FOR IMMEDIATE RELEASE Increasing Concerns Surrounding MA Foreclosure Case Now Brought to Massachusetts Supreme Judicial Court. Boston, MA, September 14, 2014 – The troubling Massachusetts foreclosure case which continues to gain National and Global attention is now headed to the MA Supreme Judicial Court, as Further Appellate Review (FAR) has been filed by Wrongfully Foreclosed Homeowner – Mohan A. Harihar. The well documented and well supported list of concerns by Mr. Harihar, continues to question whether or not corrective action is attainable within the Commonwealth. The growing list of concerns include: Confirmation of Fraudulent Mortgage Assignments by Fraud Expert - Lynn Syzmoniak, Irrefutable 14

th Amendment infractions to Due Process and Equal

Protection Rights, Perjury, Fraudulent Concealment/Misrepresentation, Deceptive practices including Fraud, Aiding and Abetting Fraud, Collusion/irrefutable conflict within this matter, and multiple abuses of Judicial discretion. The most recent concern, involves the MA Appeals Court decision allowing the validation/affirmation of information on file with the Court to take place, then changing direction without cause, and refusing to clarify their decision. And while the Appeals Court has granted leave for Mr. Harihar to file for new trial, the collective, and growing concerns question whether a fair and just trial is possible. The documented civil and criminal misconduct associated with this 3+ year legal matter involves multiple parties including: US Bank NA, Wells Fargo NA, the Securitized Mortgage Trust CMLTI 2006-AR1, Harmon Law Offices PC, and Nelson Mullins LLP. Recently updated Criminal complaints have been sent directly to the attention of Attorney General – Martha Coakley. There has yet to be a response regarding mediation efforts to resolve the criminal portion of this matter. A Mediation effort is now similarly requested with the filling of the FAR Application with the Massachusetts SJC. Scroll down to view a copy of the filed FAR Application in its entirety. Mr. Harihar has consistently maintained the intention to hold ALL responsible parties accountable for their associated misconduct, while providing a framework which assists the 4.2M other parties harmed by this foreclosure/financial crisis*, and also assisting the DOJ with a path for future prosecution. * This “Framework” is a reference to a project(s) involving the intellectual property belonging to Mohan A. Harihar, designed to assist this Nation’s and overall Global Economic recovery from damages suffered by the US Foreclosure/Financial Crisis.

For Further Media Information Contact : Mohan A. Harihar Email: mo.harihar@gmail.com Phone: 617.921.2526 (Mobile) Follow on Twitter: Mohan Harihar@Mo_Harihar

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Commonwealth of Massachusetts

Supreme Judicial Court

Docket No. 2013-P-1829

_________________________________________

Mohan A. Harihar

Appellant

vs.

US Bank NA, Wells Fargo NA, CMLTI 2006-AR1,

Harmon Law Offices PC

Appellees

__________________________________________

FAR Application From A Judgment Of The

MA Appeals Court

__________________________________________

Argument For The Appellant

____________________________________________

Mohan A. Harihar

Pro Se

168 Parkview Avenue

Lowell, MA 01852

617.921.2526 (Mobile)

Mo.harihar@gmail.com

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Statement of Prior Proceedings

This matter pertains to a 3 ½ year Foreclosure case which

has been irrefutably associated with this Nation’s

Foreclosure/Financial Crisis. Since the initial rulings of

the Lower Court(s), substantial new information and new

evidence has, and continues to come forth in support of the

Appellant’s consistent claims of both civil and criminal

misconduct against Appellees – US Bank NA, Wells Fargo NA,

the Securitized Mortgage Trust CMLTI 2006-AR1, and Harmon

Law offices PC.1 The Massachusetts Appeals Court agreed,

recently granting leave to the Appellant to file for new

trial.2

Since inception, and consistently thereafter, the Appellant

has expressed clear concern regarding the accuracy,

availability and integrity of information provided by

Appellees which has either been inaccurate, unsupported, or

1 Civil and criminal misconduct against Appellees – US Bank

NA, Wells Fargo NA and the Securitized Mortgage Trust CMLTI

2006-AR1 now additionally includes confirmation of

fraudulent mortgage assignments identified by Fraud Expert,

Lynn Syzmoniak, including declarations and testimony from

Case No’s: 10-bk-21656 DCN, United States Bankruptcy Court

for the Eastern Division of California Sacramento Division;

Also C.A. No. 10-cv-01465-JFA, United States District

Court, District of South Carolina, Rock Hill Division 2 See Docket 2013-P-1829, RE#19: Appellant is granted leave

to file for new trial, dated 07/01/2014.

