Thursday, January 19, 2012

A Letter to Three Chief Executives - May 17, 2009

This letter was mailed to these three recipients on:

May 17, 2009

President Barack Obama
Washington DC

Governor Arnold Schwarzenegger
Sacramento, CA

Mr. Jamie Dimon – Chase Manhattan
New York City, NY

Chief Executives:

Eight years ago today, May 17, 2001, Chase Manhattan, as the owner of the note on my home,  violated federal bankruptcy law by issuing a trustees deed, to the O’Neal’s. This violation of law ended with the eviction from my home of 26 years, and the loss of my home based fire sprinkler business, which I had operated for 11 years, since leaving Microsoft at age 42 in 1991.

It also spawned eight years of litigation, as I have attempted to enforce my rights under the law in 11 USC 362(k), to obtain a hearing and make my case, and produce my evidence.

Chase has successfully prevented that from happening. Over the years various issues were raised, designed to keep the focus off of their obvious violations of law. It has been a successful strategy of attrition to deny me these civil and statutory rights to a hearing as described by the law. Today, May 17, 2009, marks eight years without judicial scrutiny of these violations.

Attorneys for Chase have scored a perfect winning record for their client. If the bank’s strategy is one of delay, it has been a successful campaign.

This violation of federal law, which affected me so profoundly was not discovered, during the bankruptcy proceedings, but became obvious when I attempted to refinance the loan after bankruptcy, had concluded, in the summer of 2002. Since then, Chase attorneys have kept these issues from the judicial focus of the law. What likely started as an administrative oversight has become an ongoing cover up.  

Wikipedia describes a cover up as follows

cover-up is an attempt, whether successful or not, to conceal evidence of wrong-doing, error, incompetence or other embarrassing information. The expression is usually applied to people in authority who abuse their power to avoid or silence criticism. Those who cover up may be those responsible for a misdeed or their allies, or simply people with an interest in silencing criticism.

Chase misled the original bankruptcy court regarding TILA rescissions. Since I had repaid over 42% of the amount loaned, in the first 35 months of the loan, the bank would have to accept the difference of 58%, or about $67,000 to satisfy the entire $116,250 dollar loan. The bank objected vigorously and it appeared to the court as unfair to Chase. Chase also questioned my intentions trying to reorganize my business. “It should be dismissed”, they argued. The court agreed and in 2002 dismissed my case with prejudice.  

Months later I was unable to refinance my home because the stay violating O’Neal deed still had not been rescinded. Since then it was been an arduous battle about the violation of law, and the resultant cover up.

Although the facts and the law are both on my side, that has proven to be of little consequence, for these spin masters and their Wall Street clients with coffers sufficient to support this long battle of attrition. This attitude of “win” at any cost must end.

So now, eight years later, I am asking my duly elected officials of the executive branch of our government, who enforces the law, to assist me in enforcing my rights under the law, or in the alternative, for Jamie Dimon, Chief Executive for Chase Manhattan, to instruct the banks attorney’s to allow my lawful hearing under 11 USC 362, and allow the court to determine the facts, and allow each side to make their judicial argument.  

Let’s decide to resolve this quickly and fairly, and move on, to pursue more productive challenges. I understand, Jamie, that you were not associated with the bank when most of these events took place, however, when financial bullies emerge, it’s up to each of us, to fight them down as best as we are able. Values of integrity and honesty must prevail over the financially expedient greed that took over the mortgage business for a period of time.

I came to the bankruptcy process with simple goals; I wanted my business to survive. I did everything I could, towards that goal. I went through all my assets and was down to the law, and depended on my creditors to obey it. The loan service agents, Ocwen, made many blunders and snafus in my case. The full story of how these loan service agents operated is yet to be told.  

Ignoring an otherwise timely rescission, this loan service agent, Ocwen, did not challenge the rescission when they received it, they ignored it, but later, in the final bankruptcy proceedings convinced the court this rescission was some sort of ruse, and that I was in “bad faith”. Later, the state court ruled my TILA rescission was defective, since it was sent to Ocwen – the only entity the borrower communicates with - and not to Chase or even the now, long gone, Ameriquest. Ocwen had no legal responsibility, even apparently to notify Chase, the beneficiary.

Good luck to our new President, and a special thanks to Governor Schwarzenegger, for becoming involved in my case, getting action in 2004, and proving that he cares about the individual citizens of California.  Good luck, Governor, in all your future plans.

Wishing you all a reverent and enjoyable Memorial Day, celebrating the lives and memory of those who have defended our country and what this case is all about; the rule of law.

God Bless America.

Gary L. Ozenne

Petition for Writ of Mandamus 09-70558

Appeal in USCA  08-56569

Contact Information


7351 Piute Creek Dr.
Corona, CA 92881

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