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Enclosed, please find the Plaintiff’s following documents for filing in accordance with Superior Court
Rule 9A in the above referenced docket:
2. Plaintiff Motion for Hearing to Acknowledge and Address Related Criminal Complaints
of Record;
3. Plaintiff Motion to Clarify Jurisdiction and Improper Transfer from MA Land Court;
Please serve your opposition, if any, within the time provided by the Rules – beginning with the
Defendant’s intentions to enter into a mutual agreement discussion.
Please be advised, you are both aware that as a matter of record, the severity evidenced claims against
Defendants as well as judicial officers are perceived to impact matters of National/Homeland
Security. Therefore, it becomes necessary to forward copies of these documents to: (1) the United
States Secret Service; (2) POTUS; (3) Congress; (4) the DOJ; (5) Governor Charlie Baker (R-
MA) and a list of additional government offices/agencies/committees listed within the attached.
Copies will also be made available to the Public and to media sources nationwide out of continued
concerns for my personal safety and security. Thank you for your attention to this very serious matter.
Sincerely,
Mohan A. Harihar
Plaintiff
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
mo.harihar@gmail.com
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
MIDDLESEX SUPERIOR COURT
The Plaintiff – MOHAN A. HARIHAR, a pro se litigant with no legal experience, respectfully
files this Motion pursuant to MA Superior Court Rule 9A to clarify for the record the
Defendants’ intentions to enter into a mutual agreement discussion as it pertains to the civil
portions (only) of his evidenced claims.1 The Plaintiff, while under no obligation to do so,
extends this mutual agreement opportunity as a sign of his continued GOOD FAITH and in the
interest of judicial economy moving forward. The Plaintiff requests that Defendants provide a
timely response as required under Rule 9A. If any one (1) or ALL Defendants choose NOT to
enter into a mutual agreement discussion, it should be clearly stated as part of the record and it
1
The Plaintiff makes clear that - should any potential agreement be reached between parties, it will pertain to civil
portions of this (and all related) Massachusetts State litigation only. The ongoing, related Federal litigation will be
addressed separately.
becomes necessary to address multiple judicial (and Defendant) issues – beginning with: (1)
clarifying the jurisdiction of this Court; (2) the VOID Dismissal Order issued by inferior Land
Court Judge Michael Vhay; and (3) the improper transfer of this docket from the MA Land
Court.
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.
2. US Secret Service;
6. FBI;
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)
June 4, 2019 Mo.harihar@gmail.com
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
MIDDLESEX SUPERIOR COURT
The Plaintiff – MOHAN A. HARIHAR, a pro se litigant, respectfully files this Motion in
Accordance to MA Superior Court Rule 9A, calling for this Court to schedule a hearing to
address, clarify and acknowledge the evidenced State and Federal CRIMINAL complaints
of record related to this litigation. As a matter of record, this Court has long been aware of
evidenced criminal complaints filed with the MA AGO and DOJ against - not only named
Defendants here, but also against judicial officers who stand accused of judicial misconduct
including (but not limited to) evidenced TREASON claims under ARTICLE III for ruling
The United States Department of Justice (DOJ); (2) The Massachusetts Office of the
Attorney General (MA AGO); (3) and Federal Bank Regulators. Therefore, the
Plaintiff calls for a separate order issuing a subpoena to compel sworn testimony from
these offices/agencies so that this Court will have a better understanding of: (a) both
the civil and criminal infractions that labeled the Plaintiff’s foreclosure – ILLEGAL;
indictments have yet to be brought against Defendants here and in the related Federal
litigation ;
2. This Court long been aware that the MA AGO, US Attorney’s Office (MA) and the
Boston BAR Association stand accused of COLLUDING with attorneys for the
LegalEdcenter continuing education course entitled, “After the Bubble Bursts”. The
offices referenced above were brought in as guest speakers to assist with teaching
FRAUD.2 Despite bringing this clear and irrefutable RICO claim to the attention of
EVERY court related to this litigation, it has been blatantly ignored. This (in part) is
the reason for including the Commonwealth of Massachusetts (and separately, The
improper relationship supports the Plaintiff’s argument (at least in part) as to WHY
here and in the related federal litigation. Respectfully, if this (or any) Court continues
to blatantly ignore these evidenced criminal claims, the Plaintiff will (at minimum)
show cause to expand upon existing: (1) RICO claims; (2) Due Process Violations;
(3) Conspiracy claims and others against the Commonwealth and The United States;
2
See Exhibit 1.
3. As a matter of record, this Court is aware (through the NOTICE delivered on
Attorney General Maura Healey) - and the request for their attendance to appear
before this Court to clarify for the record their intentions to bring criminal
indictments against named Defendants (and parties still to be named) here and in the
4. To be clear, if it is revealed that the MA AGO does not intend to bring criminal
indictments against all named Defendants, the Plaintiff will (at minimum) show cause
to expand upon (or file NEW) Due Process/Color of Law violations against the
Commonwealth;
5. Similarly, if the US Attorney’s Office (MA) reveals that it does not intend to bring
criminal indictments against all named Defendants, the Plaintiff will (at minimum)
show cause to expand upon (or file NEW) Due Process/Color of Law violations
the Court is reminded that – IF it becomes necessary to move forward with this
between the Plaintiff and the Defendant – WELLS FARGO (as the mortgage servicer
to his referenced illegally foreclosed Property), that support criminal claims of Fraud
(at minimum) under Rule 93A. In these evidenced recordings, the Defendant can be
heard instructing the Plaintiff to STOP making his scheduled mortgage payments
for a period of NO LESS THAN 90 DAYS in order to QUALIFY for a loan
modification program;
7. Separately, this Discovery will also reveal the SAME “COMPUTER GLITCH”
that denied the Plaintiff’s two-year efforts to receive a loan modification to save his
home. The Plaintiff identified this “glitch” nearly TEN (10) years ago and has
brought it to the attention of EVERY Court, only to be ignored. The Court is aware
that as a matter of record and in headline news, the Defendant – WELLS FARGO
has publicly admitted to this error/glitch. This includes the sworn testimony of the
Defendant’s former CEO – Tim Sloan before the House Financial Services
Therefore, the Plaintiff respectfully calls for this Court to issue subpoenas to: (1) The US
Attorney’s Office (MA); (2) The MA Office of the Attorney General; and (3) The Office
of the Comptroller of the Currency (OCC) to appear before this Court and provide sworn
1. Informs this court of all infractions associated with the Plaintiff’s illegal
foreclosure; and
The Plaintiff additionally calls for the Court to issue an order compelling the Defendants
– Jeffrey and Isabelle Perkins to appear in person for the requested hearing. Similarly,
and MERS (also additional parties still to be named) to also be in attendance, once it is
determined which corporate officers/employees bear civil/criminal accountability. If the
Defendants wish to enter into a mutual agreement discussion, it MAY not become
Please be advised, if this Court fails to acknowledge ANY ONE (or more) of the
Plaintiff’s evidenced criminal complaints of record, it will become necessary to call for
immediate recusal. The Plaintiff will (at minimum) also show cause to amend his original
complaint in the related federal litigation, HARIHAR v US BANK, et al, pursuant to Fed.