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where Appellees have refused to provide requested Discovery

evidence entirely.

To ensure the accuracy, integrity, and availability of

information prior to the commencement of a new trial, the

Appellant requested to initiate a validation/affirmation

process. The Court agreed, allowing the Appellant to file a

motion requesting affirmative relief.3 A motion was filed by

the Appellant, itemizing the necessary and very basic

requests for validation, to ensure the accuracy and

integrity of information available and on file with the

Court.

The MA Appeals Court then changed direction and DENIED the

Appellant’s motion, without cause. A motion requesting

Clarification and Reconsideration was then filed by the

Appellant. The MA Appeals Court DENIED this request for

clarification, which is the primary reason for filing this

request for Further Appellate Review (FAR), and clearly

signifies an abuse of judicial discretion.

There are a number of serious historical concerns related

to this matter, as detailed in the associated Appellant

3 See Docket 2013-P-1829, RE#22: To the extent that

Plaintiff seeks affirmative relief, he may file appropriate

motions in any case that is pending in this Court.

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Brief, Reply Brief, etc… These documented and supported

concerns already filed with the Court(s) include (but are

not limited to): Irrefutable 14th Amendment infractions to

Due Process and Equal Protection Rights, Perjury,

Fraudulent Concealment/Misrepresentation, Deceptive

practices including Fraud, Aiding and Abetting Fraud,

Collusion/irrefutable conflict within this matter, and

multiple abuses of Judicial discretion. These collective

concerns now warrant the involvement of the MA Inspector

General and question whether or not a corrective path is

attainable within this Commonwealth. It additionally

reveals that Appellees, who have claimed ZERO related

misconduct, have historically LIED to this Court, and every

Court related to this matter. If a corrective path is

attainable, it must begin with the accuracy, integrity, and

availability of the facts in order to proceed.

Most recently, it has been discovered that Fraud Expert –

Lynn Syzmoniak, has confirmed misconduct including (but not

limited to) fraudulent mortgage assignments associated with

Appellees – US Bank NA, Wells Fargo NA, and the Securitized

Mortgage Trust CMLTI 2006-AR1.4

4 C.A. No. 10-cv-01465-JFA, United States District Court,

District of South Carolina, Rock Hill Division

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This Appellant has afforded numerous opportunities to these

Appellees to seek mutual agreement, all of which have been

either denied or ignored. If the continued insistence by

these parties is to ignore these opportunities, and to

instead continue causing harm and accruing damages to this

Appellant, both civil and criminal accountability is

undoubtedly warranted. This Appellant maintains the hope

that a corrective path is still attainable within this

Commonwealth. However, the collective concerns question

whether this can be achieved in the lower Court(s) or even

the MA Appeals Court. If a corrective path appears

unattainable within this Commonwealth, preparations are

being made for transfer to Federal Court via “Writ of

Certiorari” and/or Congressional Petition.

Criminal complaints related to the documented misconduct

have been recently updated with the MA Office of the

Attorney General. A request for mediation has been made, in

effort to reach a mutual agreement between parties, as it

pertains to the criminal portion of this matter. Separate

communication was additionally sent directly to the

attention of MA Attorney General Martha Coakley. Since the

misconduct associated with this matter is believed to bring

increased risk/infringement to the Appellant’s intellectual

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property, and a project(s) designed to assist this Nation’s

and overall Global Economy, additional parties copied on

the AG’s communication include: 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), the

US Attorney’s Office, the Consumer Financial Protection

Bureau (CFPB), the American Civil Liberties Union (ACLU),

and the Managing Partners of Nelson Mullins LLP.

Statement of the Facts

1. Consistent requests by the Appellant for basic

validation have historically either been ignored or

denied.

2. An overwhelming amount of information and evidence

supporting the Appellant’s consistent claims already

on file.

3. Clear disconnect between Appellees – US Bank NA/Wells

Fargo NA and Appellee – Harmon Law Offices PC.

