Saturday, March 31, 2012

My reply Letter to Attorney General Kamala Harris

March 27, 2012

Kamala Harris - Attorney General
M. Nelson - Public Inquiry Unit
PIU: 454528
Re: Ocwen Loan Servicing

Since I received your reply dated January 17, 2012, I am feeling a change in my consciousness. You see, for the last nine years, each time I tried to gain a judicial hearing to inspect the banks violation of law, that cost my home of 26 years and the Residential Fire Sprinkler business I ran from that home, the appeals court would rule on the side of the banks and deny my hearing.

Both the facts and the law were on my side. It was crazy.  The judge claimed she lacked jurisdiction to hear my complaint. The appeal process took me to the Supreme Court, three times, and proved to be futile. There would be no hearing for this homeowner.
I lost my home and my business because of serious federal violations of law by the bank, yet could not gain a hearing to prove it. The BAP or bankruptcy appellate panel for the 9th circuit, did, however, reverse this same bankruptcy judge in 2006 when a storage operator violated the same law. 11 USC 362(a) in Ozenne v. Dollar Storage 9th Cir BAP Jan-17-2006.

In my latest attempt to gain a hearing, the bankruptcy court again ruled that they lacked jurisdiction to hear my complaint, which does not comport with published case law in the 9th circuit. In re Nathan Johnson July 7, 2006 9th Cir BAP.

Since I was not notified of the decision by the bankruptcy court claiming “no jurisdiction” until after the 10-day appeal period, I filed a petition for mandamus relief with the BAP. It turns out, however, that the Judge, the honorable Meredith Jury, is now a member of that seven-member panel and so three of the other jurists denied my petition, and now it is at the 9th Circuit Court of Appeals 11-60039. Ozenne v. Chase Manhattan

I understand that a civil litigant must engage his or her own prosecution of law violations that have caused injury. For over nine years, I have fought as best I could, with and without professional representation against this loan service juggernaut, but so far, I have been denied my civil right to due process. I hope, in this latest appeal, to finally be heard.  

You should be aware that the service agent, Ocwen, likely violated laws of a criminal nature, such as:

1.    Ocwen issued a deed to O’Neal on 5-17-2001, and O’Neal recorded that deed on 5-29-2001. When Ocwen conveyed title to O’Neal, they extinguished their power to hold another sale. Vista homes, an experienced real estate buyer, would not have paid the sale price at the July 2002 sale without some private assurance from Ocwen, that the trustee would rescind the O’Neal deed, which they did two days after the eviction trial. This gave Vista clear title to the property. Is this a criminal conspiracy?

2.    At the bottom of each “Proof of Claim” form that are filed by creditors, it acknowledges the criminal penalties for filing a false proof of claim. Since O’Neal was the legal owner from May 29, 2001, when they recorded their deed, until that deed was rescinded and recorded on September 26, 2002, Ocwen had no legal grounds to file these proofs of claim. They did, however, file several proofs of claim in my cases 01-18618 and 02-14014, asserting a full legal position, when they had none.

The details of my legal struggle for the past decade are documented in my Appellants Opening Brief submitted on January 5, 2012 and also on two of my blogs at and my personal blog

For this past decade I have waited patiently for the activities of Ocwen, and other unscrupulous loan service companies to come under inspection by the legal authorities. Forced insurance, and other deceptive tactics, designed to increase fees and keep the owner in default were used on me, in the late 1990's, and became standard tactics in the new century to many homeowners. Later, Ocwen violated bankruptcy law, which in my case led to my inability to refinance my home and only Ocwen could resolve it. Instead, they resold it.

As our country slowly recovers from this financial meltdown, it is important to prosecute those responsible for this orgy of greed that roiled the economy.

Our basic sense of justice is renewed, when after a period of lawlessness, a new sheriff arrives in town. For me personally, fighting my battle against these banksters, I feel like I have been fighting at a remote outpost and reinforcements have finally arrived!  

All my best wishes to you and your dedication to justice.

Gary Ozenne  

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