R. Civ. P. 60(b)(2) and (3). If your Honor has ANY questions regarding the Plaintiff’s
supporting evidenced arguments, collectively submitted over eight (8) years of this
State/Federal litigation.
litigation and includes matters perceived to impact National Security. Therefore, the
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
Respectfully submitted,
Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
June 4, 2019 Mo.harihar@gmail.com
Exhibit 1
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
MIDDLESEX SUPERIOR COURT
The Plaintiff – MOHAN A. HARIHAR, a pro se litigant with no legal experience, respectfully
files this Motion to address JURISDICTION issues and the IMPROPER TRANSFER of this
docket from the MA Land Court. While this motion is being filed in accordance of Superior
Court Rule 9A, it is unclear as to WHY Rule 9A is a requirement for a Court to clarify its
jurisdiction. Since January 8, 2018, this Court has had the complete Land Court Docket in its
possession including ALL evidenced claims against the presiding Land Court Judge – the
Hon. Michael Vhay that impacted: (1) his jurisdiction PRIOR to issuing the Dismissal Order;
(2) the related dismissal order itself; and (3) the transfer to this Court. The Plaintiff has attempted
to bring these issues to this Court’s attention since then – on 01/22/193, 02/08/194, 02/21/195,
03/04/196, 03/18/197, 04/02/198, and 04/19/19.9 Despite these efforts including multiple
communications with the Court’s Deputy Clerk – Arthur Deguglielmo, there was no mention
of non-compliance with Superior Court Rules. It therefore remains unclear as to WHY this Court
has waited nearly five (5) months to address these issues. Therefore - UNLESS it is determined
that the Defendants wish to reach a mutual agreement, the Plaintiff respectfully requests that
your Honor provide the requested clarification for the record. If Defendants are in fact interested
in reaching a mutual agreement, the requested clarification will likely be considered moot.
Please be advised - from the recently held Rule 16 Conference, this Court has respectfully been
made aware of systemic judicial abuses of power evidenced within every level of this State’s
judiciary, including: (1) evidenced judicial misconduct claims against EIGHT (8) judges in this
Middlesex Superior Court alone; and (2) the recent recusal of the Hon. Judge Kenneth J.
Fishman from this docket. If after a thorough review of the Plaintiff’s evidenced arguments your
honor disagrees these jurisdiction and transfer claims – and fails to recognize ANY judicial
error, please articulate for the record exactly how your Honor arrived at a conclusion(s),
including which specific documents were reviewed to support your decision. Based on the
3
Reference the Plaintiff Mohan Harihar's EMERGENCY Notice of void Land Court order, improper transfer and
cause for removal to Federal Court, pursuant to 28 U.S. code s 144(f).
4
Reference the Plaintiff Mohan Harihar's Reply to defendants' opposition re: void Land Court order and additional
documents filed 01/31/2019.
5
Reference the Self-Represented Plaintiff Mohan Harihar's Reply to Bank defendants' opposition re: void Land
Court order and additional documents filed 02/13/2019.
6
Reference the Self-Represented Plaintiff Mohan Harihar's Response to documents filed 02/22/2019 by defendants,
Isabelle Perkins, Jeffrey Perkins and MERS, Inc.
7
Reference the Opposition to to defendants' request for Rule 16 conference and discovery of new evidence under
MRCP 60(b)(2) filed by Mohan Harihar.
8
Reference the Plaintiff Mohan Harihar's Response to void order: (1) Demand for recusal; (2) Discovery of new
evidence; and (3) Cause for removal to Federal Court.
9
Reference the Opposition to continue Rule 16 conference filed by Mohan Harihar.
Plaintiff’s interpretation of the law and Rules of this Court - if similar patterns of corrupt conduct
are identified, the Plaintiff will (at minimum) show cause for recusal and will be compelled to
Please be advised – aside from evidenced judicial failures of record, the severity evidenced legal
claims against named Defendants (and Parties still to be named) both here in Massachusetts State
Courts and in the related federal litigation call for regular updates delivered to multiple
government offices/agencies. Just a few of these evidenced civil/criminal claims include: (1)
Civil/Criminal RICO violations against the Commonwealth, named Defendants (and Defendants
still to be named) - 18 U.S. Code § 1964; (2) Fraud on the Court - Fed. R. Civ. P. 60(b)(3); (3)
Economic Espionage - 18 U.S.C. § 1831 ; (4) Misprision of Treason -18 U.S. Code § 2382 ; (5)
Conspiracy to Defraud The United States - 18 U.S.C. § 371; (6) Criminal SEC violations, and
matters perceived to impact National Security. Therefore, as we move forward with these
proceedings, the following offices/agencies/courts will receive regular updates, as it bears impact
1. POTUS;
2. US Secret Service - Director James M. Murray;
3. US Inspector General - Michael Horowitz;
4. SEC Chairman - Jay Clayton;
5. US Attorney General William Barr;
6. Admin. Office of US Courts – Director James C. Duff;
7. US Attorney Andrew Lelling (MA);
8. Chairman Lindsey Graham (R-SC) Senate Judiciary Committee;
9. The Honorable Jerrold Nadler (D-NY) House Judiciary Committee;
10. Governor Charlie Baker (R-MA);
11. US Senator Elizabeth Warren (D-MA);
12. US Senator Ed Markey (D-MA);
13. US Congresswoman Lori Trahan (D-MA);
14. US Congresswoman Ayanna Pressley (D-MA); and
15. MA Attorney General Maura Healey
Regular updates will continue to be made available to the Public and to media outlets nationwide
out of continued concerns for the Plaintiff’s safety and security. The Clerk of the Court is
expected to record this document as part of the record. If this Court has questions regarding any
portion of this Notice, or requires additional information, the Plaintiff is happy to provide upon
request.
