Thursday, February 26, 2015

An Open Letter to the American Media, or how crooked Ocwen stole my home ! and I cannot be heard !


Attention American Press and Media




Twelve years ago, unlawful actions by Ocwen, the loan service agent for my home loan owned by Chase Manhattan, caused me to lose my home of 26 years, and my home based business, Residential Fire Sprinklers, I had started and operated after leaving the computer and software business in 1991.  


In 2001 while I was protected by a bankruptcy stay Ocwen unlawfully sold my home to O'Neal at an auction, O'Neal, recorded the unlawful deed with the Riverside County recorder. Ocwen never  revealed to my attorney or the court, that they had failed to rescind the unlawful deed, which, by state law, only Chase or Ocwen was permitted to record a rescission of a trustees deed. When my new approved loan went to closing, it was discovered that title was vested to O'Neal and the bank could not close the loan with this defective title which was still vested to O’Neal and had been since May 29, 2001 when O'Neal recorded the deed at the county recorders office.


Instead of rescinding the unlawful O'Neal deed so that I could close my new approved loan, Ocwen held another sale and issued another deed, while title still vested to O'Neal.


The new buyer, a real estate investor, Vista Homes recorded this new trustees deed with the county recorder in August 2002, and started a state action eviction lawsuit held on September 24, 2002 where Vista prevailed and started eviction proceedings.


For over 16 months, Ocwen had told no one about the presumably rescinded O'Neal deed, yet within 48 hours of winning the eviction lawsuit,  Ocwen recorded a rescission of the unlawfully issued 2001  O'Neal deed, that had prevented my approved loan, but now gave a clean title to Vista homes, to flip the house, which is exactly what they did.    


In twelve years I have have fought for a trial or hearing in which I can make my charges, produce evidence, and have the court apply the law.


The bankruptcy court has ruled it 'lacked jurisdiction'  yet  precedent law in the 9th Circuit has ruled that it indeed does have jurisdiction to hear violations of the automatic stay, 11 USC 362(a), after the case is closed!


The most concise telling of my story is in my Informal Appellants Opening Brief. submitted January 5, 2011.


I notified the bankruptcy court in November of 2002, but the court denied my request for a hearing, but then,  seven days after my President's Day eviction, The court ordered  a hearing for  February 24, 2003, the court and Judge Jury, finally seemed to understand the facts in my case , and articulated, quite clearly, the violations of bankruptcy law, See Page 59 Line 15.


Judge Jury continued the hearing for 10 days, to March 6, 2003, and then, like stepping into the twilight zone, the court inexplicably changed attitude and demeanor, 180 degrees!  We went to court believing the subject would be the violation of law committed by Ocwen. Attorney Bruno, along with my nephew and myself, were unprepared for what came next. The violation of the law, and the basis of my complaint were put aside, and not even mentioned, and suddenly I was a pariah, and should be booted. undeserving of justice.  Arguing passionately to dismiss my case was  the former attorney for Chase and Ocwen (when the wrongdoing was committed) and was also the loans trustee, Diane Weifenbach, tried to convince the court to prevent me from ever bringing up this issue again. (see transcripts  page 84 line 15.   The court dismissed my case with prejudice. Later, when I returned to this court for relief, the bankruptcy court held that after the case was dismissed, the court lacked jurisdiction to hear my complaint.


.This began a twelve year cycle of appeals, including two trips to the United States Supreme court, just to get a hearing !  


Yet here I am, twelve years after I was robbed, and due to issues of jurisdiction, I cannot get into court to tell my story.


Meanwhile, the two banks have enjoyed the fruits of their deceitful and unlawful actions, with absolutely no consequences! By staying out of court, the banks have won, while the unexamined violations of law, has given my life, a full on reset, on my plans for my senior years, I have been fighting for a hearing since I was 52 years old.

In 2008, shortly after returning from a FEMA deployment, I was contacted by New York author, Mike W. Hudson, (who,coincidentally was the same  LA Times reporter that i had quoted from a news story (about lending) three years earlier in my first Supreme Court petition   he had come across my case through court records, and interviewed me about my experiences, in residential borrowing in 1998. He was kind enough to profile my experiences with Ameriquest, and their deceitful practices.  in his critically acclaimed book;  “The Monster - How a Gang of Predatory Lenders and Wall Street Bankers Fleeced America - and Spawned  a Global Crisis”.  Mike had, with great precision, perfectly described my situation with Ameriquest in the  late 1990’s. The book made the complex real estate lending industry, very understandable to the lay person. A clip from the book was published on the web in December of 2010.
.This began a twelve year cycle of appeals, including two trips to the United States Supreme court, just to get a hearing !  

