Professional Documents
Culture Documents
The Plaintiff, Mohan A. Harihar, acting pro se, respectfully files this Emergency Notice to
transcripts) improperly transferred to this Court, will reveal that the presiding Judge –
Michael Vhay lost jurisdiction after failing to uphold numerous State (and Federal) laws
In fact, upon issuing the Dismissal and Transfer Order December 7, 2018, the Plaintiff filed a
RESPONSE – informing the Court that the presiding Judge had once again issued an order
WITHOUT JURISDICTION. A copy of the referenced Response is attached for the record,1
since the Land Court Clerk, Jennifer Masello – REFUSED to docket the Plaintiff’s filing.
Prefacing the attached Plaintiff Response is an email communication delivered to Clerk Masello
requesting a detailed explanation for the record – as to WHY Mr. Harihar was prohibited from
filing a response to a VOID order. The Clerk has refused to provide an explanation, showing
cause to file a (incremental) criminal complaint with the MA AGO and FBI. Due to the severity
of issues, including NEW Evidence (involving the SEC) and relation to ongoing Federal
1. The DOJ;
1
See Exhibit 1
2
Ongoing Federal Litigation references: (1) HARIHAR v US BANK et al, Appeal No. 17-1381; (2) HARIHAR v
THE UNITED STATES, Appeal No. 17-2074; and (3) HARIHAR v HOWARD, Docket No. 18-cv-11134.
8. US Congresswoman Lori Trahan (D-MA);
Upon review, it should be clear that the presiding judge had multiple opportunities to initiate
corrective action and elected not to do so. Therefore, since Judge Michael Vhay lacked
jurisdiction, this Court must conclude that the Dismissal, Transfer and all related orders
Appellee in the referenced Federal litigation – HARIHAR v US BANK et al, Appeal No.
17-1381, IN PART for the PATTERN OF CORRUPT CONDUCT evidenced within this
State’s Judiciary – IDENTICAL to that evidenced in the related Federal litigation and an
years, the Plaintiff has PUBLICLY evidenced as a matter of record, judicial misconduct
(including Color of Law, Due Process, RICO and other violations) at EVERY level of the
history of this litigation will conclude that the INTEGRITY of the Massachusetts State
whistleblower has recently reported MA Land Court Judge Michael Vhay to both the
SEC and the United States Secret Service, for an alleged improper relationship with the
Please be advised, 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 Appellee – US BANK. The APPROVED TA-2 Form was submitted for
reporting activities of Transfer Agents pursuant to Section 17A of the Securities and
minimum, the Plaintiff shows cause to amend his original complaint(s) under Mass. R. Civ.
The Plaintiff respectfully reminds the Court that: (1) the Massachusetts Office of the
Attorney General (MA-AGO); and (2) the Department of Justice (DOJ) were the FIRST to
complaints have long been filed by the Plaintiff against listed Defendants, however, State
Prosecutors have refused to bring criminal indictments for these evidenced crimes. These
3
A copy of the referenced SEC Criminal complaint against Defendant – US BANK is included in Exhibit 1.
failures – under the leadership of both Attorney General Maura Healey and previously
under former Attorney General Martha Coakley, additionally contribute (at minimum) to
the existing Color of Law and Due Process claims against the Commonwealth in the
Please be advised – the Plaintiff respectfully reminds this Court that he has evidenced for
the record (and in FULL PUBLIC VIEW) an IMPROPER RELATIONSHIP between: (1)
the MA Attorney General’s Office; (2) the US Attorney’s Office (MA); (3) The Boston
BAR Association and (4) Attorneys/Law Firms representing the Bank Defendants –
WELLS FARGO and US BANK. The Plaintiff references the WestLegalEd Center
continuing education course entitled, “After the Bubble Bursts.”5 This course taught
attorneys who represent lending institutions how to defend against mortgage fraud. THE
GUEST SPEAKERS brought in to assist with TEACHING the course included: (1)
ATTORNEY’S OFFICE; and (3) THE BOSTON BAR ASSOCIATION. This Court is
already aware that Nelson Mullins, LLP – the creator of the course, is the former employer
of attorney David E. Fialkow – representing counsel for the Bank Defendants here.
