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Foreclosed Homeowner Files Ethics Complaint with NE Association of Realtors

Foreclosed Homeowner Files Ethics Complaint with NE Association of Realtors

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Published by Mohan Harihar
Foreclosed homeowner, Mohan A. Harihar Files Ethics Complaint w/ the NE Association of Realtors against Weichert Realtors - Daher Companies of Methuen, MA.
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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Published by: Mohan Harihar on Jun 20, 2014
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06/21/2014

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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 Complaint
1
 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
NAR’s Code of Ethics, and ha
ve 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, etc…to
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

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