COMMONWEALTH OF MASSACHUSETTS

THE TRIAL COURT

MIDDLESEX SUPERIOR COURT

) CIVIL ACTION NO. 1981-CV-00050

MOHAN A HARIHAR )
)
Plaintiff )
)
v. )
)
WELLS FARGO NA, et al. )
)
Defendants )
)
)

PLAINTIFF RESPONSE TO VOID ORDER: (1) DEMAND FOR RECUSAL; (2)

DISCOVERY OF NEW EVIDENCE; AND (3) CAUSE FOR REMOVAL TO

FEDERAL COURT

I. JURISDICTION

On January 22, 2018 – over TWO (2) months ago, the Plaintiff – MOHAN A. HARIHAR

filed an EMERGENCY Notice/Motion respectfully requesting that this Court CLARIFY its

JURISDICTION over this docket - given the EVIDENCED, UNRESOLVED issues

clearly identified with the related Land Court Docket.1 However, it appears (at least on its

surface) that this Middlesex Superior Court is REFUSING (or at minimum, unnecessarily

delaying) to clarify the Plaintiff’s repeated requests, despite the EMERGENCY status of

the motion, including repeated reminders on 02/08/2019, 02/21/2019 and most recently on

1
The Plaintiff references the related MA Land Court Docket No. 18MISC000144, HARIHAR v WELLS
FARGO, et al.
 03/18/2019.2 There should be NO dispute that when the jurisdiction of a Court or judicial

officer is called into question, the resolution of this issue(s) MUST take priority. Any

objective observer would certainly agree. Based on the Plaintiff’s interpretation of the law

and the EIGHT (8) YEAR legal history associated with this litigation, this Court appears

instead to be IGNORING these jurisdiction (and other legal) issues, exemplifying at

minimum (1) UNNECESSARY JUDICIAL DELAY; and (2) the SAME, IDENTICAL

PATTERN OF CORRUPT CONDUCT evidenced in the related State and Federal

litigation - as described in the Plaintiff’s Certiorari Petition No. 18-7752 (HARIHAR v

US BANK et al), now before the US Supreme Court.

On Tuesday, March 19, 2019, Judge Kenneth J. Fishman issued a Notice/Order to Appear

for a Rule 16 Conference on April 23, 2019 – at the request of the Defendants.3 However,

as a matter of record, no clarification – or even the acknowledgment of a jurisdiction issue is

mentioned. THEREFORE, based on his interpretation of the law - the order is

considered VOID, as the Plaintiff’s evidenced argument irrefutably shows Judge

Fishman’s Order has been issued WITHOUT JURISDICTION. Unless there is an

immediate correction to this judicial error, the Plaintiff – AT MINIMUM, shows cause to

formally bring the following (incremental) claims:

1. Unnecessary Judicial Delay;

2
The Plaintiff’s repeated reminders to clarify jurisdiction are referenced for the record in the following Court
filings: (1) Reply to defendants' opposition re: void Land Court order and additional documents filed 01/31/2019
(Filed 02/08/2019); (2) Reply to Bank defendants' opposition re: void Land Court order and additional documents
filed 02/13/2019 (Filed 02/21/2019); and (3) Opposition to defendants' request for Rule 16 conference and discovery
of new evidence under MRCP 60(b)(2) (Filed 03/18/2019).
3
See Exhibit 1. The Rule 16 Conference was requested by Defendants – Jeffrey Perkins, Isabelle Perkins and
MERS Inc. The Plaintiff’s filed Opposition to the Rule 16 Conference – based primarily on the Court’s lack of
jurisdiction, appears to have been ignored, without any explanation.
 2. Refusing to address/resolve jurisdiction issues;

3. Call for the immediate RECUSAL of the Hon. Kenneth J. Fishman, pursuant to 28

U.S.C. §455(a) and 28 U.S.C. § 144;

4. Cause to expand upon existing claims including (but not limited to) Due Process,

Color of Law, Conspiracy, etc. – raised against the Commonwealth of

Massachusetts, as this refusal to address jurisdiction (at minimum) adds incrementally

to: evidenced, systemic judicial abuses/failures - both here in the Commonwealth

and collectively, as identified in the related Federal litigation;

