MA Foreclosed Homeowner Files Motion To Overturn Unlawful Foreclosure Eviction.

FOR IMMEDIATE RELEASE
MA Foreclosed Homeowner Files Motion to Overturn

Unlawful Foreclosure Eviction.

Boston, MA, October 3, 2014 In a Motion filed today with the MA Appeals Court, wrongfully
foreclosed homeowner Mohan A. Harihar, is calling for the Court to recognize and correct, what is
clearly viewed as an unlawful eviction/displacement.
1

In addition to causing unnecessary harm and accruing damages to this Appellant, this
unlawful eviction now unnecessarily brings increased legal risk to additional parties, including
Real Estate professionals and parties who have now entered into contract with the intent to
purchase the referenced wrongful foreclosure; thus aligning with an abundance and still
growing list of documented and supported civil and criminal misconduct against these
Appellees
2
, including FRAUD.

Recent developments in this 3 year foreclosure battle now additionally include the confirmation of
Fraudulent mortgage assignments by nationally recognized Fraud Expert - Lynn Syzmoniak. Mr.
Harihar is now actively pursuing perjury charges against Appellees who continue to state ZERO
misconduct associated with this matter. Criminal complaints are now additionally filed against the
listing Real Estate Broker Weichert Realtors/Daher Properties, located in Methuen, MA, and
also the party who has decided to enter into contract with the intention of purchasing the referenced
wrongful foreclosure. A temporary restraining order (TRO) has been requested, to remove the
referenced wrongful foreclosure from the market while in active litigation, in an effort to protect other
real estate professionals and potential homebuyers from certain legal risk.

For Further Media Information Contact: Mohan A. Harihar
Email: [email protected]
Phone: 617.921.2526 (Mobile)

Follow on Twitter:
Mohan Harihar@MH_Foreclosur1

1
Scroll down to view Motion filed with the MA Appeals Court, in its entirety.
2
Referenced Appellees US Bank NA, Wells Fargo NA, CMLTI 2006-AR1 and Harmon Law Offices PC.
2
COMMONWEALTH OF MASSACHUSETTS

MIDDLESEX APPEALS COURT OF
THE COMMONWEALTH
DOCKET NO: 2013P1829

MOHAN A. HARIHAR

Appellant

vs.

US BANK NA,
WELLS FARGO NA,
CMLTI 2006-AR1,
HARMON LAW OFFICES PC, et al.

Appellees

MOTION FOR INJUNCTIVE RELIEF AND EVICTION REVERSAL WHILE LEGAL
MATTERS PROCEED

Comes now the Appellant, Mohan A. Harihar who respectfully
requests that this MA Appeals Court overturn what is clearly
considered a case of Wrongful Eviction/Displacement.

In addition to causing unnecessary harm and accruing damages to
this Appellant, this unlawful eviction now unnecessarily brings
increased legal risk to additional parties, including Real
Estate professionals and parties who have now entered into
contract with the intent to purchase the referenced wrongful
foreclosure; thus aligning with an abundance and still
growing list of documented and supported civil and criminal
misconduct against these Appellees, including FRAUD.
3

3
Further articulation of Appellee civil and criminal misconduct
can be referenced in the Appellants filed Brief, Reply Brief,
and FAR Application a copy of which is filed with this
Appeals Court, and includes confirmation of FRAUD by Nationally
recognized Fraud Expert, Lynn Syzmoniak.
3
This Appellant is grateful, that this Court has recognized the
evidence and information which continues to come forth in
support of his consistent claims, thus allowing for new trial
to be filed. However, it does not correct the unlawful and
damaging homeless position of the Appellant while this legal
matter proceeds, and has been cause for additional legal action
to be taken against multiple parties:

1. After reviewing an Ethics complaint filed with The
Northeast Association of Realtors (NEAR), the Grievance
Committee has decided to move forward with a hearing
regarding multiple Ethics violations against the listing
Real Estate Broker, Weichert Realtors Daher Properties,
located in Methuen, MA, (whose client is Appellee Wells
Fargo NA).

2. Additional Criminal complaints are now filed with the MA
Attorney Generals Office, against Weichert Realtors
Daher Companies and also the party who has entered into
contract with the intent to purchase the referenced
wrongful foreclosure.
4
Appellee Wells Fargo NA has thus
far refused to reveal the name of the party under
contract.

