Tuesday, July 31, 2012

Ten Years ago Today July 31, 2012

July 31, 2012

It was ten years ago today I arrived at the corner of Buena Vista and 6th St at the Corona Civic Center.

Today, was my nephew, Judge Rodgers, daughter Amber’s, birthday, it was also the day Ocwen Federal Bank, as the service agent for Chase Manhattan was going to auction off to the highest bidder, my home of 26 years, which lay South, less than a mile to Crestview, then left three houses to 861 W. Crestview..

The home had become my stake in America. All I had read about property rights was in this 4 bedroom ranch style home in Corona California, that Carol, Scott and I moved into on Memorial Day 1976. I worked 30 miles West, for Sperry-Univac, as a systems analyst, and Carol worked with her friend, Thurza Rodgers, at NDC, a data processing service company in Orange County. They drove the 91 to 55 freeways to Sky Park Circle, daily.

Now, 26 years and a friendly divorce later, my path took me into the web of the predatory lender and service agents who had subtly invaded the mortgage refinance business. Ocwen was the service agent for Lehman Brothers when they owned my loan, and later Chase Manhattan bought  the paper.

Schemes designed to incur fees and extra charges turned these “service agents” into a sausage factory, where ethics and fair dealings was not as important as more fees and greasing the skids of foreclosure.

Now, one decade later, I have still not gotten into court, to have my charges of violations of law by the service agent, Ocwen which caused the loss of my home of twenty six years, and shortly after, the loss of my business, Residential Fire Sprinklers. 

For the last 10 years, the judge, the honorable Meredith Jury, has ruled that she does not have jurisdiction to hear my charges that Ocwen violated bankruptcy law. The appeals process has taken me to the Supreme Court, three times, and still no judicial hearing. My appeal now is to the 9th Cir Court of Appeals asking that court to enforce the lower court, the Bankruptcy Appellate Panel or BAP, to enforce its own precedential law, which states that I must be given a hearing. This is the thrust of this, my latest appeal to the Ninth Circuit, Ozenne v. Chase Manhattan et al, 11-60039.   

I never would have believed that this string of cascading failures in the home loan business, and for me, the resistance of one judge to grant me my day in court could take over a decade before my constitutional rights to redress are obeyed.

Some sort of good old boy, or other influence likely is at play when I consider that over 25 sets of judicial eyes have presumably read my complaint, and yet have failed to act. Seemingly going along to get along, with their fellow jurists. None, of course explained where my facts, or the law failed.

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