Attorney Fialkow’s former co-counsel to this litigation – Jeffrey S. Patterson was also a
guest speaker for the course. The Court is reminded that Nelson Mullins LLP was the
SECOND law firm to WITHDRAW from this litigation.6 Both attorneys – Fialkow and
4
The Commonwealth of Massachusetts and former AG Martha Coakley are Appellees in the related Federal
litigation – HARIHAR v US BANK et al, Appeal No. 17-1381 (Lower Docket No. 15-cv-11880).
5
See Exhibit 2 (p. 33)
6
This initial Law Firm representing Bank Defendant US Bank was HARMON LAW OFFICES, PC. Harmon is
also an Appellee in the referenced federal Appeal, HARIHAR v US BANK et al.
Patterson, as well as Nelson Mullins LLP are Defendants/Appellees in the referenced
Federal Appeal.
(Civil and Criminal) under 18 U.S. Code Chapter 96 – Racketeer Influenced and
Corrupt Organizations, the Plaintiff will show cause to further expand upon existing (or
file NEW) claims against the Commonwealth in the referenced Federal litigation.
Federal and State Judiciary – now TWICE acknowledged by The United States Supreme
Court (SCOTUS). The most recent example in this Superior Court references the July 11,
2018 decision on Docket No. 1181CV04499 Harihar, Mohan A. vs. US Bank, N.A. et al –
where the Court refused to re-open the case; providing a false, deceptive and inaccurate
narrative consistent with the evidenced judicial misconduct identified in the Federal Court.
Fraud on the Court claim under Mass. R. Civ. P 60(b)(3). At minimum, the judge’s
failure/refusal to uphold Rule 60 renders his order VOID. This alone impacts this Court’s
jurisdiction and shows cause to: (1) Demand the recusal of Judge Joshua Wall; (2) Remove
this complaint to the Federal Court; and (3) Expand upon Color of Law and Due Process
The Court is also reminded that a historical review of Docket No. 1181CV04499 will show
that THE COMPLETE FILE had previously gone “missing” for nearly a month. When it
was finally located, the Plaintiff found that it had been TAMPERED with. Aside from the
Clerk’s office, Plaintiff was informed that the ONLY other party believed to have handled
the case file was the Bank Defendant’s attorney – David E. Fialkow. The record shows
that the Court IGNORED Plaintiff’s repeated efforts to have these tampering allegations
investigated.
Respectfully, this Court has had multiple opportunities through the years to correct its erred
judgments and has refused to do so. At minimum, these evidenced judicial failures impact
not only jurisdiction, but also the integrity of this Superior Court and the
CERTAINLY AGREE. Based on the evidenced record and the Plaintiff’s interpretation of
the law, judicial officers who have historically presided over this litigation in this Superior
Court are considered to have LOST JURISDICTION and are DISQUALIFIED to rule
further in this, or any related litigation. These judicial officers include (but are not limited
to):
without jurisdiction is considered to be “warring against the Constitution” and will have
On Friday, January 11, 2019, counsel for Defendants – WELLS FARGO and US BANK
filed a Notice of intent to file a motion for summary judgment. Attorney Fialkow is fully
aware of the evidenced claims brought against MA Land Court Judge – Michael Vhay that
have impacted his jurisdiction. The Defendants have brought NO VALID argument to
suggest otherwise and are in fact – WITNESSES to these evidenced judicial misconduct
claims. Clearly, as evidenced by the record (and articulated in this filing) the transfer order to
this Court issued by Judge Vhay is considered VOID. Therefore, until ALL prior issues
prohibited from filing a summary judgment (or any other) motion with this Court. The
Plaintiff calls for the Court to strike the 1/11/19 Notice of intent from the record and to
prohibit ANY OTHER filings by Defendants until jurisdiction (and all other) issues have
been resolved. The Plaintiff respectfully requests that the Court confirm for the record that
