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Foreclosed Homeowner Files Ethics Complaint with NE Association of Realtors

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Foreclosed homeowner, Mohan A. Harihar Files Ethics Complaint w/ the NE Association of Realtors against Weichert Realtors - Daher Companies of Methuen, MA.
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  • June 20, 2014

    Northeast Association of Realtors FOR DOCUMENTATION, DISCLOSURE & LEGAL 6 Liberty Way, Suite 204 PURPOSES Westford, MA 01886 RE: Ethics Complaint Daher Companies

    VIA US MAIL

    Dear Northeast Association of Realtors,

    It has unfortunately become necessary to file an Ethics Complaint1 against two (2) members of the

    Northeast Association of Realtors:

    1. Mary E. Koontz-Daher, Daher Companies (Principal).

    2. Kenneth Daher, Daher Companies (Principal).

    In late February 2014, and following the Wrongful Displacement of Mohan A. Harihar, Weichert Realtors Daher Companies (located at 25 East Street, Methuen, MA 01844), elected to list the foreclosed residential property located at 168 Parkview Avenue, Lowell, MA 01852. This property has been in ongoing litigation pertaining to Wrongful Foreclosure for over three (3) years, and is currently being heard in the MA Appeals Court, Docket No. 2013-P-1829. Associated misconduct is considered both civil and criminal, and is fully supported against multiple parties including (but not limited to): US Bank NA, Wells Fargo NA, Harmon Law Offices PC, Nelson Mullins LLP and the Securitized Mortgage Trust CMLTI 2006-AR1.

    On March 23, 2014, an email communication was sent to Mr. and Mrs. Daher, Principals of Weichert Realtors Daher Companies, to notify all parties of the serious circumstances associated with this matter, and the potential legal risk to ANY, and ALL parties, choosing to align themselves with the associated misconduct. This Notice of Disclosure, Civil & Criminal Liability has apparently been ignored.

    2

    On May 23, 2014, an email communication was sent to Daher Companies, with an update to ongoing litigation, outlined in the 5/19/14 Media Alert, and a second NOTICE was issued to parties choosing to align themselves with any associated misconduct.

    3

    On June 7, 2014, after receiving feedback from local Realtors of potential disclosure non-compliance, an email communication was sent to Daher Companies, informing them that a formal complaint was now being prepared against them, for concerns surrounding non-disclosure to multiple parties including (but not limited to): other Real Estate Brokers, Real Estate Agents, potential buyers, etc Shortly

    1 See Appendix, Completed Form E-1, as required, p. 5

    2 See Appendix, March 23, 2014 Email Communication RE: Disclosure, Civil & Criminal Liability, p. 6 - 9

    3 See Appendix, May 23, 2014 Email Communication and 5/19/14 Media Alert (Click on Link to access), p. 9

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

  • Page 2 June 20, 2014

    thereafter, I received an email communication response from Mary Koontz-Daher, a response considered inappropriate, unprofessional, and falsely stated.

    4

    After receiving the email, I received a missed phone call on my mobile phone. A voicemail was left by a woman identifying herself as Mary Koontz-Daher, in an erratic voice, stating that I should be a man and identify myself and that I should return the call. I then returned the phone call, stated my name and that I was returning a missed call from this number. The same erratic voice identified herself as Mary Koontz-Daher, who claimed to not know who I was, claimed to not know why I was sending her company the previously stated communications, and stated that she was sending the information to her attorney, and notifying the Methuen Police Department.

    Despite multiple interruptions, I notified Mrs. Daher that as explained in the email communication, notice was formerly given regarding the related concerns, and a formal complaint was now being filed against the appropriate parties. I additionally stated that I too, would be notifying the Methuen Police Department, which I did, immediately after ending the phone conversation with Mrs. Daher.

    As documented in this complaint and in supporting documents, I have consistently made clear my name, associated address, email address and contact phone number. To be clear, until the June 7, 2014 email and phone call from Mrs. Daher, there had been no communications received by the references parties. The references by Mrs. Daher on June 7

    th, 2014 stating that she does not know

    who I am, or why legal notice has been sent to Daher Companies conflicts with supporting documents on file.

    This is a very serious matter. It appears that Weichert Realtors Daher Companies has specifically chosen to ignore the email communications/Broker Disclosure Notice sent to them, choosing instead to knowingly list and market a foreclosed property which is still in active and ongoing litigation, and without notifying other Brokers, Real Estate Agents, potential buyers, etc of the potential & considerable legal risk(s).

    Feedback has come forth from both local area Real Estate Agents, Brokers, and attendees of a recently held Open House, stating no mention of any Disclosures. Instead, emphasis was given to an incentive Enter to Win $250,000 from WELLS FARGO.

    I am certain, that the conduct exemplified by the referenced Broker(s) does not meet with the standards of NARs Code of Ethics, and have highlighted several areas within the Preamble, as well as Articles 1, 2, 3, 11, 12 & 14.

    5 I am calling for this association to further investigate this matter, including the already

    concluded open houses from 6/1, 6/8, 6/14, independent showings, broker open houses, etcto further determine how many misinformed parties may unnecessarily become subject to increased legal risk.

    Additionally, please be advised, and as stated in the 5/19/14 media Alert, pending the outcome of litigation in MA Appeals Court, this matter is being prepared for transfer to Federal Court, and to additionally be addressed with the MA and US Inspectors General. A copy of this complaint is being filed with the MA Appeals Court to articulate the concerning tactics exemplified by the Appellees - Wells Fargo NA, US Bank NA, and associated Broker. Complaints already filed with the MA Office of the Attorney General, Fraud Investigations Unit of the FBI, Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC), Securities and Exchange Commission (SEC), and the Better Business Bureau (BBB) will also be updated with a copy of this complaint.

