Saturday, May 17, 2014

May 17, 2001 The beginning of my new life

May 17, 2014

This date to me is as significant as my own birthday of August 19, 1949.

My legal complaint evolved from a simple case of a service agent running amok, in servicing all the business clients Wall Street was sending them, as they took high risk loans, bundled them and sold them on the world wide market,, an investment in United States residential mortgage market. What could be safer then that. They sold plenty of these packaged loans.

On  May 17, 2001, roots were planted that would change my life completely and my belief in the United States Justice system.

A month earlier April 24,2001, I had rescinded my home loan under TILA 15 USC 1601, a week later I called Diane Reilly, a customer support rep, for Ocwen. She informed me that they had indeed received it, and told me, ‘You can’t do that, if you could, everyone would do that’  Indeed!,  In the first 35 months of the loan, they had collected $49,824. on the $116,250 loan. No way they wanted to get rid of this loan.

I rescinded the loan, because of a failure of Ameriquest to give me proper disclosures required by federal law, at least that was my legal premiss  The real reason of course, was that in October of 2000, I had wired Ocwen $22, 824 to reinstate my loan. A month later, I discovered that a simple addition error on their reinstatement quote. I had overpaid them almost $4,000 dollars, and all I could get out of them, was that they “would ‘look into it”

The 9th Circuit Court of Appeals is considering my appeal filed on January 5, 2012, which will hopefully end this 11 year legal odyssey created by the greed of Wall Street.

On  May 17, 2001, the loan service agent for Chase Manhattan was the perfidious service agent, Ocwen Federal Bank, or New Co, spelled backwards, violated federal bankruptcy law, by unlawfully issuing a deed to Carol O'Neal, at a foreclosure sale. It was unlawful because my company Residential Fire Sprinklers was protected by a bankruptcy filing. 

Ultimately I lost my business, Residential Fire Sprinklers, and my home of 26 years, and have been complaining ever since.  All I want is an opportunity to state my claim, and produce evidence to back up my charges, and let a judicial authority to apply the law to the provable facts. 

In 2003, when I ran out of money, my two attorneys resigned, so I have been self represented since then. Perhaps that is why the court has dissed my numerous appeals. I am not sure.

The latest issue is the bankruptcy court refusing my right to a trial because it say's it has no jurisdiction, in spite of the fact that the 9th Circuit Bankruptcy Appellant Panel had ruled in 2006, that the court indeed did have jurisdiction. That seven member panel, who the judge in my case is now a member, refused my latest complaint, that is what the 9th Circuit is considering.

I continue by remembering the great phrase of Winston Churchill,

"Success is going from one failure to the next, without loss of enthusiasm"\

Right on, Winston

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