5. Cause to additionally bring an incremental civil RICO claim against the

Commonwealth, pursuant to 18 U.S.C. § 1962, as this refusal to address jurisdiction

issues is identical to the PATTERN OF CORRUPT CONDUCT evidenced in the

related State/Federal litigation. By ignoring jurisdiction issues, it appears that Judge

Fishman is attempting to brush aside all evidenced arguments of the Plaintiff in order

to reach a corrupt and pre-determined outcome – a deceptive tactic that has been

consistently evidenced throughout the history of this litigation. This Court is

respectfully reminded that the Plaintiff has ALREADY evidenced an IMPROPER

RELATIONSHIP between: (a) the Massachusetts Attorney General’s Office

(MA AGO), (b) the US Attorney’s Office (MA) and (c) former counsel for Bank

Defendants – WELLS FARGO and US BANK;4

4
The Plaintiff references the WestLegalEd Center continuing education course entitled, “AFTER the BUBBLE
BURSTS.” See Exhibit 2.
 6. Cause to inform the US District Court (Boston, MA) and amend the original federal

complaint5 (for the evidenced judicial claims referenced above), pursuant to Fed, R.

Civ. P. 60(b)(2)(3) and (4)

7. Similarly, the Plaintiff shows cause to file a SECOND SUPPLLEMENT to

Certiorari Petition No. 18-7752, currently scheduled for review before The United

States Supreme Court at their next Conference on April 12, 2019;

8. Cause to expand upon existing - Fraud on the Court claims against Defendants –

Jeffrey Perkins, Isabelle Perkins, MERS Inc. and their representing counsel,

Jeffrey B. Loeb, Esq., pursuant to Fed, R. Civ. P. 60(b)(3)6;

9. Cause to amend the original complaint – HARIHAR v. CHIEF JUDGE JEFFREY

R. HOWARD, et al (Docket No. 17-cv-11134), adding the Hon. Kenneth J. Fishman

(now considered here as an INFERIOR Judge) as a Defendant;7

10. Left uncorrected, it is interpreted that by issuing the referenced order for the Rule 16

Conference, Judge Fishman has ruled WITHOUT JURISDICTION and has now

lost jurisdiction to rule further in this, or any related litigation. The Plaintiff shows

cause to inform legislative leaders in the Commonwealth and Governor Charlie Baker

(R-MA), calling for Judge Fishman’s removal from the bench and potential

impeachment under ARTICLE II. By definition, ruling without jurisdiction is also

considered as “Warring against the Constitution,” and a CRIMINAL ACT of

TREASON under ARTICLE III, Section 3. Based on the Plaintiff’s Interpretation

5
The Plaintiff references the Federal civil complaint, HARIHAR v US BANK et al, lower court Docket No. 15-cv-
11880.
6
Please be advised - by purposefully attempting to deceive the Court, it is the Plaintiff’s understanding that any
litigation privilege is considered waived, as is judicial and sovereign immunity under Federal Rule 60.
7
48A Corpus Juris Secundum §86 - A minority of decisions have held that if an inferior judge acts maliciously or
corruptly he may incur liability. Kalb v. Luce, 291 N.W. 841, 234, WISC 509
 of ARTICLE III, anyone who believes they have witnessed an act of treason is

required under Federal law to report the crime to: (a) The President of The United

States; (b) The Governor of the respective State; or (c) the Court. Since this

evidenced claim is a matter of court record, this Court is already considered informed

of the alleged crime. Judge Fishman now becomes the TENTH (10th) Judicial Officer

formally accused of Treason for intentionally ruling without jurisdiction, adding

incrementally to the evidenced SYSTEMIC BREAKDOWN within the Judicial

Branches (State and Federal) of Government. Therefore, it becomes necessary to

update President Trump and Governor Charlie Baker (R-MA).8 Serving as witness to

this evidenced claim of Treason (aside from the Plaintiff) are the Defendants, their

respective counsel and the Clerk of the Court – Michael A. Sullivan.

II. NEW EVIDENCE

The Plaintiff respectfully makes clear that – while this court has yet to establish jurisdiction

over THIS docket, there is an OPPORTUNITY for this Court to CORRECT the

Commonwealth’s past ERRED JUDGMENTS associated with the following related

decisions: (1) Middlesex Superior Court, Docket No. 1181CV04499 Harihar, Mohan A. vs.