the tolling of time for any Defendant 9A (or any other) motion will only begin AFTER
VII. Cause for Amendment to Federal Appeal No. 17-1381, HARIHAR v US BANK et al
Please be advised: (1) the recent actions from the MA Land Court; along with (2) this Court’s
ruling on July 11, 2018 – indicates a continued pattern of corrupt conduct in the MA State
Judiciary. The Plaintiff therefore shows cause to expand upon existing claims against the
Commonwealth and will seek to amend the related Federal Appeal No. 17-1381. SHOULD
this Court finally initiate CORRECTIVE action and take the appropriate steps to
overturn its erred judgments, the Plaintiff will similarly show cause to amend his
The Plaintiff has exposed what is now being considered the largest case of judicial fraud in
the history of this Commonwealth; and collectively along with the related Federal litigation –
in the history of The United States. At minimum, it can be argued that the INTENT of these
(State and Federal) judicial officers is a scheme designed (at least in part) to unlawfully
impact/damage: (1) the setting of Legal Precedent; and (2) the Plaintiff’s Intellectual
Property/Trade Secret, created to assist The United States with Economic growth/repair.7
EVEN IF a VALID transfer to this Court were to eventually take place, the Plaintiff has
EVIEDENCED IN FULL PUBLIC VIEW that the INTEGRITY of this Court has been
COMPROMISED. Therefore, the Plaintiff shows cause to remove this civil action to the
Federal Court, pursuant to 28 U.S. Code § 1441(f).8 A motion for removal will next be filed
with the US District Court, should the Commonwealth fail to timely overturn and correct the
erred judgments described within. Moving forward, the Plaintiff respectfully requests that
this Court first provide: (1) detailed clarification that validates the recent failures of the MA
Land Court; followed by (2) the Court’s intentions to correct/overturn ALL related erred
7
The Plaintiff references his Intellectual Property (IP), known as the HARIHAR FCS Model. As a matter of
record, the IP/Trade Secret was successfully presented to multiple government offices/committees including (but not
limited to): (1) Members of Congress; (2) The House Financial Services Committee (Former Deputy Chief
Counsel); and (3) The Executive Office of the President (EOP), under the previous Obama administration and per
the specific request of former VP Joe Biden.
8
28 U.S. Code § 1441(f) Derivative Removal Jurisdiction - The court to which a civil action is removed under
this section is not precluded from hearing and determining any claim in such civil action because the State court
from which such civil action is removed did not have jurisdiction over that claim.
judgments issued by MA State Courts. Any corrective action initiated by this Court will be
taken into consideration in the related Federal litigation against the Commonwealth.
Conversely, any refusal to do so will re-affirm the Plaintiff’s consistent claims and the
Please be advised, based on the Plaintiff’s interpretation of State (and Federal) Law, and
considering a portion of his evidenced claims pertain to: (1) Criminal misconduct involving
judicial officers; (2) Economic Espionage; (3) Criminal SEC violations; and (4) matters
a. POTUS9;
9
See Exhibit 3
10
Recognized for its central role in the protection of the nation’s leaders and the financial and critical
infrastructure of the United States, the Secret Service contributes to the Department of Homeland Security’s
common mission of protecting the American people from harm.
l. US Senator Elizabeth Warren (D-MA);
A copy will also 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 Notice, or requires additional information, the Plaintiff is happy
Mohan A. Harihar
Plaintiff
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com
Exhibit 1
Mohan Harihar <moharihar@gmail.com>
Mohan Harihar v. Jeffrey and Isabelle Perkins, et al.: Land Court C.A. No.