4. Irrefutable 14th Amendment infractions to Due Process

and Equal Protection Rights.

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5. Documented Concerns of Collusion and Irrefutable

Conflict involving the MA Attorney General’s Office,

the US Attorney’s Office and counsel for the Appellees

– Nelson Mullins LLP.

6. Appellees have failed to provide a single case example

with equivalent circumstances to justify argument.

7. Nationally recognized Fraud Expert confirms fraudulent

mortgage assignments associated with RMBS CMLTI 2006-

AR1.

8. Recent related $1.125B settlement between Citigroup

and includes Appellees US Bank NA, Wells Fargo NA and

CMLTI 2006-AR1 is revealed.

9. Increased Risk/Infringement to the Intellectual

property of the Appellant directly related to this

matter.

10. The Leaders of this Commonwealth recognize the

significant harm and damages to Wrongfully Foreclosed

Homeowners.

11. Northeast Association of Realtors to Address

Ethics Violations.

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Statement of the points with respect to which FAR is sought

Since the MA Appeals Court has granted the Appellant –

Mohan A. Harihar, leave to file for new trial, the primary

reason for requesting FAR within this Court is to ensure

that ALL the facts related to this case are available and

accurate to render a fair and just decision. The sudden

change in direction by the MA Appeals Court, pertaining to

validation/affirmation and availability of relative

information and evidence raises serious concerns; The

refusal to Clarify decision(s) is of considerable concern,

signifying clear abuse of judicial discretion, with

multiple occurrences throughout this 3+ year legal effort,

which is also tied to irrefutable 14th Amendment infractions

to Due Process and Equal Protection Rights of the

Appellant, stemming from the Northeast Housing Court.

Argument

1. Consistent requests by the Appellant for basic

validation have historically either been ignored or

denied.

To ensure accuracy of information, validation efforts

by this Appellant have been made throughout these

three (3) plus years of legal proceedings in all

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Court(s), resulting in either a denial, or simply

ignored entirely. These requests include: the

availability of recorded conversations during the 22-

month loan modification attempts between Appellee –

Wells Fargo NA and Appellant Mohan A. Harihar;

Validating Chain of Title as Leaders of Massachusetts

have acknowledged issues with over 65,000 Titles

within this Commonwealth; Validating signatures on

file as Forgery has been identified as a major

component of this US Foreclosure Crisis; Refusal by

Appellees to complete a validation questionnaire,

clarifying information submitted by counsel on file

with the Court(s).

This is a mere sample of basic validation which should

have been not only allowed, but confirmed prior to any

summary judgment or eviction.

2. An overwhelming amount of information and evidence

supporting the Appellant’s consistent claims already

on file.

Misconduct associated with the referenced foreclosure

has been confirmed by both the MA Attorney General’s

Office as well as Federal Bank Regulators; April 2011

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Report by Federal Bank Regulators confirming related

misconduct by Appellees – Wells Fargo NA and US Bank

NA; Admission by Appellee – Harmon Law Offices PC (and

initial counsel to US Bank NA) that the Appellant’s

claims are VALID5; December 2011 Complaint filed with

Suffolk County Superior Court by the MA Attorney

General on behalf of the Commonwealth against parties

which include Appellee – Wells Fargo NA6; the

documented 150 page “Foreclosure Manual” of Appellee -

Wells Fargo NA.

3. Clear disconnect between Appellees – US Bank NA/Wells

Fargo NA and Appellee – Harmon Law Offices PC.7

Appellee – Harmon Law Offices failure to file ANY

Appellee Brief or Opposition related to this matter

5 Lowell District Court Transcripts, Docket No:

201111SU001495 6 Docket BLS 11-4363; In this action, the Commonwealth of

Massachusetts seeks restitution, civil penalties and

injunctive relief -for violations of M. G. L. c. 93A

arising out Defendants' unfair and deceptive acts during

the height of the foreclosure crisis in Massachusetts… A

complete copy of the complaint in its entirety will be

provided to the Court upon request. 7 See - Docket No. 12-P-407, Harmon Law Offices vs. Attorney

General, filed with the MA Appeals Court. A recent

unanimous ruling by this Appeals Court affirmed a 2011

Suffolk Superior Court decision allowing the MA Attorney

General’s office to continue examining Harmon Law Offices

for alleged “unfair and deceptive acts” related to the

firm’s foreclosure and eviction work.

