MISC 18-000144

December 7, 2018

Middlesex, ss.



Plaintiff Mohan Harihar commenced this action on March 8, 2018. His Complaint contained nineteen counts and named numerous defendants. His claims pertained to a loan he obtained in 2005 from defendant Wells Fargo Bank, N.A. (to purchase a home at 168 Parkview Avenue in Lowell, MA), the mortgage he gave Wells Fargo to secure his obligations to repay that loan, and defendant U.S. Bank, N.A.'s efforts (as Trustee for Securitized Trust CMLTI Mortgage Pass-Through Certificate Series 2006- AR1 Trust) to foreclose on that mortgage.

On March 16, 2018, the Court ordered Mr. Harihar to show cause as to why the Court had subject-matter jurisdiction over his claims. Harihar appeared at a hearing on May 8, 2018, representing himself (as he has throughout this case). Following the hearing, the Court dismissed without prejudice Counts Two through Fourteen, Seventeen and Eighteen of the Complaint, for lack of subject-matter jurisdiction. The Court held that it had subject-matter jurisdiction over Counts One, Fifteen, Sixteen and Nineteen of the Complaint, as they plausibly raised a dispute concerning some of parties' rights, title or interests in land at 168 Parkview Avenue in Lowell, MA. Harihar identified the defendants in the remaining Counts as Wells Fargo, U.S. Bank (together with Wells Fargo, the "Bank Defendants"), Isabelle and Jeffrey Perkins, and Mortgage Electronic Registration Systems, Inc. ("MERS"; together with the Perkinses and the Bank Defendants, "Defendants").

On May 15, 2018, Mr. Harihar filed a Complaint for Quiet Title (Amended). The Amended Complaint contained four counts and named only the Defendants. Count 1 asserted that neither Wells Fargo nor U.S. Bank had standing to foreclose upon or re-sell 168 Parkview Avenue. Count 2 sought to quiet Harihar's claimed title to 168 Parkview Avenue. Count 3 sought various forms of declaratory relief. Count 4 asked for rescission of Wells Fargo's loan to Harihar and the associated mortgage.

The Bank Defendants answered the Amended Complaint, as did the Perkinses and MERS. The The Bank Defendants subsequently moved for summary judgment, as did the Perkinses and MERS. The Court heard argument on Defendants' motions on October 30, 2018. In accordance with the Decision issued this day, the Court hereby DISMISSES Mr. Harihar's claims in Count 2 of his Amended Complaint, as well as those portions of Counts 1, 3 and 4 of the Amended Complaint that challenge the interests of Isabelle Perkins, Jeffrey Perkins and MERS in 168 Parkview Avenue.

Furthermore, in accordance with the Decision issued this day, as this action no longer is one that involves any right, title or interest to land, and is not an action that is within the exclusive original jurisdiction of the Land Court, this Court ORDERS that this action be and is transferred to the Superior Court Department of the Trial Court, sitting in and for Middlesex County. The Recorder is instructed to assemble and transfer the case papers to the Clerk Magistrate of said court.