Friday, September 13, 2013

My Letter to David Boeis -- 12-12-12

Note: Davids son replied within 24 hours, alerting me that he could not help me. This was good. Most lawyers simply ignored me. 

Letter to David Boies December 12, 2012

December 12, 2012

Mr. David Boies
Boies, Schiller & Flexner LLP

Dear David:

I am wondering if you can help me.

Near the end of the movie “The Majestic” the lawyer tells the protaginist, Jim Carey, “Congratulations Pete, you got your life back”. The setting was the early fifties and Hollywood was caught up in the hysterical communist scare. My problems are with the greedy bankers who have violated the law and I am hoping  for such a Hollywood ending in my case. I have broken no law but have lost everything. The banks have acted unlawfully with impunity.

Since 2003  I have been in a struggle with Wall Street bankers and their service agent.

The issue is not complex, but simply did the bank violate the law when it sold my property and issued a deed, while I was protected by a bankruptcy stay.

The players include myself, a sixty-three year old Southern California native, former flight instructor, former computer programmer, former licensed California fire protection contractor and currently an on-call disaster housing inspector for a FEMA subcontractor.

Chase Manhattan who owned the underlying security paper.  Ocwen Federal Bank FSB, the loan service agent for Chase Manhattan. Dreyfuss,Ryan & Weifenbach, the loans trustee, and for a time, the lawfirm representing Chase Manhattan and Ocwen.

Federal Bankruptcy judge, the honorable Meredith Jury, who has ruled shes had no jurisdiction to hear my complaint during the decade of appeals.. Chief justice Alex Kozinski, who in the prior appeal dismissed the appeal before briefing. The bankruptcy appellate panel or BAP for the 9th circuit court of appeals who although it had reversed Judge Jury in 2006, denied relief after Judge Jury became one of the seven member panelists of that appeals court.

The facts are undeniable and easily provable. The law is clear.

From Lehman Brothers, who first owned the paper originated by Ameriquest, to Chase Manhattan, who bought the paper, to perfidious Ocwen, who serviced the note, and all the attorneys for the banks who acted in what the 2012 book 'That Used To Be Us'  describes as situationally, rather than a sustainable  behavior. Winning was everything, even at the expense of trampling the adversaries constitutional rights.

For the past decade I have fought for my day in court to have my grievance heard. This included two complete trips to the Supreme Court, a published BAP reversal of the same judge, who is now a member of that same 7 member panel. This judge, the honorable Meredith Jury, has ruled she lacks jurisdiction to hear my complaint against the banks.  Her attitude toward me changed 180 degrees from the February 24, 2003 hearing about the violations and 10 days later at the  March 6, 2003 continued hearing. I have not filed a new complaint in the district court for fear of violating some unknown doctrine about filing a complaint while an appeal is being considered.

I need a respected legal powerhouse to get the courts and the banks attention and take my case seriously. The facts in my case are undeniable and the law is certain, and  scores of legal eyes have seen various pleadings of the same facts over the years, yet no hearing ! I have filed my latest appeal in 2011 case 11-60039. If you took over my case  I feel certain that the courts would finally obey the law and this would make it  possible to gain a significant award for punitive damages which would teach these banks a needed lesson in lawful and scrupulous behavior.

David, I am outraged that I cannot gain a hearing on the obvious and undeniable violation of law, committed by the banks in their recent orgy of greed. Any assistance you can offer would be greatly appreciated. I don’t want them to get away with this violation of law perpetrated years before the real estate bubble.

The latest rendition of the facts can as well as the transcripts from the last two hearings are on pacer or my informal opening brief.

Thanks for your consideration,

Gary Ozenne

1 comment:

  1. With no reply from Mr Boies it must mean he doesn't give a s---. Maybe if he would lose his home unfairly that would get his attention !
    You lost your home and no reply, What a jurk