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exemplifies lack of alignment and disconnect, clearly

questioning the accuracy and validity of information

filed by Appellees US Bank NA, Wells Fargo NA, and the

Securitized Mortgage Trust CMLTI 2006-AR1.8

4. Irrefutable 14th Amendment infractions to Due Process

and Equal Protection Rights.

This Appellant seeks the acknowledgment by the

Court(s) regarding the infringement of Constitutional

Rights, specifically, 14th Amendment infractions to Due

Process and Equal protection rights. It is well

documented and involves the Northeast Housing Court

and their failure/refusal to process this Appellant’s

Notice of Appeal. This fact is irrefutable, and it has

been ignored by the Court(s), signifying an abuse of

judicial discretion, and questioning whether fair

resolution in the Commonwealth can be achieved, or if

transfer to Federal Court is deemed necessary.

8 Harmon Law Offices PC, who has been directly linked to

disbarred Foreclosure “Kingpin” David Stern, is the

originally retained counsel to US Bank in this matter, has

intricate knowledge of this matter, and who withdrew as

counsel as the MA Attorney General began their

investigation against them.

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5. Documented Concerns of Collusion and Irrefutable

Conflict involving the MA Attorney General’s Office,

the US Attorney’s Office and counsel for the Appellees

– Nelson Mullins LLP.

West LegalEdcenter’s course entitled, “After the

Bubble Bursts: Mortgage and Foreclosure Issues in

Criminal and Civil Litigation,” where the Content

Partner is the Boston Bar Association; Program Co-

Chairs are from Nelson Mullins Riley and Scarborough

LLP, and the US Attorney’s Office; Program Speakers

are from Nelson Mullins Riley and Scarborough LLP, and

the US Attorney’s Office, and the MA Attorney

General’s Office.

There has yet to be ANY Denial or even a response from

ANY party, refuting what is a clearly documented

example of Collusion and Conflict with this matter.

Should Criminal and/or Civil mediation efforts fail,

or new trial becomes necessary, special prosecutor(s)

are clearly warranted and necessary for future

proceedings. These concerns additionally necessitate

the involvement of the MA Inspector General.

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6. Appellees have failed to provide a single case example

with equivalent circumstances to justify argument.

The Appellant respectfully brings to this Court’s

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) which includes the magnitude

of documented civil and criminal misconduct as does

this matter. In fact, the Appellant does not believe

there to be a 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, should

be considered VOID. Any continued argument by opposing

parties attempting to claim ZERO misconduct, further

justifies civil and criminal accountability.

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7. Nationally recognized Fraud Expert confirms fraudulent

mortgage assignments associated with RMBS CMLTI 2006-

AR1.

The Appellant’s recent discovery reveals that Fraud

Expert – Lynn Syzmoniak has identified fraudulent

mortgage assignments, False Claims, etc… - including

(But not limited to) Massachusetts False Claims Act,

Mass. Ann. Laws ch. 12, § 5(A)-(0) against Appellees

US Bank NA, Wells Fargo NA and the RMBS CMLTI 2006-

AR1. Should it become necessary to move forward with

new trial, the Appellant will call upon the Fraud

Expert to assist with articulating the depth of

associated misconduct by these parties.

8. Recent related $1.125B settlement between Citigroup

and includes Appellees US Bank NA, Wells Fargo NA and

CMLTI 2006-AR1 is revealed.

The details leading up to and including the decision

by Appellee US Bank NA to file suit against Citigroup

and the associated Trust – RMBS CMLTI 2006-AR1,

resulting in a $1.125B settlement between parties

signifies clear admission by the Appellee(s) that in

fact, there is misconduct associated with this matter.

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9. Increased Risk/Infringement to the Intellectual

property of the Appellant directly related to this

matter.

It is well documented that this matter is directly

related to a project(s) considered to be the

intellectual property belonging to the Appellant –

Mohan A. Harihar, created to assist the United States

and overall Global Economic recovery from the US

Foreclosure/Financial Crisis. Any party responsible

for, or contributing to increased risk or infringement

to this intellectual property is subject to future

legal action.

10. The Leaders of this Commonwealth recognize the

significant harm and damages to Wrongfully Foreclosed

Homeowners.

