Arnold Schwarzenegger - A Tribute to an Exemplary Politician !

After the recent weeks of drama in Washington, our representatives have accomplished nothing. Other than postponing this nonsense for a few more  months. We should fire them all on the simple premiss that they are not doing their job!

Arnold Schwarzenegger was on Kelli and Michael (ABC) this morning promoting his new movie with Sly Stallone. He recounted how he was elected governor in 2003, and began his term as a political novice as the highest elected official in California. 

 I recall him now, for the assistance he gave me during my 2004 struggle against the banks .  Who stole my home of 26 years and destroyed my business Residential Fire Sprinklers operated from that home. 

During my Chapter 13 bankruptcy reorganization case filed in 2001, the bank unlawfully sold my home to a third party, but failed to inform the bankruptcy court. The bank told my attorney they had rescinded that illegal sale, but, in fact, they had not. 

Sixteen months later the bank convinced the court that I was in 'bad faith' and my case should be dismissed. The court agreed and dismissed my case. 

 Indy Mac,Bank, who offered me a loan after they made an  appraisal , but could not close my loan application because title was vested to Carol O'Neal,  the party the bank sold to earlier, they could not close the loan until this was resolved. 

Ocwen, the loan service agent, instead of resolving this huge bankruptcy violation, instead decided to sell  it again! Which they did, in July 2002, and had me evicted from my home of 26 years.  

I took a new appreciation of the law and studied it nightly. I studied enough law on the internet to learn that this was a huge violation of bankruptcy law.   I knew, growing up in the United States, that  the law was supreme, the law would protect me. It was all spelled out, there in The United States Code;  11 USC 362. We are a nation of laws, not men, or women. 

My problem became the judge. The honorable judge Meredith Jury decided that  she had 'no jurisdiction'  to hear my complaint since dismissing my bankruptcy case.  

This had led to a decade of appeals to gain my day in court. 

Mr. Arnold Schwarzenegger is  the one politician, in over twelve years, who gave my complaint a voice. I described my situation to him in a fax sent to each of his offices in the state in the spring of 2004. By summer I got back a a letter, from the Comptroller of Currency for the United States, who took it serious enough to apparent demand a response from Ocwen who simply lied in their 4 page response to the Comptroller of the Currency.  

Obviously a court hearing to determine the facts seemed appropriate. That's how we roll in America.  The judge however did not want to see my face again, each time I motioned for a trial, she denied it based on her lack of jurisdiction. Today, my latest appeal is at the 9th Circuit Court of Appeals,   Ozenne v. Chase Manhattan and others  11-60039. which relied on a published decision in 2006, ruling the bankruptcy court, indeed had jurisdictional power in cases like mine. Makes sense, who should have jurisdiction ?

When the BAP or Bankruptcy Appellate Panel (of which Judge Jury is now a senior member) denied my request to gain a hearing in May 2011, I appealed to the 9th Circuit Court of Appeals in January of 2012.  I am now patiently waiting for their decision. 


My purpose of writing this post was to give a shout out to Governor Schwarzenegger  for in spite of his domestic failures,  reminds  me of how public service is supposed to work. Most agencies, and Congressional members that  I wrote to would reply with a polite canned response. The Governor of California heard my pain, and did what he could.

Thank You, and God Bless You Governor Schwarzenegger. ! 




Gary Ozenne
Corona, CA