18 MISC 000144 MDV
Mohan Harihar <moharihar@gmail.com> Tue, Jan 8, 2019 at 12:39 PM
To: Jennifer Masello <jennifer.masello@jud.state.ma.us>, "Jeffrey B. Loeb" <JLoeb@richmaylaw.com>,
david fialkow <david.fialkow@klgates.com>
Cc: chairmanoffice@sec.gov, CommissionerStein@sec.gov, CommissionerJackson@sec.gov,
CommissionerPeirce@sec.gov, NewYorkComplaints Dojoig <dojoig.newyorkcomplaints@usdoj.gov>,
theresa.watson3@usdoj.gov, christina.sterling@usdoj.gov, andrew.lelling@usdoj.gov,
mary.murrane@usdoj.gov, "Constituent.services@state.ma.us" <constituent.services@state.ma.us>,
elizabeth_warren@warren.senate.gov, Nairoby_Gabriel@warren.senate.gov,
Nora_Keefe@warren.senate.gov, scheduling@warren.senate.gov, sydney_levin-
epstein@markey.senate.gov, lori.trahan@mail.house.gov, maura.healey@state.ma.us,
jesse.boodoo@state.ma.us, ma-igo-general-mail@state.ma.us, igo-fightfraud@state.ma.us, Alexa
Vercollone <avercollone@richmaylaw.com>
Before this Court transferred the referenced Docket to the Middlesex Superior Court, Judge Vhay
issued a VOID dismissal order on December 7, 2018 - WITHOUT jurisdiction, as it pertains to the
Plaintiff's claim of Legal Standing. The attached RESPONSE was timely submitted and this Court
refused to record the filing. Ms. Masello - you are now respectfully asked to provide for the record, a
detailed explanation as to WHY the Plaintiff is prohibited from filing a response to a VOID order
issued by this Court PRIOR to the transfer of the REMAINING issues.
Please be advised, as Clerk of the Court and as the Defendant's Counsel, you have collectively
witnessed the evidenced claims of record brought against the accused judicial officer, MA Land Court
Judge - Michael Vhay. You are also aware of the gravity of RELATED/IDENTICAL judicial
misconduct issues evidenced in the Federal Court - now TWICE acknowledged by SCOTUS. Any
continued failure by this Court to initiate corrective action shows cause to amend existing (and/or file
NEW) civil and criminal complaints. Also, please note - If it is your individual/collective decision to
continue ignoring these evidenced claims, you do so in the presence of the following parties, who are
necessarily copied on this (and future) email(s):
1. The DOJ;
2. The SEC (Securities and Exchange Commission);
3. The US Attorney's Office;
4. The US Inspector General's Office (OIG);
5. Governor Charlie Baker (R-MA);
6. US Senator Elizabeth Warren (D-MA);
7. US Senator Ed Markey (D-MA);
8. US Congresswoman Lori Trahan (D-MA);
9. The MA Attorney General's Office; and
10. The MA Inspector General's Office
The Public and Media sources Nationwide will also receive a copy of this email and attached
documents out of continued concerns for the Plaintiff's safety and security. The Middlesex Superior
Court will also be updated in a separate filing. Thank you for your attention to this very serious matter.
Respectfully,
Mohan A. Harihar
Plaintiff
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (mobile)
mo.harihar@gmail.com
)
MOHAN A HARIHAR ) Case No. 18-MISC-000144
)
Plaintiff )
)
v. )
)
WELLS FARGO BANK NA, et al )
)
Defendants )
)
On December 12, 2018, the Plaintiff – MOHAN A. HARIHAR, a pro se litigant, received
by US Mail an order that had been issued on December 7, 2018 by an INFERIOR judicial
officer – Judge Michael Vhay. Respectfully, as a matter of record this Court has previously
been made aware of the judicial failures within this docket that ultimately impact jurisdiction.