Respectfully submitted,
Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
MIDDLESEX SUPERIOR COURT
The Plaintiff – MOHAN A. HARIHAR, a pro se litigant, respectfully files this Motion in
accordance with Superior Court Rule 9A, calling for this Court to finally recognize the severe
imbalance of hardships that has tipped heavily in favor of the Plaintiff for over eight (8) years.
As grounds therefore, the Plaintiff calls for a separate hearing to review ALL historical evidence
of record supporting his claims, including new evidence brought to the attention of the Court
(separate Motion) under Mass. R. Civ. P. 60(b)(2) and (3). A review of the historical record will
also irrefutably show the Plaintiff has long satisfied compliance associated with the “Four Factor
Respectfully, this Court is well aware of the EVIDENCED, SYSTEMIC Judicial Abuses of
Power that have historically plagued this litigation. These judicial abuses include (but are not
limited to) the repeated failure(s) to maintain a balance of hardships between parties and failing
to grant injunctive relief when warranted. Before moving forward with these proceedings, the
Plaintiff respectfully seeks the Court’s assistance to re-establish the balance of hardships
Plaintiff’s Property. At minimum, the Plaintiff states that re-establishing a balance of hardships
1. Housing – The Court has already recognized the Plaintiff’s indigency – a direct result
from the identified illegal foreclosure, that has caused the Plaintiff to be homeless for
more than two (2) years, and in a 40(b) affordable housing rental for nearly four (4) years
now. The Plaintiff requests the Court’s assistance to re-establish balance as it pertains to
housing prior to the identified illegal foreclosure – in a manner that complies with rules
2. Transportation – Similarly, the referenced illegal foreclosure has not only caused severe
financial hardship, but has also destroyed the Plaintiff’s credit. This resulting
combination has impacted the Plaintiff’s ability to secure transportation on his own –
having to burden family members for everyday transportation needs. The Plaintiff
prior to the identified illegal foreclosure - that complies with rules pertaining to an
open to having a discussion on how to mutually reach agreement here in order to re-
establish balance;
3. Debt Collections – Since the illegal foreclosure of the Plaintiff’s Property, the Plaintiff
has been subject to debt collections from multiple creditors including the MA Department
of Revenue (MA DOR) and the Internal Revenue Service (IRS). The Plaintiff has also
been in ongoing litigation in the Lowell District Court with creditor – Jeanne D’Arc
Credit Union. The Plaintiff respectfully calls for an injunction that immediately STAYS
all collection activity against the Plaintiff while litigation involving the referenced illegal
foreclosure is ongoing;
Please be advised, if after a thorough review of the historical record, this Court comes to the
conclusion that there is NO imbalance of hardships and fails to grant the requested injunction,
the Plaintiff will respectfully call for your Honor to document specifically which historical
documents were reviewed in order to support your conclusion. Based on the evidenced judicial
abuses of record, the failure to re-establish a balance of hardships here will indicate a continued
pattern of corrupt conduct; (at minimum) showing cause for recusal and cause to amend the
related federal complaint – HARIHAR v US BANK et al, Docket No. 15-cv-11880, pursuant (at
Please be advised – aside from evidenced judicial failures of record, the severity evidenced legal
claims against named Defendants (and Parties still to be named) both here in Massachusetts State
Courts and in the related federal litigation call for regular updates delivered to multiple
government offices/agencies. Just a few of these evidenced civil/criminal claims include: (1)
Civil/Criminal RICO violations against the Commonwealth, named Defendants (and Defendants
still to be named) - 18 U.S. Code § 1964; (2) Fraud on the Court - Fed. R. Civ. P. 60(b)(3); (3)
Economic Espionage - 18 U.S.C. § 1831 ; (4) Misprision of Treason -18 U.S. Code § 2382 ; (5)
Conspiracy to Defraud The United States - 18 U.S.C. § 371; (6) Criminal SEC violations, and
matters perceived to impact National Security. Therefore, as we move forward with these
proceedings, the following offices/agencies/courts will receive regular updates, as it bears impact
1. POTUS;
2. US Secret Service - Director James M. Murray;
3. US Inspector General - Michael Horowitz;
4. SEC Chairman - Jay Clayton;
5. US Attorney General William Barr;
6. Admin. Office of US Courts – Director James C. Duff;
7. US Attorney Andrew Lelling (MA);
8. Chairman Lindsey Graham (R-SC) Senate Judiciary Committee;
9. The Honorable Jerrold Nadler (D-NY) House Judiciary Committee;
10. Governor Charlie Baker (R-MA);
11. US Senator Elizabeth Warren (D-MA);
12. US Senator Ed Markey (D-MA);
13. US Congresswoman Lori Trahan (D-MA);
14. US Congresswoman Ayanna Pressley (D-MA); and
15. MA Attorney General Maura Healey
Regular updates will continue to be made available to the Public and to media outlets nationwide
out of continued concerns for the Plaintiff’s safety and security. If this Court has questions
regarding any portion of this Motion, or requires additional information, the Plaintiff is happy to
Respectfully submitted,
Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
MIDDLESEX SUPERIOR COURT
The Plaintiff – MOHAN A. HARIHAR, a pro se litigant, respectfully files this DEMAND
under Rule 9A, calling for this Court to uphold the Constitution of The United States and the
against members of this State’s Judiciary for continuing to rule after JURISDICTION was
LOST. From the recent Rule 16 conference on May 14, 2019 (and as a matter of record), this
Court is now aware of egregious and systemic abuses of judicial power evidenced at EVERY
LEVEL of the MA State and Federal Judiciary, including ALL NINE (9) Justices of the United
States Supreme Court (SCOTUS). While claims against federal judicial officers are being
addressed separately, evidenced claims against state judicial officers are expected to be
addressed here and there certainly is an expectation for there to be accountability for ALL
evidenced judicial misconduct claims, including (but not limited to) criminal TREASON.10 At
minimum, any continued failure by this Commonwealth to do so, shows cause to expand upon
existing Conspiracy, Due Process, Color of Law and other claims in the related federal litigation.