US Bank, N.A. et al; (2) Northeast Housing Court, Docket No. 11H77SP003032 U.S. Bank

National Association vs. Harihar, Mohan A.; (3) MA Land Court, Docket No. 18-MISC-

000144, HARIHAR v WELLS FARGO, et al. That said, the Plaintiff brings to the Court’s

attention - NEW EVIDENCE under Mass. R. Civ P. 60(b)(2) which certainly impacts this

(and all related) litigation:

8
As a matter of record, the Plaintiff has now formally raised evidenced judicial misconduct claims/complaints
against more than TWENTY (20) Federal and State judicial officers.
 A. DEFENDANT – WELLS FARGO

On March 18, 2019, the Plaintiff informed THIS Court of NEW EVIDENCE,

Pursuant to Mass. R. Civ. P. 60(b)(2)9 – involving the sworn testimony of the

Defendant - Wells Fargo, specifically, their CEO – Tim Sloan, before the House

Financial Services Committee on March 12, 2019. In his testimony and after an

admission to mortgage-related (and other) abuses, Mr. Sloan states that his company has

reached out to every customer in an effort to resolve referenced issues. This testimony

clearly contradicts what has been evidenced in this (and all related State/Federal)

litigation over the past eight (8) years. In a statement released Thursday, March 14,

2019 by the House Financial Services Committee, Chairwoman Maxine Waters stated

the following:

“It was very clear from Mr. Sloan’s testimony that Wells Fargo has failed to clean up

its act.” Remarkably, following his testimony, the OCC publicly rebuked Wells Fargo,

citing the bank’s ‘inability to execute effective corporate governance.”

This Court is respectfully reminded that the OCC, MA AGO and the DOJ have ALL

(as a matter of record) identified the Plaintiff’s foreclosure as ILLEGAL.

On March 20, 2019, the Defendant - Wells Fargo reached an agreement to pay more than

$13 million to settle a pending class-action lawsuit that accused the bank of

9
The Plaintiff references his filed Opposition to the Defendant’s Motion requesting a Rule 16 Conference.
“improperly” modifying the mortgages of borrowers who had declared bankruptcy.

The settlement comes on the heels of Wells Fargo CEO Tim Sloan referenced testimony

over the bank’s run of scandals that include egregious mortgage abuses. Last year, the

bank revealed that an error in its mortgage underwriting software led to hundreds of

improperly denied mortgage modifications for borrowers facing foreclosure over a five-

year period. This court is AGAIN respectfully REMINDED that – as a matter of

record, the Plaintiff has brought this Defendant “ERROR” or “GLITCH” to the

attention of EVERY STATE AND FEDERAL DOCKET related to this litigation –

ONLY TO BE IGNORED.

On Thursday, March 28, 2019 National headlines announced - Wells Fargo CEO

Tim Sloan steps down as bank struggles to get past scandals. “We have more work to

do and that is an ongoing commitment by all of Wells Fargo’s 260,000 team

members — starting with me — to put our customers’ needs first, to act with honesty,

integrity and accountability; and to strive to be the best bank in America,” Sloan told

the House committee.

The Plaintiff is CERTAIN, that collectively, this eight (8) year litigation has (at least in

part) contributed to Defendant’s decision to resign. To be clear – since the Defendants

have refused to even discuss opportunities to reach a mutual agreement, these latest

developments involving WELLS FARGO, combined with the PLETHORA of evidence

that already supports ALL of the Plaintiff’s consistent claims of record - show cause for
 this Court to finally recognize its past erred judgements (referenced above) and to initiate

corrective action. Furthermore, based on the sworn testimony of Mr. Sloan, the Plaintiff

shows cause to bring an incremental claim of FRAUD ON THE COURT against the

Defendant – WELLS FARGO and representing counsel of record – David E. Fialkow,

Esq., pursuant to Mass. R. Civ P. 60(b)(3).10

B. DEFENDANT – MERS Inc. and US SENATOR ELIZABETH WARREN (D-MA)

New evidence has just surfaced on Thursday, March 28, 2019, revealing what appears

to be an IMPROPER RELATIONSHIP between the DEFENDANT – MERS Inc. and

US SENATOR (and 2020 Presidential Candidate) ELIZABETH WARREN11:

“A WylerOne MERS Mortgage Fraud Audit ™️ reveals too many “Phantom Mortgage

Accounts” on this Cambridge, MA residence believed to be owned by US Senator (MA)

and 2020 Presidential Candidate, Elizabeth Warren. So many mortgage accounts that

the MERS Database can't pull them all up. (More than 20 mortgages will reveal an

"EXCEEDS" in the MERS Database.) Notice, it is a corner lot which means there may

be even more concealed "shadow mortgages" on this property. We have seen this

pattern before on Congressman, Dave Trott's home in Birmingham, Michigan and

Linda Orlan's home also in Birmingham, MI. (Owner of Orlans PC) - both owners of

Foreclosure Mills that are under Federal Investigation.”

10
The Plaintiff similarly shows cause to bring an incremental Fraud on the Court claim in the related Federal
litigation, pursuant to Fed. R. Civ. P. 60(b)(3).
11
See Exhibit 3
 At minimum, this newly discovery relationship adds incrementally to the Plaintiff’s

arguments of nonfeasance by legislative leaders in the Commonwealth of Massachusetts,

including Senator Warren. Also recognized is the Senator’s clear refusal to acknowledge

and address systemic failures within: (1) the JUDICIAL BRANCH of government

(State and Federal); and (2) the EXECUTIVE BRANCH of government – referencing

specifically, the refusal(s) by State/Federal Prosecutors to bring criminal indictments as it

relates to the Plaintiff’s filed criminal complaints of record.

Through the years – including recent days, Senator Warren has been quite vocal on the

corruption that exists within Wallstreet and Big Banks - specifically, the Defendant

WELLS FARGO. However, it remains unclear as to WHY Senator Warren has

remained silent on a nationally recognized, multi-billion-dollar lawsuit that exposes

this corruption – within BANKING AND GOVERNMENT right here in

Massachusetts. For years (and as a matter of record), the Plaintiff has regularly updated

Senator Warren DIRECTLY, via: (1) email communication

(elizabeth_warren@warren.senate.gov); (2) social media (Facebook/Twitter); and (3) by

phone to her Boston/Washington D.C. offices, only to be ignored. The Plaintiff believes

this improper relationship with the Defendant - MERS, Inc. has (at least in part) played a

role in the Senator’s nonfeasance.

III. CAUSE FOR REMOVAL TO FEDERAL COURT

For the reasons described within (and collectively, throughout the history of this litigation) –

the Plaintiff has evidenced that the INTEGRITY of this Court has long been
 compromised. Unless this Court chooses to initiate IMMEDIATE CORRECTIVE action

related to the Commonwealth’s past ERRED JUDGEMENTS,12 the Plaintiff shows cause

for this matter to be removed to the Federal District Court, pursuant to 28 U.S. Code

§ 1446.13 Without corrective action, The Plaintiff has NO FAITH in this State’s Judiciary to

deliver a just (and impartial) decision. These judicial issues are only compounded by:

1. The REFUSAL by State/Federal Prosecutors to bring criminal indictments for

EVIDENCED criminal complaints involving named Defendants and Judicial

Officers; and

2. NONFEASANCE/MALFEASANCE by Legislative leaders in this Commonwealth

who continue to remain silent and “turn a blind eye” to evidenced corruption. Based

on the historical record, there should be no question as to how the Plaintiff arrived at

his evidenced conclusion(s) – ANY OBJECTIVE OBSERVER would agree.

Collectively, these failures – as evidenced by all three (3) branches of State and Federal

government, indicate what appears to be the intention to (at minimum):

1. Avoid setting legal precedent for all parties negatively impacted by ILLEGAL

FORECLOSURE;

2. Critically damage the Plaintiff’s Intellectual Property/Trade Secret, known as

“THE HARIHAR FCS MODEL” – designed to deliver substantial economic

growth to the Commonwealth and The United States (including substantial relief

to illegally foreclosed homeowners Nationwide); and

12
As referenced within.
13
In addition to showing cause for removal, the Plaintiff shows cause for a second supplement to be filed with
Certiorari Petition No. 18-7752.
 3. Cause greater harm and damages to the Plaintiff – Mohan A. Harihar.