Judge Vhay has not only refused to recuse, but has provided NO VALID argument that
would allow him to maintain jurisdiction here. Instead, Judge Vhay has consciously chosen to
action raises a number of NEW issues and certainly impacts ALL related litigation:
I. The Order Issued 12/7/18 is Considered VOID – As previously articulated in the record,
MA Land Court Judge Vhay is considered to have lost jurisdiction and therefore, cannot
issue a ruling here, or in any related litigation. At minimum, the record reveals multiple
Respectfully, these evidenced judicial failures are irrefutable, and Judge Vhay has provided
NO VALID argument that would suggest otherwise. Therefore, the referenced order (and
EVEN IF jurisdiction was not an issue, Judge Vhay’s explanation of the order inaccurately
summarizes the issues, appearing to brush aside ALL of the Plaintiff’s supported arguments
judicial tactic is one that is all-to-familiar to the Plaintiff - who has evidenced identical
11
Referenced Federal Litigation includes: (1) HARIHAR v US BANK et al, Appeal No. 17-1381 (Lower Court
Docket No. 15-cv-11880); (2) HARIHAR v THE UNITED STATES, Appeal No. 17-2074 (Lower Court Docket
No. 17-cv-11109); and (3) HARIHAR v CHIEF JUDGE JEFFREY R HOWARD, et al, Docket No. 18-cv-11134).
patterns throughout the eight (8) year history of this litigation. Evidenced examples include
states that the Plaintiff has been in active/ongoing litigation involving his
District Court on May 30, 2011. There had been little-to-no time gap during the 4-
year history of referenced State litigation prior to filing the Plaintiff’s initial Federal
complaint.12 EVEN when it became necessary to file his civil complaint in Federal
Court and for nearly FOUR (4) additional years thru PRESENT DAY, there has been
argument.
A. Notice to the North Middlesex County Registry of Deeds – in nearly eight (8)
years, the Plaintiff has NEVER been made aware by ANY court – OR IN THE
responsible for recording with the Registry of Deeds, “proof of the filing of the
pleading that presents the challenge” (Referencing M.G.L. c. 244, § 15(d)). The
Plaintiff will now officially file this required proof with the North Middlesex County
Registry of Deeds – since this litigation has been ONGOING for nearly eight (8)
years, with virtually NO GAP in time. Therefore, the Plaintiff is not even remotely
close to a 3-year “deadline” for filing such notice with the Registry of Deeds. Judge
12
References HARIHAR v US BANK et al, Docket No. 15-cv-11880.
B. Failing to Acknowledge the Admission of Guilt by Defendant – WELLS FARGO
- In a regulatory filing (and National headline), Wells Fargo recently revealed that a
Fargo contained a startling admission: A review of the bank's internal systems had
applied for mortgage modifications between April 2010 and October 2015. The
Plaintiff has evidenced for the record that he has been subject to the same
THE COURT Argument - under Mass. Civ. R. Proc. 60(b)(3), that conclusively
shows that the RMBS Trust – CMLTI 2006 AR-1, and ultimately the Plaintiff’s
Foreclosure is VOID;
and Federal Bank Regulators have ALL recognized the foreclosure associated with
the Plaintiff and the mortgage servicer, Defendant – WELLS FARGO that (at
F. Failing to Acknowledge the $2.1B Settlement with DOJ Over Mortgage Abuses –
Vice President for Wells Fargo - The check (issued to Mr. Harihar) was a
reimbursement (with interest) for his “Good Faith” payment that he was
never received. The letter, which was received approximately three (3) years
TWO (2) separate lawsuits - The first lawsuit was brought by 49 State AGs’
against Defendants that included – WELLS FARGO. From the $25B settlement,
the Plaintiff received approximately $1200. The second lawsuit was brought by
reviews and set up the independent foreclosure review process. From the $8B
Plaintiff reserved the right to pursue additional civil remedies, if payments fell short
of the damages incurred. Similarly, State and Federal Prosecutors reserved the right
to pursue criminal claims. The purpose of this (and the related) civil litigation is to
recover the substantial remaining balance of damages rightfully due to the Plaintiff –