As a matter of record, this Court is aware that formal Treason claims have been brought
against MA Land Court Judge – the Hon. Michael Vhay and MA Superior Court Judge –
the Hon. Kenneth J. Fishman for continuing to rule after jurisdiction had been LOST. As a
matter of record, the Plaintiff has clearly articulated exactly how he has arrived at these
conclusions. It is important to note that NEITHER Judge Vhay nor Judge Fishman have
argued or denied these serious claims. Judge Fishman’s recusal following the Treason
claim only adds to the Plaintiff’s evidenced argument(s). Serving as witnesses to these two
(2) separate acts of Treason, aside from the Plaintiff, are ALL named Defendants, their retained
counsel of record and the Clerks of both Courts. Please be advised, should ANY of these parties
fail to acknowledge that they have witnessed these EVIDENCED acts of Treason, the Plaintiff
will show cause to bring incremental MISPRISION of TREASON claims pursuant to 18 U.S.
Code § 2382. The Plaintiff will also show cause to again amend his related Federal complaint –
HARIHAR v US BANK et al, Docket No. 15-cv-11880, pursuant (at minimum) to Fed. R. Civ.
As required by Federal/State Law, the Plaintiff has reported these evidenced acts of Judicial
Treason to: (1) This Middlesex Superior Court; (2) The MA Land Court; (3) Governor Charlie
10
This Court is aware that aside from the above referenced Treason claims, the Plaintiff has evidenced judicial
misconduct against a total of eight (8) judicial officers in this Middlesex Superior Court alone. Evidenced
misconduct claims also include judicial officers in the Lowell District Court, the Northeast Housing Court, the MA
Appeals Court and the MA Supreme Court.
Baker (R-MA); and (4) President Donald J. Trump (POTUS). Formal criminal complaints have
also been filed with the FBI against the accused judicial officers. However, there has been NO
CORRECTIVE ACTION to date, indicating that these systemic abuses run deep within both
From the very beginning of this litigation, the Plaintiff has made abundantly clear that it is
his intention to ultimately come to a mutual agreement with ALL parties here in this State
litigation; also, in the related federal litigation which includes the Defendants - Commonwealth
1. IF ANY (or ALL) of the Defendants are unwilling to reach a mutual agreement;
accepted by this Plaintiff, an American-born Citizen - that will NEVER happen; and
it compels this Plaintiff to continue the pursuit of justice - regardless of timeline, until
11
References HARIHAR v US BANK et al, Docket No. 15-cv-11880.
12
References HARIHAR v THE UNITED STATES, Docket No. 17-cv-11109.
Therefore, unless the Defendants (and parties still to be named) are willing to reach a mutual
agreement in this State litigation and/or this Commonwealth CORRECTS its past erred
judgements, the Plaintiff respectfully DEMANDS that this Court address these formal Treason
claims evidenced against judicial officers. Any failure to acknowledged these evidenced crimes
by judicial officers will: (1) show cause for recusal; and (2) show cause to expand upon existing
(or to file new) claims against the Commonwealth in the related Federal complaint – HARIHAR
v US BANK et al, Docket No. 15-cv-11880, pursuant (at minimum) to Fed. R. Civ. P. 60(b)(2)
and (3).
Please be advised – aside from evidenced judicial failures of record, the severity evidenced legal
claims against named Defendants (and Parties still to be named) both here in Massachusetts State
Courts and in the related federal litigation call for regular updates delivered to multiple
government offices/agencies. Just a few of these evidenced civil/criminal claims include: (1)
Civil/Criminal RICO violations against the Commonwealth, named Defendants (and Defendants
still to be named) - 18 U.S. Code § 1964; (2) Fraud on the Court - Fed. R. Civ. P. 60(b)(3); (3)
Economic Espionage - 18 U.S.C. § 1831 ; (4) Misprision of Treason -18 U.S. Code § 2382 ; (5)
Conspiracy to Defraud The United States - 18 U.S.C. § 371; (6) Criminal SEC violations, and
matters perceived to impact National Security. Therefore, as we move forward with these
proceedings, the following offices/agencies/courts will receive regular updates, as it bears impact
1. POTUS;
2. US Secret Service - Director James M. Murray;
3. US Inspector General - Michael Horowitz;
4. SEC Chairman - Jay Clayton;
5. US Attorney General William Barr;
6. Admin. Office of US Courts – Director James C. Duff;
7. US Attorney Andrew Lelling (MA);
8. Chairman Lindsey Graham (R-SC) Senate Judiciary Committee;
9. The Honorable Jerrold Nadler (D-NY) House Judiciary Committee;
10. Governor Charlie Baker (R-MA);
11. US Senator Elizabeth Warren (D-MA);
12. US Senator Ed Markey (D-MA);
13. US Congresswoman Lori Trahan (D-MA);
14. US Congresswoman Ayanna Pressley (D-MA); and
15. MA Attorney General Maura Healey
Regular updates will continue to be made available to the Public and to media outlets nationwide
out of continued concerns for the Plaintiff’s safety and security. If this Court has questions
regarding any portion of this Motion, or requires additional information, the Plaintiff is happy to
Respectfully submitted,
Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
MIDDLESEX SUPERIOR COURT
The Plaintiff – MOHAN A. HARIHAR, a pro se litigant, respectfully files this Motion in
accordance with Superior Court Rule 9A, calling for this Court to schedule a hearing to address
incremental, unresolved claims first raised in the MA Land Court. In the initial Land Court
hearing, Judge Michael Vhay (before losing jurisdiction himself) determined that the MA Land
Court lacked jurisdiction over a majority of the claims listed, stating that these claims would
need to be raised in the Middlesex Superior Court. A list of these unresolved claims includes the
following:
19. RECISSION
Since this Court received the complete docket delivered from the Land Court (albeit via
improper transfer), it has already in its possession a copy of the Plaintiff’s original complaint
which articulates the cause for now addressing in this Court - each of the evidenced claims listed
above. Claims that were allowed to initially be raised in the Land Court were clearly impacted by
the presiding judge’s misconduct and ultimate loss of jurisdiction. Therefore, the Plaintiff shows
13
The Plaintiff references four (4) claims initially raised in the MA Land Court: (1) Lack of Standing; (2) Quiet
Title; (3) Declaratory Relief; and (4) Rescission.