3. These additional parties will also be included in this
related civil action upon filing for new trial.

The Court is already aware of a number of legal and legitimate
reasons why this eviction order should never have been allowed
to begin with, beginning with the irrefutable negligence by the
Northeast Housing Court, and the failure to deliver to this
Court, a Notice of Appeal. This negligence is irrefutable,
constitutes 14
th
Amendment infractions to Due Process and Equal
Protection Rights, has been completely ignored by the Court(s),
and in itself clearly justifies the reversal of this unlawful
eviction. Transfer of venue when filing for new trial is
clearly warranted considering this act of negligence and the
noted abuses of judicial discretion experienced in the
Northeast Housing Court.
5

4
See Exhibit A to view criminal complaints on file with the MA
Office of the Attorney General, against Appellees, Weichert
Realtors Daher Companies, and the unidentified party now
under contract.
5
See the filed Appellant Brief associated with this Docket No.
2013-P-1829, which articulates the irrefutable negligence
4

This Court is already aware, that the lengthy and still growing
list of information and evidence, supporting this Appellants
consistent claims, and on record with the Court(s), includes
(but is not limited to): Testimony from a Fraud Expert
confirming related Fraudulent misconduct connected to this
matter and these Appellees; misconduct identified by both the
MA Office of the Attorney General and Federal Bank Regulators;
numerous supporting Court cases; Foreclosure Manuals of
Appellee Wells Fargo; Documented evidence related to this
matter supporting Collusion and irrefutable conflict involving
the MA Attorney Generals Office, the US Attorneys Office, and
the retained counsel Nelson Mullins LLP; and multiple abuses
of judicial discretion.

The Appellant respectfully reminds the Court, with the
abundance of supporting evidence coming forth, and the pursuit
of perjury charges against these Appellees, there continues to
be NO rebuttal, argument, or opposition, contesting any of
these violations from Appellee Harmon Law Offices PC, on ANY
level (civil or criminal including Fraud, perjury, fraudulent
concealment, fraudulent misrepresentation, etc). There has
been NO denial by the Attorney General, the US Attorneys
Office or Nelson Mullins LLP regarding the documented evidence
of Collusion and Conflict with this matter All of whom have
been well informed, updated and included with the filings to
the Court(s).

The Appellant respectfully brings to this Courts attention,
that upon review of the supporting cases submitted over three
(3) years by the Appellee(s), there does not appear to be one
(1) example provided, which reflects circumstances equivalent
to this matter. Specifically, no case example has been provided
to the Court(s) that includes the magnitude of documented civil
and criminal misconduct as does this matter. In fact, the
Appellant does not believe there to be a single case decision,
in this Commonwealth, or any state in the Nation, which
articulates and provides justification in lieu of documented
civil and criminal misconduct, collusion, conflict and the
confirmation of Fraud by a Fraud Expert. Therefore, all such
related arguments by Appellees, and their impact to ALL related
decisions, respectfully, must be considered VOID. Any continued
argument by opposing parties attempting to claim ZERO

exemplified by the Northeast Housing Court as well as multiple
abuses of judicial discretion.
5
misconduct associated with this matter, further justifies civil
and criminal accountability.

While the Appellant is preparing to address all of these
matters in the forthcoming new trial(s), the Court is aware
that a request has been made to the Attorney Generals Office
for mediation regarding the filed criminal complaints, and
similarly with this Court regarding these civil actions. In the
meantime, unnecessary harm to this Appellant clearly warrants
for this Court to initiate corrective action, beginning with
the reversal of this unlawful eviction.

The Appellant respectfully requests, that the referenced
eviction order is reversed, thus allowing the Appellant to
rightfully return to his home while these civil and criminal
matters proceed, and that injunctive relief be assessed
regarding all costs associated with the harm and damages
associated with the wrongful displacement of the Appellant.

A request for injunctive relief is additionally made for an
order/TRO
6
to remove the referenced foreclosure listing from
the real estate market while these civil and criminal matters
proceed, to avoid any additional and unnecessary risk and/or
harm to this Appellant, and to protect additional parties from
certain legal risk.

If there are ANY additional questions, or if there is a need to
supply ANY additional supporting documentation over and above
what has already been filed with the Court, this Appellant is
happy to answer and/or provide upon request.

Due to the increasing complexity of this matter, multiple
parties are copied on the filing of this Motion including: Vice
President Joe Biden, the Office of the MA Inspector General, US
Senator Elizabeth Warren (MA), US Senator Ed Markey (MA),
Governor Deval Patrick (MA), US Congresswoman Niki Tsongas
(MA), Maura Healey (MA - Chief of the Public Protection &
Advocacy Bureau), the US Attorneys Office, the Consumer
Financial Protection Bureau (CFPB), the American Civil
Liberties Union (ACLU), and the managing partners of Nelson
Mullins LLP.

6
TRO Temporary Restraining Order
6
Respectfully submitted,

Mohan A. Harihar
Pro Se
168 Parkview Avenue
Lowell, MA 01852
617.921.2526 (Mobile)

MA Foreclosed Homeowner Files Motion To Overturn Unlawful Foreclosure Eviction.

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MA Foreclosed Homeowner Files Motion to Overturn

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