Despite the Plaintiff’s GOOD FAITH efforts to reach a mutual agreement with ALL parties, the

Defendants have repeatedly refused these opportunities. THEREFORE, for the reasons stated

within, the Plaintiff respectfully calls for this Court to initiate corrective action, beginning with:

(1) resolving jurisdiction issues; (2) correcting the referenced erred judgements – allowing the

Plaintiff to RIGHTFULLY return to HIS HOME/PROPERTY located at 168 Parkview

Avenue, Lowell, MA 0185214; (3) an order calling for Attorney General Maura Healey to

CLARIFY for the record the MA AGO’s intentions to bring criminal indictments against ALL

named Defendants and referenced counsel; and (4) awarding the Plaintiff the appropriate

monetary damages (including legal fees) accrued through eight (8) years of litigation. Any

(timely) corrective action initiated by this Court (and the MA AGO) will be recognized in the

second supplement to SCOTUS Certiorari Petition No. 18-7752. Conversely, any continued

failure to initiate corrective action will be summarized in the second supplement.

Please be advised, this case is related to referenced Federal litigation now before The

United States Supreme Court and includes matters perceived to impact National Security.

Therefore, the following government offices/agencies/committees will necessarily receive copies

of this filing (via email, US Mail and/or social media):

1. POTUS (via www.whitehouse.gov)15;

2. US Secret Service;

14
The Plaintiff respectfully requests that the Defendants – Jeffrey and Isabelle Perkins be given the same 48-hour
notice to vacate HIS property, under the supervision of the Middlesex County Sheriff’s Department.
15
See Exhibit 4
 3. Securities and Exchange Commission (SEC);

4. Office of the US Inspector General (OIG) - specifically, IG Michael Horowitz;

5. Department of Justice (DOJ) - specifically, US Attorney General, William Barr;

6. FBI;

7. Administrative Office of US Courts - specifically, Director James C. Duff;

8. House/Senate Judiciary Committees;

9. Governor Charlie Baker (R-MA);

10. US Senator Elizabeth Warren (D-MA);

11. US Senator Ed Markey (D-MA);

12. US Congresswoman Lori Trahan (D-MA); and

13. The MA Board of BAR Overseers

Copies of this email will also be made available to the Public and to media outlets nationwide for

documentation purposes and out of continued concerns for my personal safety and security.

If your Honor has ANY questions regarding ANY portion of this Motion, or requires

additional information, the Plaintiff is happy to provide upon request. The Plaintiff is

grateful for this Court’s consideration.

Respectfully submitted,

Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
March 31, 2019 Mo.harihar@gmail.com
Exhibit 1
Exhibit 2
Exhibit 3
A WylerOne MERS Mortgage Fraud Audit ™️ reveals too many “Phantom Mortgage
Accounts” on this Cambridge, MA residence believed to be owned by US Senator (MA)
and 2020 Presidential Candidate, Elizabeth Warren. So many mortgage accounts that the
MERS Database can't pull them all up. (More than 20 mortgages will reveal an
"EXCEEDS" in the MERS Database.) Notice, it is a corner lot which means there may be
even more concealed "shadow mortgages" on this property. We have seen this pattern
before on Congressman, Dave Trott's home in Birmingham, Michigan and Linda Orlan's
home also in Birmingham, MI. (Owner of Orlans PC) - both owners of Foreclosure Mills
that are under Federal Investigation.
Exhibit 4
 CERTIFICATE OF SERVICE

I hereby certify that on March 31, 2019, I filed the foregoing REPLY with the Clerk of the
Court and counsel for the Defendants (listed below) via US Mail:

Jeffrey B. Loeb, Esq.

Rich May, PC
176 Federal Street
Boston, MA 02110
617.556.3871
JLoeb@richmaylaw.com

David E. Fialkow
K&L Gates, LLP
State Street Financial Center
One Lincoln Street
Boston, MA 02111
david.fialkow@klgates.com

Mohan A. Harihar
Plaintiff
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com