Please be advised, the Plaintiff has clearly evidenced as a matter of record that Land Court
Judge Michael Vhay had previously lost jurisdiction to rule further in this matter well
before a decision was issued. Therefore, the Plaintiff respectfully restates that the referenced
Land Court decision is considered VOID. This void order cannot be considered appealable
when it was never valid to begin with.14 As a matter of record – clearly articulated by the
Plaintiff at the recent Rule 16 Conference, Judge Vhay was well informed of multiple judicial
errors and was respectfully given ample opportunity to address and correct these errors. Judge
Vhay ignored these opportunities, consciously choosing not to initiate corrective action; also
choosing not to recuse himself despite his evidenced judicial failures. Judge Michael Vhay now
stands formally accused of Judicial Treason under ARTICLE III for continuing to rule after
If the Defendants (named and parties still to be named) are not willing to enter into a mutual
agreement, the Plaintiff respectfully calls for this Court to allow amendment to this complaint,
adding the referenced claims listed above. Since these evidenced claims are both civil and
criminal in nature, the Plaintiff restates the call for subpoenaed testimony from the MA AGO:
(1) to help clarify ALL variables that ultimately labeled the Plaintiff’s foreclosure as ILLEGAL;
and (2) to formally state their intentions to bring criminal indictments against ALL Defendants,
including their retained counsel. Additionally, if after a thorough review of the historical record,
the Plaintiff is not allowed to add these evidenced claims, the Plaintiff will respectfully call for
14
EVEN IF the decision was appealable (which it is not), the Plaintiff has evidenced as a matter of record –
systemic, judicial abuses of power at EVERY LEVEL of the Massachusetts State (and Federal) Judiciary, including
the MA Appeals Court and the MA Supreme Court. This failed judicial branch of state government is in part the
reason for including the Commonwealth as a Defendant in the related Federal litigation, HARIHAR v US BANK et
al.
your Honor to clarify for the record specifically which historical documents were reviewed in
order to support your conclusion.15 Based on the evidenced, historical judicial abuses of record,
the failure to rightfully acknowledge the Plaintiff’s evidenced claims (including any refusal to
formally validate the intentions of the MA AGO) will indicate: (1) a continued pattern of
corrupt conduct; and (2) the intention to arrive at a corrupt and pre-determined outcome -
(at minimum) showing cause for recusal and cause to amend the related federal complaint –
HARIHAR v US BANK et al, Docket No. 15-cv-11880, pursuant (at minimum) to Fed. R. Civ.
Therefore, for the reasons stated above (and only after jurisdiction has been re-established), if the
Defendants do not wish to reach a mutual agreement, the Plaintiff calls for this Court to:
3. Issue a subpoena to MA Attorney General – Maura Healey, calling for sworn testimony
that helps to inform this court of all historical legal issues related to the Plaintiff’s
foreclosure; and which clarifies the MA AGO’s intentions for bringing criminal
advised, any failure/refusal by the State Prosecutors to bring criminal indictments against
referenced parties will show cause to expand upon existing (or to file new) claims
al.
15
Please be advised, HISTORICAL DOCUMENTS reference ALL filed documents related to this state and
federal litigation over the past eight (8) years - including ALL evidenced arguments of the Plaintiff – MOHAN A.
