Monday, February 20, 2017

When does the United States Constitution kick in ?

February 20, 2017

Presidents Day 2017,, in 2003 it was on February 17, 2003, Fourteen years ago when I was unlawfully evicted from my home of 26 years. 

Guess what, the courts could care less,  seemingly considering bank arguments more 'real or lawful, or honest' than mine, yet never looking me to present the facts and the evidence or eye to eye, allow me to show my fury, against the opposition. Didn't want to do anything nutty like shoot them, as in older day's.

Now, we acted more restrained because we rely on law. Weare a nation of laws. 

 how that I could show them the directed fury towards banks that steal homes.   The jurist's, several trial and appeals court to grant me a trial or hearing.  

I thought I had learned in 11th or 12th grade, that our constitution was base law.
Now my case is at the Supreme Court, we will have to wait to see what they decide.  

The question presented is: Does the 9th Circuit Court of appeals, Trump, the constitution of the United States of America?  

We are a nation of law, not of  men or women who must have skipped some day's in High School. 

I love this Paul Newman clip

Friday, February 17, 2017

February 17, 2003 Eviction Day

February 17, 2017

Corona California, fast backwards  14 years ago today, I was unlawfully evicted from my home of 26 years, which caused the loss of my business Residential Fire Sprinklers, operated from my home after leaving my sales job with Microsoft. 

The banks, violated the law by issuing a deed to the O'Neals, while i was in a bankruptcy proceeding with my business, and protected by what is know as the 'automatic stay' 11 USC 362(a), and although they told my lawyer, they would upwind wind everything, they did not. 

Sixteen months later, this errant deed, prevented my approved refinance, but instead of making it right, by rescinding the O'Neal deed, at that late date, Chase Manhattan or Ocwen, could have made this right, by recording such rescission an as the only parties who are allowed to record such a document "Rescission of Trustee's Deed"  

The banks did not resolve this 'mistake' (violation of federal law) and when I filed a lawsuit, the banks ignored it, and did not even acknowledge its existence  for over 4 years, without consequence.  

These greedy banking interests, could have done the right, and moral thing, instead they ignored federal law, and did the profitable thing, they sold it again!  

I feel like saying didn't these jurists of the en banc (full court) go to 11th or 12th-grade studies of our education system , that we learned to live by law, instead of men. 

It was William Gladstone who first charged that "Justice Delayed is Justice Denied" 

Now after 15 years of simply trying to get an open hearing, or trial, something a speeding motorist, can easily get.  The banks literally steal my home, and the courts, at least in the 9th circuit, refuse to give me an open hearing for 15 years now, to learn the true facts.  

Why are  they protecting the banking interests, why don't I get my day in court, if Chase/Ocwen have a defense, I am sure the banks attorney's could make short work of me.  

Thursday, February 9, 2017

Letter to President Trump

February 9, 2017 

President Trump, 

For over 15 years the 9th circuit court of appeals have refused to give me a trial or hearing, to show how unlawful actions the banks committed, cost my home of 26 years. and my home based business, Residential Fire Sprinklers, operated since resigning from Microsoft in 1991 -dumb move-  

In March 2016 The split decision by the three member court, ruled an intermiedate court was did not have power to consider or  issue an order for a trial followed  by en banc court court rehearing proved that they ignored that constitutional law. by refusing to  give me a trial or hearing to determine the facts. These leaned justice 'professionals' did not follow the United states constitution, taught in High School in 11th or 12th grades.

The 3 member split panel, and the rehearing panel of all judges, agreed with lower court, but reinforced the idea that I was the bad guy.   Without examination, just determined my motives, had not remember the Constitution  decided that the victim became the villain, yet still refusing to give me a hearing, they have served as cover cover for the corporate interests of the banks, by keeping me out of court, the lawyers decided upon a strategy of attrition. I am cellular, they have longer corporate lives. 

My appeal to Supreme Court should arrive in Washington D.C tomorrow, Friday the 10th of February. by federal express. I am not a lawyer, so It's not that great, so I am asking you to issue an executive order, giving me a trial the 9th Circuit jurists have denied me since 2001. 

The constitution guarantees a fair and open trial, to determine facts, and apply the law.   I have been denied this basic constitutional law, not to mention the blind eye, about bankruptcy law 11 USC 362(a) 

President Trump, end this nightmare , and issue an executive order , ordering  a trial for me.

Gary Ozenne

Tuesday, February 7, 2017

February 7, 2017 Supreme Court Appeal

February 7, 2017

So here we are, I filed my appeal to the Supreme Court today. Hopefully, they will review it. with a mind toward the law of the land, and of the Constitution of the United States of "helvetica" , sans-serif;">America. And pray for Justice. 

Thursday, February 2, 2017

President Trump re: Arnold Schwarenegger


I must say something about a true patriot of our country.

