Friday, May 17, 2013

Twelve Years Ago Today May 17, 2001

   The legal adventure begins

My life took an inexplicable change on this date in 2001.  

The struggle began that day when my loan service agent, violated federal bankruptcy law, and sold my home of 26 years to a third party. The sloppy service agent Ocwen,  handled all the interaction between the borrower and the bank, Chase Manhattan, who actually owed the deed. 

In early March of 2003, the United States Bankruptcy Court, in a surprising reversal of position, concluded that it 'lacked jurisdiction' to hear this obvious violation of law. 

Over the next twelve years I have appealed through to the US Supreme Court, three times. 

I have still not obtained a court hearing or trial,  with the opportunity to present my evidence of the facts, and let the court apply the law to these law breaking bankers and their service agents. 

Since this began twelve years ago, the judge, the honorable Meredith Jury, is now in addition to being a  bankruptcy judge is also one of the seven member of Bankruptcy Appeals Panel, or BAP,  and although she did not rule on my latest appeal to the BAP which requested a hearing, and was refused by three other members of the seven member panel. 

In my favor, binding precedent law created by the same BAP, in 2006, orders that the court does not have discretion to refuse to hear these types of violations of law.  

 I appealed, of course, and now it's at the 9th Circuit Court of Appeals. Ozenne v. Chase Manhattan   11-60039

On January 5th 2012 I submitted my Appellants Opening Brief to the panel in San Francisco. 

My story and the next decade of mortgage lending described in Mike Hudson's 2010 book  actually began when I took a loan from Ameriquest in April of 1998.  It was one of the first 'bundled' loans, Mine was first sold to Lehman Brothers, and later Chase Manhattan. The service agent,Ocwen, was as crooked as a dog's leg, without oversight from the owners of the paper. Servicing abuses were common. Ocwen, was the service agent for both banks.  My loan  became a 'basic unit' of  the changes taking place in how the basic mortgage of American households were held, and ultimately led to the crash of 2008. Overnight, traditional bank mortgages, were sold to Wall Street, which sold them on the world wide market  as safe investments, based upon United States residential mortgages. 

I am hoping for a decision soon 

Gary Ozenne 

No comments:

Post a Comment