HARIHAR
Aside from evidenced judicial failures of record, the severity of evidenced legal claims against
named Defendants (and Parties still to be named) both here in Massachusetts State Courts and in
the related federal litigation call for regular updates delivered to multiple government
offices/agencies. Just a few of these evidenced civil/criminal claims include: (1) Civil/Criminal
RICO violations against the Commonwealth, named Defendants (and Defendants still to be
named) - 18 U.S. Code § 1964; (2) Fraud on the Court - Fed. R. Civ. P. 60(b)(3); (3) Economic
Espionage - 18 U.S.C. § 1831 ; (4) Misprision of Treason -18 U.S. Code § 2382 ; (5) Conspiracy
to Defraud The United States - 18 U.S.C. § 371; (6) Criminal SEC violations, and matters
perceived to impact National Security. Therefore, as we move forward with these proceedings,
the following offices/agencies/courts will receive regular updates, as it bears impact to the
1. POTUS;
2. US Secret Service - Director James M. Murray;
3. US Inspector General - Michael Horowitz;
4. SEC Chairman - Jay Clayton;
5. US Attorney General William Barr;
6. Admin. Office of US Courts – Director James C. Duff;
7. US Attorney Andrew Lelling (MA);
8. Chairman Lindsey Graham (R-SC) Senate Judiciary Committee;
9. The Honorable Jerrold Nadler (D-NY) House Judiciary Committee;
10. Governor Charlie Baker (R-MA);
11. US Senator Elizabeth Warren (D-MA);
12. US Senator Ed Markey (D-MA);
13. US Congresswoman Lori Trahan (D-MA);
14. US Congresswoman Ayanna Pressley (D-MA); and
15. MA Attorney General Maura Healey
Regular updates will continue to be made available to the Public and to media outlets nationwide
out of continued concerns for the Plaintiff’s safety and security. If this Court has questions
regarding any portion of this Motion, or requires additional information, the Plaintiff is happy to
Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
MIDDLESEX SUPERIOR COURT
The Plaintiff – MOHAN A. HARIHAR, a pro se litigant, respectfully files this Motion in
accordance with Superior Court Rule 9A, calling for this Court to schedule a hearing to identify
Defendants (other than those already named) who stand accused of evidenced claims referenced
here and in the related motions before the Court. For reasons previously articulated in the
original Land Court complaint, the Plaintiff shows cause to include the following parties as
Defendants:
the parent company to CMLTI 2006 AR-1, a Residential Mortgage Backed Security
informed and believes, and thereon alleges, that Defendant Leader Bank NA, is a
the purported Sponsor for the Securitized Trust and/or a purported participant in the
imperfect securitization of the Note and/or Deed of the Trust as more particularly
Boston Law Firm. Ms. Coakley is also the former Attorney General for the
with multiple locations primarily along the east coast of the United States, including a
Boston Office located at One Post Office Square, 30th floor, Boston, MA 02109. Nelson
Mullins Riley and Scarborough LLP served as prior counsel to both Defendants - Wells
Fargo and US Bank (Nelson Mullins Riley & Scarborough LLP). Following their
withdrawal, Nelson Mullins LLP was replaced by K&L Gates, LLP. Nelson Mullins is
also the author of in the referenced West LegalEd Center course entitled, “After the
Bubble Bursts” – Mortgage and Foreclosure issues in Criminal and Civil Litigation.
The Court is aware that from this course, the Plaintiff has evidenced one of two formal
RICO claims involving: (1) the MA AGO; (2) US Attorney’s Office (MA); and (3)
16
See Exhibit 1
5. Defendant – HARMON LAW OFFICES PC is a law firm with a principal office in
Newton, MA. Harmon is the originally retained counsel by US Bank in this matter, who
withdrew from this case shortly after the MA Attorney General’s Office began its
labeled the “Foreclosure Mill” of Massachusetts, tied to over 50,000 identified illegal
foreclosures throughout the Commonwealth. Harmon has also been directly linked to
LLP in Boston, MA (formerly with Nelson Mullins Riley and Scarborough LLP, located
in Boston). Following the withdrawal of Hamon Law Offices, Mr. Fialkow first became
the representing attorney for Bank Defendants while employed by Nelson Mullins. Mr.
Fialkow is currently the retained counsel for Bank Defendants here and in the related
Federal litigation;
Gates, LLP in Boston, MA (formerly with Nelson Mullins Riley and Scarborough LLP,
located in Boston). Mr. Patterson has served as co-counsel with Attorney Fialkow in the
related litigation, and has also appeared as a Guest Speaker in the referenced West
LegalEd Center course entitled, “After the Bubble Bursts” – Mortgage and
8. Defendant – PETER HALEY, ESQ., is the Managing Partner for Nelson Mullins Riley
Offices PC, and was the original representing attorney who initiated the referenced illegal
foreclosure of Plaintiff’s Property;
10. Defendant - KEN and MARY DAHER are Real Estate Brokers associated with
Weichert Realtors – Daher Companies located in Methuen, MA. Mr. and Mrs. Daher
were the representing Real Estate Brokers associated with the referenced illegal
11. Defendant Jeffrey Loeb, Esq., is an attorney employed by Rich May PC, located in
Boston, MA. Mr. Loeb is currently the retained counsel for Defendants – Jeffrey and
The Plaintiff reserves the right to further expand upon this list of Defendants to include the
following attorneys and Law Firms if ultimately, any (or ALL) of the Defendants consciously
The Court is respectfully reminded that litigation privilege is considered waived (as is
Sovereign/judicial immunity) when there is evidenced claims that include of Fraud upon the
Court, Economic Espionage and Conspiracy to Defraud The United States. Therefore, the
Plaintiff respectfully calls for this Court to allow an amendment that will include referenced
parties as additional Defendants. The Plaintiff also requests that your Honor issue subpoenas to
Please be advised – aside from evidenced judicial failures of record, the severity evidenced legal
claims against named Defendants (including the additional parties referenced in this Motion)
both here in Massachusetts State Courts and in the related federal litigation call for regular
civil/criminal claims include: (1) Civil/Criminal RICO violations against the Commonwealth,
named Defendants (and Defendants still to be named) - 18 U.S. Code § 1964; (2) Fraud on the
Court - Fed. R. Civ. P. 60(b)(3); (3) Economic Espionage - 18 U.S.C. § 1831 ; (4) Misprision
of Treason -18 U.S. Code § 2382 ; (5) Conspiracy to Defraud The United States - 18 U.S.C. §
371; (6) Criminal SEC violations, and matters perceived to impact National Security.
