involvement of Federal authorities. Furthermore,
multiple parties will continue to be regularly updated and informed with related
FACT-BASED information, as this matter is irrefutably tied to the US
Foreclosure/Financial Crisis. Parties include (but are not limited to): The Executive
Offices of the President of the United States, members of the United States Senate,
members of Congress, the Media, and the Public.
7. Defendant Harmon Law Offices PC is in Default As detailed in the related
Motions submitted to the Court, Harmons default calls for the Court to take notice of
the lack of alignment and clear conflict between Defendants. As recently experienced
in the Appeals Court, this conflict questions the validity of everything submitted by
Defendants US Bank NA, Wells Fargo NA and CMLTI 2006-AR1.
8. This Plaintiff has followed the rules of the Court; has clearly conducted himself in an
ethical manner; exemplified complete transparency, and shown beyond ANY doubt,
evidenced misconduct by Defendants and their retained counsel. It is understandable
35
to suspect, that a degree of embarrassment exists knowing that this pro se litigant has
exemplified the ability to successfully argue this matter in a Court of law. Regardless,
their position now comes by their own hand. Requests now by counsel to restrict
Plaintiffs speech and future filings are made in apparent desperation, as their
collective actions have now brought them certain increased legal risk.
Therefore, the Plaintiff respectfully moves for this Court to DENY the Defendants Motion,
and restates necessity for validation of ALL Court documents submitted by Defendants. Any
corrective action taken by this Court will be recognized as this matter moves to Federal Court.
If the Court has ANY questions, or needs additional information, this Plaintiff is happy to
provide upon request. Thank you for your attention to this matter.
Respectfully Submitted,
Mohan A. Harihar
168 Parkview Avenue
Lowell, MA 01852
617.921.2526 (Mobile)
Mo.harihar@gmail.com
36
EXHIBIT A
37
38
EXHIBIT B
39
40
41
EXHIBIT C
42
43