    Thank you for your attention to this matter.

    4 See Appendix, June 7, 2014 Email response by Mary Koontz-Daher, and attached original communication(s), p.9

    5 See Appendix, Highlighted sections within NAR - Code Of Ethics and Standards of Practice, p. 10 - 14

  • Page 3 June 20, 2014

    Respectfully Submitted,

    Mohan A. Harihar

  • Page 4 June 20, 2014

    APPENDIX

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    March 23, 2014

    Weichert Realtors, Daher Companies FOR DOCUMENTATION AND Attn: Kenneth Daher, Mary E. Koontz-Daher DISCLOSURE PURPOSES 235 East Street Methuen, MA 01844 RE: Disclosure, Civil & Criminal Liability

    VIA EMAIL COMMUNICATION

    Mr. and Mrs. Daher,

    It is my understanding that your company, Weichert Realtors Daher Companies, located in Methuen, MA, has elected to list the foreclosed residential property located at 168 Parkview Avenue, Lowell, MA 01852.

    Please be advised of the following:

    1. The referenced foreclosed residential property has been definitively associated with misconduct by both the MA Office of the Attorney General and the National Mortgage Settlement. Settlement payment received.

    2. The referenced foreclosed residential property has been definitively associated with misconduct by Federal Bank Regulators. Settlement payment received.

    3. Civil and criminal misconduct is documented, and constitutes (at minimum): Fraud, Deceptive Practices, Fraudulent Concealment, Fraudulent Misrepresentation, Aiding and Abetting Fraud, and Perjury. Additional SEC and IRS infractions pertaining to the referenced securitized mortgage trust are believed to exist, requiring further validation.

    4. Criminal charges for documented misconduct are aggressively being pursued at both state and federal levels against the following parties: US Bank NA, Wells Fargo NA, the Securitized Mortgage Trust CMLTI 2006-AR1, Harmon Law Offices PC, and Nelson Mullins LLP. Complaints are filed with the MA Office of the Attorney General and the Fraud Investigations Unit of the FBI.

    5. This matter directly coincides with the MA Attorney Generals 3+ ongoing investigation of Harmon Law Offices PC*, for misconduct related to unlawful foreclosure and eviction practices. Harmon has been definitively tied to disbarred FL Foreclosure Kingpin David Stern.

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

  • Page 8 June 20, 2014

    6. Complaints are additionally filed with the following parties: The Consumer Financial Protection Bureau (CFPB), The Securities and Exchange Commission (SEC), The Federal Trade Commission (FTC), and the MA Board of Bar Overseers/Bar Counsel**.

    7. Civil litigation regarding this matter and related misconduct is still proceeding in the MA Appeals Court.

    8. Referenced parties have refused to validate Chain of Title, have refused to validate signatures on file related to the foreclosed property, and have refused to provide requested Discovery which further supports deceptive practices, specifically the recorded conversations between homeowner Mohan A. Harihar and the Mortgage Servicer Wells Fargo NA, during the 22-month loan modification attempt.

    9. Any Real Estate Broker or Real Estate Agent, having been made aware of the associated documented misconduct, who chooses to align themselves with this referenced foreclosure for the purpose of resale, will be considered as aiding and abetting fraud, and may be subject to forthcoming litigation against them (Civil and Criminal).

    10. Any party, having been made aware of the associated documented misconduct, who chooses to align themselves with this referenced foreclosure for the purpose of purchase, may be subject to forthcoming litigation against them (Civil and Criminal).

    11. The recent eviction of Mohan A. Harihar from the referenced foreclosure property is being considered an act of Wrongful Displacement, and is being addressed with the Court, as well as state and federal prosecutors.

    12. It is my understanding that by law, you will be required to disclose all information related to the referenced foreclosure, including this communication.

    13. Due to the serious nature of this matter, additional parties will be copied on this communication including: Vice President Joe Biden, Deputy Assistant Director Tim Sheehan (CFPB), the American Civil Liberties Union (ACLU), US Senator Elizabeth Warren (MA), US Senator Ed Markey (MA), Attorney General Martha Coakley (MA), Congresswoman Nikki Tsongas (MA), State Senator Eileen Donoghue (MA), the Massachusetts Association of Realtors (MAR, via twitter), the National Association of Realtors (NAR, via Twitter), and Nelson Mullins LLP - including the individual managing partners of the firm, since documented misconduct extends beyond the Commonwealth of Massachusetts.

    14. This communication is additionally being published for the purpose of exposing this misconduct to the nation, as it is arguably considered the largest case of FRAUD in the history of the United States, and in effort to assist the millions of wrongfully foreclosed homeowners identified by the US Foreclosure Crisis, all fifty (50) Attorneys General, and Federal Bank Regulators.

    *Harmon Law Offices PC, originally retained by US Bank NA in the case against Mohan A. Harihar, has been associated with the vast majority of 50,000 foreclosures throughout the Commonwealth of Massachusetts, withdrew as counsel from this case, in the same timeframe as the MA Attorney General was beginning their investigation against them.

    **Complaints are on file with the MA Board of Bar Overseers against Attorney David E. Fialkow and Managing Partner Peter Haley (both of Nelson Mullins Riley and Scarborough LLP) and also Harmon Law Offices PC.

  • Page 9 June 20, 2014

    Sincerely,

    Mohan A. Harihar

    WRONGFULLY FORECLOSED HOMEOWNER TO ADDRESS INSPECTORS' GENERAL, & PETITION TRANSFER TO FEDERAL COURT http://www.scribd.com/doc/225049527

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