will receive regular updates, as it bears impact to the related federal litigation:
1. POTUS;
2. US Secret Service - Director James M. Murray;
3. US Inspector General - Michael Horowitz;
4. SEC Chairman - Jay Clayton;
5. US Attorney General William Barr;
6. Admin. Office of US Courts – Director James C. Duff;
7. US Attorney Andrew Lelling (MA);
8. Chairman Lindsey Graham (R-SC) Senate Judiciary Committee;
9. The Honorable Jerrold Nadler (D-NY) House Judiciary Committee;
10. Governor Charlie Baker (R-MA);
11. US Senator Elizabeth Warren (D-MA);
12. US Senator Ed Markey (D-MA);
13. US Congresswoman Lori Trahan (D-MA);
14. US Congresswoman Ayanna Pressley (D-MA); and
15. MA Attorney General Maura Healey
Regular updates will continue to be made available to the Public and to media outlets nationwide
out of continued concerns for the Plaintiff’s safety and security. If this Court has questions
regarding any portion of this Motion, or requires additional information, the Plaintiff is happy to
Respectfully submitted,
Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
Exhibit 1
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
MIDDLESEX SUPERIOR COURT
The Plaintiff – MOHAN A. HARIHAR, a pro se litigant, respectfully files this Motion in
accordance with Superior Court Rule 9A, calling for this Court to schedule a hearing to address
and acknowledge for the record NEW EVIDENCE involving Bank Defendants - WELLS
FARGO and US BANK, pursuant to Mass. R. Civ. P. 60(b)(2). This new evidence shows
cause to re-open related cases and correct erred judgements in: (1) this Superior Court; (2) the
Land Court; and (3) the Northeast Housing Court – as there are now substantial contradictions to
the Bank Defendants statements of record. As grounds therefore, the Plaintiff states the
following:
I. SWORN TESTIMONY of WELLS FARGO CEO BEFORE HOUSE FINANCIAL
SERVICES COMMITTEE
New evidence is brought to the attention of this Court, pursuant to Mass. R. Civ. P.
60(b)(2) – involving the sworn testimony of the Defendant - Wells Fargo, specifically,
(now former) CEO – Tim Sloan, before the House Financial Services Committee on
abuses, Mr. Sloan states that his company has reached out to every customer in an effort
to resolve these issues. This testimony clearly contradicts what has been evidenced in this
(and all related State/Federal) litigation over the past eight (8) years. As evidenced by the
record, Wells Fargo has never once “reached out” to Mr. Harihar in effort to resolve a
single issue related to these admitted mortgage abuses associated with his Property. In
fact, it is Mr. Harihar who has in Good Faith – repeatedly extended opportunities to
Wells Fargo (and to all Defendants) to seek a mutual agreement for these evidenced
2019 by the House Financial Services Committee, Chairwoman Maxine Waters (D-
“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,
This Court is respectfully reminded that as a matter of record: (1) the Department of
Justice (DOJ); (2) Massachusetts Office of the Attorney General (MA AGO); and (3)
Federal Bank Regulators, specifically, the OCC have all identified these mortgage
jurisdiction remains an issue here, this new evidenced testimony shows cause to again
amend all related State/Federal complaints and justifies initiating corrective action in
AGREEMENT.
On March 20, 2019, the Respondent - Wells Fargo reached an agreement to pay more
than $13 million to settle a pending class-action lawsuit (originating in North Carolina)
that accused the bank of “improperly” modifying the mortgages of borrowers who had
declared bankruptcy. The settlement comes on the heels of Wells Fargo CEO Tim
Sloan’s 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
facing foreclosure over a five-year period. This court is respectfully reminded that as a
matter of record, the Plaintiff has for eight (8) years brought this Wells Fargo
“ERROR” or “GLITCH” to the attention of every State and Federal docket related
On Thursday, March 28, 2019, National headlines announced - Wells Fargo CEO Tim
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
The Plaintiff is certain that collectively, this eight (8) year litigation has (at least in part)
contributed to the Mr. Sloan’s decision to resign. To be clear – since the Defendants have
thus far 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: (1) finally recognize past erred judgements by Massachusetts State (and
Federal) courts; and (2) initiate corrective action. Furthermore, based on the sworn
testimony of Mr. Sloan, the Plaintiff shows cause to expand upon (or to file a new) claims
of Fraud on the Court (at minimum) against the Bank Defendant – Wells Fargo and
considered waived (as is Sovereign/Judicial immunity) when Fraud on the Court has been
evidenced.
The Plaintiff has recently been made aware of an approved Criminal Complaint filed with
the SEC (Securities and Exchange Commission), involving four (4) parties including the
Defendant – US BANK.17 The approved TA-2 Form was submitted for reporting
17
See Exhibit 1
activities of Transfer Agents pursuant to Section 17A of the Securities and Exchange
Omissions of Fact that constitute Federal Criminal violations under (1) 18 U.S.C. 1001
and (2) 15 U.S.C. 78ff(a). If the Defendants (all of whom have knowledge of these
evidenced facts) do not wish to enter into a mutual agreement, the Plaintiff will show
cause to amend his original complaint(s) under Mass. R. Civ. P. 60(b)(2), expanding
upon his existing claims (at minimum) against the Defendant – US BANK. This new
evidence additionally shows cause to expand upon existing Fraud on the Court claims,
If after a thorough review of the historical record, the Plaintiff is not allowed to amend his
original complaint – based on this new evidence, the Plaintiff will respectfully call for your
Honor to clarify for the record specifically which historical documents were reviewed in order to
support your conclusion.18 Based on the evidenced, historical judicial abuses of record, the
failure to rightfully acknowledge any one (1) of the Plaintiff’s evidenced claims (including any
refusal to formally validate the intentions of the MA AGO) will be perceived as: (1) a
continued pattern of corrupt conduct; and (2) the intention to arrive at a corrupt and pre-
determined outcome - (at minimum) showing cause for recusal and cause to amend the related
federal complaint – HARIHAR v US BANK et al, Docket No. 15-cv-11880, pursuant (at
18
Please be advised, HISTORICAL DOCUMENTS reference ALL filed documents related to this state and
federal litigation over the past eight (8) years - including ALL evidenced arguments of the Plaintiff – MOHAN A.