State legislators of this Commonwealth acknowledge not

only the related harm and damages suffered by

homeowners, but also the fact that 65,000 home titles

are considered invalid, and agree that the homeowner

should be allowed to file suit to recoup damages

incurred. If this 3+ year collective legal effort is

unsuccessful in even the validation of information,

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what chance is there of this, or any homeowner,

successfully recovering ANY appropriate amount for

damages incurred by the harm caused? What precedent

does it set, and what message does it send to

homeowners throughout this Commonwealth and across

this Nation?

11. Northeast Association of Realtors (NEAR) to

Address Ethics Violations.

Deceptive acts by Appellees and the associated Real

Estate Broker, Weichert Realtors – Daher Companies in

Methuen, MA, appear to continue with the attempted re-

sale of the referenced foreclosure. After reviewing

the Ethics complaint filed by the Appellant, the NEAR

Grievance Committee agreed - violations to the

National Associations of Realtors (NAR) Code of Ethics

may exist, and a hearing is now in the process of

scheduling.9

These collective concerns respectfully call for corrective

action by this Court.

9 A copy of the Ethics Complaint is filed with the MA

Appeals Court, and will be provided to the MA SJC upon

request.

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Conclusion

The request to validate information, prior to making ANY

decision, whether it is Court related or not, is a matter

of Common Sense. For the Appeals Court to allow validation/

affirmation, change direction and deny without cause, then

refuse to clarify, reaffirms this Appellants’ collective

concerns – whether a fair resolution is attainable in the

Commonwealth of Massachusetts. It also signifies clear

abuse of judicial discretion. The lengthy list of

documented misconduct, which now includes confirmation by a

Fraud Expert, demonstrates beyond ANY doubt, that these

Appellees and their retained counsel have blatantly LIED to

this, and every Court associated with this Matter. The

Appellee stance which for over three (3) years has claimed

“ZERO MISCONDUCT,” is a blatant lie, and must no longer be

allowed to continue.

With updates to criminal complaints now filed with the MA

Attorney General’s Office, mediation has now been requested

to seek resolution, as it pertains to the associated

criminal misconduct of the Appellees and their retained

counsel. With the amount of collective concerns brought to

this Court’s attention, similar action is requested as it

pertains to the related civil misconduct of the Appellees.

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The Appellant respectfully requests an order for mediation

in effort to reach a mutually agreed upon solution.

Otherwise, the Appellant requests that a thorough

validation process, as previously detailed in the Motion

submitted to the Appeals Court, be initiated.10 Following a

recap of the validation process, a determination will be

made whether filing for new trial proceeds in MA State

Court, or if transfer to Federal Court is deemed necessary.

Additionally, if mediation is unsuccessful or is not an

allowable option, the Appellant calls for Appellees and

their retained counsel to be held accountable for numerous

counts of perjury. The Court is also asked to update the MA

Board of BAR Overseers/BAR Counsel to address supported

complaints already filed against Attorney David E. Fialkow,

and Attorney Peter Haley (both of Nelson Mullins Riley and

Scarborough LLP), and Harmon Law Offices PC. An additional

complaint will be filed against Attorney Jeffrey Patterson,

also of Nelson Mullins Riley and Scarborough LLP.

With regard to the referenced foreclosed property, an

additional order is requested for the property to be taken

off the market, as this legal matter proceeds and to also

10 A copy of the filed Motion requesting Validation/

Affirmation will be provided upon request.

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protect potential homebuyers and other real estate

professionals from potential future legal risk; and that

this Court correct the wrongful displacement of the

Appellant, Mohan A. Harihar, who is still homeless, and

should not be. The Appellant requests that ALL costs

associated with this wrongful displacement be reimbursed by

the Appellees.

If the Court has additional questions, needs additional

information to be provided, or requires separate motions to

be filed for the requests stated within, please advise.

Due to the growing complexity of this matter, copies of

this FAR Application are additionally sent to the following

parties: 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), MA Attorney General Martha

Coakley, the US Attorney’s Office, the Consumer Financial

Protection Bureau (CFPB), and the American Civil Liberties

Union (ACLU).

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Respectfully Submitted,

Mohan A. Harihar

Pro Se

168 Parkview Avenue

Lowell, MA 01852

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Judgment on Appeal