Attorney Mawhinney
Fraud
How David A. Mawhinney (Chapter 13 Trustee) helps Fairway cover-up Mortgage Fraud
(Whistleblower Website)
Attorney David Mawhinney
Chapter 13 Trustee
(Worcester, MA)
How David A. Mawhinney (Chapter 13 Trustee) helps Fairway cover-up Mortgage Fraud
(Whistleblower Website)
Attorney David Mawhinney
Chapter 13 Trustee
(Worcester, MA)
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Dear Readers:
We, Roxanne (Mother) and Edward (Son), are victims of Unfair, Deceptive Acts and Practices by Fairway Independent Mortgage Corporation and Loan Officer William B. Murphy. Specifically: fraudulent loan origination and predatory mortgage lending. For details, view our website: The Mortgage Fraud
September 12, 2023: We filed a lawsuit about mortgage fraud against Fairway and William B. Murphy in Worcester District State Court.
November 3, 2023: Honorable Judge R. Pellegrini reviewed our Complaint against Fairway & Murphy and found there is evidence:
September 23, 2024: Judge James G. Haddad dismissed our case because we did not ask for "monetary damages" for our suffering. Judge Haddad did not allow us to present evidence about mortgage fraud to Jury Trial. He also did not allow us to amend our lawsuit with "money damages."
September 30, 2024: We filed an Appeal. For 17 months now our case is pending in Massachusetts Appellate Division.
April 16, 2025: While our Appeal is pending, Fairway scheduled Foreclosure Sale of our home on May 15, 2025.
May 12, 2025: We filed an emergency lawsuit to stop Foreclosure Sale while our Appeal is pending. Chief Judge Elizabeth D. Katz was assigned to our case. From Day One, Judge Katz has been acting as Fairway's Attorney and biased & prejudiced against us.
Chief Judge Elizabeth D. Katz
(Massachusetts Court)
Note: For more details how Judge Elizabeth D. Katz has covered-up mortage fraud, visit our website: Judge Katz Fraud
Since then, we paid all of our income to Fairway and Trustee David. A. Mawhinney.
July 8, 2025: Fairway Attorney Sammy Hooda committed mortgage fraud when he filed Proof of Claim in both of our cases without Co-Debtor information. Attorney Hooda demanded $403,989.30 from each Debtor ($807,978.60 in total). But the actual joint mortgage amount is $403,989.30.
August 29, 2025: Fairway Attorneys requested Judge Elizabeth D. Katz to sell our home immediately.
October 22, 2025: Judge Elizabeth D. Katz demanded we immediately surrender our home.
October 27, 2025: We filed an appeal of Judge Katz's order to District Court (Boston).
November 26, 2025: We filed critical Appeal documents (877 pages).
December 10, 2025:Chapter 13 Trustee David A. Mawhinney requested to dismiss our lawsuit using baseless reasons. He did not send us a copy of the motion via email. As a result, we lost 7 critical days to file our response. If we were late to file our response, our cases would be automatically dismissed.
January 7, 2026: Fairway scheduled an auction to sell our home on January 28, 2026 at 10 AM while (1) Our Appeals are pending in District Court (Boston), (2) Appellee Fairway's Reply Brief is missing, (3) Our Financial Plan confirmations are pending, (4) Our Objections to Fairway's fraudulent Proof of Claim are pending, (5) Edward's Objection to SBA's Proof of Claim is pending and (6) Our Appeal in Massachusetts Appellate Division is pending.
January 12, 2026: We asked Judge Elizabeth D. Katz to put on hold the Foreclosure Sale while we resolve all issues with our two Appeals.
January 13, 2026: Judge Elizabeth D. Katz denied our request and allowed Fairway to sell our home & cover-up mortgage fraud.
March 3, 2026: We filed new Chapter 13 Plan where our property is adequately protected. We reimburse Fairway 100% for their Property Tax and Homeowner's Insurance Payments.
March 4, 2026: We resolved all issues in Chapter 13 Trustee David A. Mawhiney's Motion to Dismiss and Objection to our Plans. But Attorney David Mawhinney refused to withdraw his baseless Motion to Dismiss in order to destroy our Chapter 13 Debt Reorganization. Attorney David Mawhinney lied to the court that our plans are "essentially the same." He lied that our plans do not adequately protect Fairway. Attorney David Mawhinney refused to say what we must to do to avoid dismissal of our cases.
Judge Elizabeth D. Katz covered-up mortgage fraud and allowed Fairway to proceed with fraudulent Proof of Claims (no Co-Debtor details) demanding $403,989.30 from each Debtor ($807,978.60 in total). But the actual joint mortgage amount is $403,989.30. Attorney David Mawhinney completely supported Judge Katz and Fairway Attorneys.
We asked Judge Katz why "Debtor 2" and "Joint Loan" have been omitted in Fairway's Proof of Claims. Judge Katz said Fairway Attorneys did everything legal. She added: "Debtor 2 is for Husband and Wife Debtors."
The Proof of Claims documents do not specify "Husband" or "Wife", but only "Debtor 1" and "Debtor 2." The law does not care if Co-Debtors are married, relatives or partners.
Judge Elizabeth D. Katz ordered to continue the hearing to May 6, 2026 when she will decide to dismiss our cases.
We can see the big picture: On May 6, 2026 Attorney David Mawhinney and Fairway Attorneys will ask Judge Katz to dismiss our cases (based on lies) and she will order this. Our Chapter 13 "Debt Reorganization" plans will fail.
From Day One, Attorney David Mawhinney and Judge Elizabeth D. Katz have discriminated against us. They are doing everything possible to help Fairway cover-up mortgage fraud and avoid Jury Trial.