HARIHAR
Therefore, for the reasons stated above (and only after jurisdiction has been re-established), if the
Defendants do not wish to reach a mutual agreement, the Plaintiff calls for this Court to:
4. Schedule a separate hearing to address the referenced new evidenced described within;
5. Acknowledge for the record ALL referenced claims as part of the Plaintiff’s complaint;
and
6. Issue a subpoena to MA Attorney General – Maura Healey, calling for sworn testimony
that helps to inform this court of all historical legal issues related to the Plaintiff’s
foreclosure; and which calls for the MA AGO’s to clarify its intentions for bringing
criminal indictments against named Defendants, including their retained counsel. Please
against referenced parties will show cause to expand upon existing (or to file new)
BANK et al.
Aside from evidenced judicial failures of record, the severity evidenced legal claims against
named Defendants (and Parties still to be named) both here in Massachusetts State Courts and in
the related federal litigation call for regular updates delivered to multiple government
offices/agencies. Just a few of these evidenced civil/criminal claims include: (1) Civil/Criminal
RICO violations against the Commonwealth, named Defendants (and Defendants still to be
named) - 18 U.S. Code § 1964; (2) Fraud on the Court - Fed. R. Civ. P. 60(b)(3); (3) Economic
Espionage - 18 U.S.C. § 1831 ; (4) Misprision of Treason -18 U.S. Code § 2382 ; (5) Conspiracy
to Defraud The United States - 18 U.S.C. § 371; (6) Criminal SEC violations, and matters
perceived to impact National Security. Therefore, as we move forward with these proceedings,
the following offices/agencies/courts will receive regular updates, as it bears impact to the
1. POTUS;
2. US Secret Service - Director James M. Murray;
3. US Inspector General - Michael Horowitz;
4. SEC Chairman - Jay Clayton;
5. US Attorney General William Barr;
6. Admin. Office of US Courts – Director James C. Duff;
7. US Attorney Andrew Lelling (MA);
8. Chairman Lindsey Graham (R-SC) Senate Judiciary Committee;
9. The Honorable Jerrold Nadler (D-NY) House Judiciary Committee;
10. Governor Charlie Baker (R-MA);
11. US Senator Elizabeth Warren (D-MA);
12. US Senator Ed Markey (D-MA);
13. US Congresswoman Lori Trahan (D-MA);
14. US Congresswoman Ayanna Pressley (D-MA); and
15. MA Attorney General Maura Healey
Regular updates will continue to be made available to the Public and to media outlets nationwide
out of continued concerns for the Plaintiff’s safety and security. If this Court has questions
regarding any portion of this Motion, or requires additional information, the Plaintiff is happy to
Respectfully submitted,
Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
Exhibit 1
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
MIDDLESEX SUPERIOR COURT
The Plaintiff – MOHAN A. HARIHAR, a pro se litigant, respectfully files this Motion in
accordance with Superior Court Rule 9A, calling for this Court to recognize that the severity of
evidenced claims brought against these Defendants – as well as their retained counsel of record,
penalties including disbarment should be assessed against licensed: (1) Attorneys; (2) Real
Estate Brokers; and (3) Real Estate Instructors, when the severity of evidenced claims
2. RICO claims;
4. Economic Espionage;
If after a thorough review of the historical record, this Court fails to recognize ANY Defendant
or attorney misconduct that warrants the assessment of professional penalties, the Plaintiff will
respectfully call for your Honor to clarify for the record specifically which historical documents
were reviewed in order to support your conclusion.19 Based on the evidenced, historical judicial
abuses of record, the continued failure to rightfully acknowledge the Plaintiff’s evidenced claims
will indicate: (1) a continued pattern of corrupt conduct; and (2) the intention to arrive at a
corrupt and pre-determined outcome - (at minimum) showing cause for recusal and cause to
amend the related federal complaint – HARIHAR v US BANK et al, Docket No. 15-cv-11880,
Please be advised – aside from evidenced judicial failures of record, the severity evidenced legal
claims against named Defendants (and Parties still to be named) both here in Massachusetts State
Courts and in the related federal litigation call for regular updates delivered to multiple
government offices/agencies. Just a few of these evidenced civil/criminal claims include: (1)
Civil/Criminal RICO violations against the Commonwealth, named Defendants (and Defendants
still to be named) - 18 U.S. Code § 1964; (2) Fraud on the Court - Fed. R. Civ. P. 60(b)(3); (3)
Economic Espionage - 18 U.S.C. § 1831 ; (4) Misprision of Treason -18 U.S. Code § 2382 ; (5)
Conspiracy to Defraud The United States - 18 U.S.C. § 371; (6) Criminal SEC violations, and
19
Please be advised, HISTORICAL DOCUMENTS reference ALL filed documents related to this state and
federal litigation over the past eight (8) years - including ALL evidenced arguments of the Plaintiff – MOHAN A.
HARIHAR
matters perceived to impact National Security. Therefore, as we move forward with these
proceedings, the following offices/agencies/courts will receive regular updates, as it bears impact
1. POTUS;
2. US Secret Service - Director James M. Murray;
3. US Inspector General - Michael Horowitz;
4. SEC Chairman - Jay Clayton;
5. US Attorney General William Barr;
6. Admin. Office of US Courts – Director James C. Duff;
7. US Attorney Andrew Lelling (MA);
8. Chairman Lindsey Graham (R-SC) Senate Judiciary Committee;
9. The Honorable Jerrold Nadler (D-NY) House Judiciary Committee;
10. Governor Charlie Baker (R-MA);
11. US Senator Elizabeth Warren (D-MA);
12. US Senator Ed Markey (D-MA);
13. US Congresswoman Lori Trahan (D-MA);
14. US Congresswoman Ayanna Pressley (D-MA); and
15. MA Attorney General Maura Healey
Regular updates will continue to be made available to the Public and to media outlets nationwide
out of continued concerns for the Plaintiff’s safety and security. The Clerk of the Court is
expected to record this document as part of the record. If this Court has questions regarding any
portion of this Notice, or requires additional information, the Plaintiff is happy to provide upon
request.
Respectfully submitted,
Mohan a. Harihar
Plaintiff – Pro Se
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com