Judicata and Collateral Estoppel defenses have been acknowledged, as there is no mention
II. The Order is Considered an Incremental Act of Treason under Article III
For reasons clearly articulated throughout the record and again here, the conscious decision
perceived as an act of TREASON under ARTICLE III, Section 3 of The United States
Constitution. Serving as witness to this criminal violation is the Clerk of the Court –
Jennifer Masello, the listed Defendants and their respective counsel. Therefore, with the
filing of this response and as required by Federal Law, the Plaintiff notifies this Court of
this evidenced criminal violation by a judicial officer. Any failure by this Court to
acknowledge this formal claim will be brought to the attention of SCOTUS. Governor
Charlie Baker (R-MA) and The White House/POTUS (See Exhibit 2) will similarly be
III. Impact to Ongoing Federal Litigation – Please be advised, this Court is already aware that
the referenced litigation – HARIHAR v US BANK et al (Appeal No. 17-1381), includes the
previously been evidenced as a matter of record throughout this State’s judiciary. The
evidenced claims brought against the presiding Judge Michael Vhay, shows cause to now
amend the Plaintiff’s three (3) original Federal complaint(s). At minimum, the judge’s
IV. Impact to Plaintiff’s Petition for Writ of Certiorari to SCOTUS – On December 4, 2018,
Supreme Court Justice Stephen Breyer acknowledged for a SECOND time,13 the list of
extraordinary, unresolved issues associated with this litigation. Referenced issues include the
egregious pattern of corrupt conduct exemplified by the lower courts. Justice Breyer again
granted an extension of time to 1/28/18 for Mr. Harihar to file his Petition for Writ of
V. Impact to Filed FBI Criminal Complaints – This Court is already aware that the Plaintiff
has (for reasons stated) necessarily filed a criminal complaint with the FBI against Judge
Michael Vhay. The conscious decision to issue an incremental order without jurisdiction
VI. New Evidence – please be advised, the Plaintiff has recently been made aware of an
approved Criminal Complaint filed with the SEC (Securities and Exchange Commission),
involving the Defendant – US BANK.14 This newly discovered evidence impacts arguments
13
Justice Stephen Breyer first acknowledged the referenced list of extraordinary, unresolved issues on June 8,
2018 – thus granting the Petitioner’s request for a timeline extension. Shortly thereafter, the First Circuit Panel
VACATED the Judgment, recalled the issued Mandate and later RECUSED. The REPLACEMENT Appellate
Panel is similarly considered inferior, has refused to recuse and has added to the extraordinary issues warranting a
second timeline extension.
14
See Exhibit 1
related to this (and all related State/Federal) litigation showing cause to amend the original
VII. Notice of Appeal – Please be advised, while the referenced Dismissal order is considered
VOID (for reasons stated within), the Plaintiff files this NOTICE OF APPEAL to the
VIII. Cause for Removal to Federal Court – If corrective action is not immediately initiated
by this Court, the Plaintiff shows cause for removal of this civil complaint to Federal Court,
A copy of this response will be made available to the PUBLIC and distributed to media sources
nationwide, for documentation purposes and out of the Plaintiff’s CONTINUED CONCERNS
The Plaintiff – Mohan A. Harihar is grateful for the Court’s consideration in this very serious
Mohan A. Harihar
Plaintiff
7124 Avalon Drive
Acton, MA 01720
Mo.harihar@gmail.com
Exhibit 1
Exhibit 2
CERTIFICATE OF SERVICE
I hereby certify that on December 19, 2018, I filed the foregoing with the Clerk of Court and
counsel for the Defendants (listed below) via email communication. Hardcopies will also be
delivered via US Mail to:
Mohan A. Harihar
Plaintiff
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com
Exhibit 2
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I hereby certify that on January 16, 2019, I filed the foregoing NOTICE with the Clerk of the
Court and counsel for the Defendants (listed below) via US Mail:
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
Mo.harihar@gmail.com