When my home of 26 years was unlawfully taken from me and i started this 15 year Odessy, which any American with three fingers of forehead could decide in 30 mins, Judge Judy could do it in less than 15 mins.  could understand it. But not me. I am going to the United States Supreme Court on Tuesday, February 7, 2017.  

But in all these years I have written to scores of politicians with a reply usually a form response, or none at all. I mailed a letter to Gov. Arnold and didn't hear back thinking as the new Governor, he may want to go slow in his new position. A few months laterI suddenly I got letters from the comptroller of the currency, or a similar big shot, who, in their response to me included integrating Owens reply to their response the citizen responded with their four-page response, Ocwen simply lied, we would need a trial to prove it. 

I am not a fan of Arnolds movies,, but playing his part as Governor of the state of California,  he took the time to help one lone citizen.  The only politician that has helped me. I won't have you disparage, a strong effective leader.  Let's see how your role as President works out in the ratings game.   

Monday, January 23, 2017

January 22, 2017 a 17 year old date of injustice

January 23, 2017 

This story is about a guy, who got screwed by the banks, like millions of other Americans who were challenged by this wave of greed by the banksters.  

In October of 2000, I wired the loan service agent, Ocwen Federal Bank F.S.B in Fort Lee New Jersey $22,823.66 to fully reinstate my loan; charges, and fees.  When I double checked the fax quote I discovered an addition error of $3,843.55. In my favor. I called Ocwen to see how we would make good on my overpayment. I was told, that they would 'look into it'.  

On January 22, 2001, Ocwen changed the loan's trustee, to Dreyfus, Ryan, and Weifenbach, who were also Chase / Ocwen's attorneys in bankrupt court, recorded with the Riverside County recorder a  'Notice of default' claiming I was in default $10,539.24. Crazy!  Pleads for a 'supervisor' led to more runarounds, it appeared that they were not going to make it right. 

I read a legal article about 15 USC 1640, which allowed, under certain circumstances,  to rescind the loan up to 3 years, call the loan off, everybody returns all monies returned by both parties, My timely rescission letter was ignored by Ocwen, so in a last ditch effort (Attorney still in Europe) I filed minimum bankruptcy petitions to file a case, believing this, certainly, would stop this mindless unrelenting behemoth from selling my home of 26 years. I was wrong. They issued a trustee's deed to Carol and Stephen O'Neal, which the O'Neals promptly recorded the deed with the county recorder on May 29, 2001

My attorney returned in early June, I informed attorney Clay Presley, about what was happening, he made some phone calls and everything seemed back to normal. 

In May 2001, the banks were succesful in getting my case dismissed, with predudice. I was quickly approved for a new loan, but the new lender, Indy Mac, could not close the loan because title at a final search revealed that Carol and Stephen O'Neal since May 29, 2001. 12 days after I had filed for bankruptcy protection.  When I informed the court, with a motion for sanctions, the court replied that since the case had been dismissed, the court lacked jurisdiction.  

When the storage operator, which contained all of my assets personal and business assets, violated the law 11 USC 362 ignored court orders and sold everything, family pictures video's and a marvelous quilt, my grandmother Esther Jensen made for me, Again I petioned the bankrptcy court of Meredith Jury for sanctions, but was denied because property law was 'unclear' about situations like this, she ruled; motion denied. I filed an appeal to the BAP, Bankruptcy Appellate Panel, and on January 17, 2000, the BAP reversed the bankrutcy court and ordered sanctions for this violation of law. 

Meanwhile the case about my house was waiting for the latest descision in my house case.

I gained a hearing date, about my case, for the first time ever I did not recieve notice that the case had been dismissed on January 27, 2011, a date I wont forget, my close friend, since 17, Gregory Vusovich, had passed in Oklahoma.

Since it was past the time to appeal, I rightfully, in my opinion, petitioned  for a writ of mandamus, which orders an inferior court to enforce the law. The petiton, was denied in three weeks, by this Bankrupcy Appelate Panel which ruled in my favor in 2006. Now, however the honorable Meredith Jury was a senior member of this seven judge panel BAP panel

When I filed an appeal to the 9th Circuit, in 2011, I submitted my 'Informal Opening Brief' on January 5th 2012. The banks were to file a resonse by February 6, 2012. The banks filed nothing, then in October the court again to file their response within 14 days, or they may not be able to argue in oral aruments.  Chase/Ocwen, ignored this order for 3 more years,then waking up, without conscuence, the Banksters filed a response which ended in Ozenne v Chase / Ocwen 11-60039.  Which was published and therefore 9th circuit law. It was a split decision which, in my opinion, is like changing the rules, mid game.

Then, the 9th Circuit ordered both sides, unrequested, to file reasons to grant a rehearing en banc,  which is a one in one thousand chance of success according to 9th circuit  for self represented litigants, the full court, considered my case, and 11 members, including cheif justice Sidney Thomas, who with former chief justice Alex Kozinski, who had both ruled against me in prior appeals, side stepped the jurisdiction issue, and ruled that it was me, who was wrong 

So now January 23, 2017, the beat goes on