Yet here I am, twelve years after I was robbed, and due to issues of jurisdiction, I cannot exercise my due process right to a hearing to get into court and tell my story. 

Meanwhile, the two banks have enjoyed the fruits of their deceitful and unlawful actions, with absolutely no consequences! By staying out of court, the banks have won, while the unexamined violations of law, has given my life, a full on reset, on my plans for my senior years, I have been fighting for a hearing since I was 52 years old. At this rate, these corporate entities, can use a strategy of attrition with this cellular based, patriot citizen

This letter is to inform you about this citizens treatment under the law, and to ask you to follow my case to its conclusion. It is already long overdue, 44 months from Notice of Appeal, twice the time indicated on the Courts FAQ. and if once, again I am denied a courtroom opportunity to prove my case, then my story leaves the realm of 'the bank stole my home' to a broader question of 'why won't the appeals courts, grant me a hearing' ? Which I think is quite news worthy, and I believe, would have a wide base of interest from the homeowning public.

Please call or email me if you have any questions

Thanks for your interest,




Gary Ozenne


firesprinklers@gmail.com
951-496-7525
www.garyo.info
www.firesprinklers.us

Wednesday, February 25, 2015

Lawsuit challenges Illinois process for medical marijuana licensing

from chicagotribune


Illinois didn't follow its own requirements in deciding medical marijuana licenses, lawsuit claims.
A new lawsuit challenges medical marijuana licensing in Illinois, claiming that the state failed to follow its own requirements for deciding who would get to grow and sell the drug.
In response, Gov. Bruce Rauner's administration agreed that the evaluation process started by former Gov. Pat Quinn's office was flawed, and pledged to cooperate with any court review of the program.
"We understood and acknowledged that the process the Quinn administration applied would likely expose the State to significant and costly litigation," Rauner's office stated in an email. "We believe the steps we took to fix the errors in the Quinn selection process reduce, but cannot entirely eliminate, the risk of litigation.
"We will fully participate in any judicial review of the selection process and comply with any orders issued by a court as it relates to this particular applicant or any other applicant that seeks a judicial review," the statement said.
The suit, filed by PM Rx LLC of Chicago, seeks a court order to prevent the state from issuing a final cultivation center license to competitor Cresco Labs LLC, to require the state to rescore the applications for court approval or to declare PM Rx the high scorer in District 21 in Kankakee.
The suit was filed Tuesday in Cook County and names the defendant as Philip Nelson, acting director of the state Department of Agriculture, which oversees the licensing of marijuana grow centers.
On Feb. 2, the Rauner administration named Cresco Labs as the winner of three of 21 cultivation center licenses statewide. Since then, Cresco has been seeking up to $30 million from investors, according to documents filed with the suit, even though all investors were to be identified ahead of time as part of each application.
The suit claims that Cresco scored lower than PM Rx but ended up with a higher score after a Cresco representative met with Quinn, despite a ban on regulators meeting with applicants during the selection process.
A spokesman for the former governor released a statement that said Quinn "did not have any meetings with any medical marijuana applicants to discuss their licensing applications.
"Furthermore, Governor Quinn had no involvement in the scoring and evaluation of applicants," spokesman Bill Morgan said, adding that state agencies handled the process. "Governor Quinn did not know the names or scores of any license applicants at any time."
In a statement, the company said: "We are not going to comment on the efforts of a company that is attempting to achieve in court what it failed to do with the State. Cresco Labs submitted comprehensive and thorough applications exceeding all of the State's very stringent requirements, and we stand behind our applications."
The suit cites a prior statement from Rauner's office identifying four problem areas with the evaluation process by Quinn's administration, which included "arbitrary scoring 'cut-offs' that ... effectively eliminated certain applicants."
Cresco did not address whether the Quinn meeting took place.
PM Rx claims in the suit that it spent at least $1 million to prepare its application, had secured a commitment letter from an investor for $10 million for the project and had $500,000 in liquid assets as required.
Cresco Labs President Joe Caltabiano said Wednesday that his firm met the state deadline for securing $2 million in bonds and paying $200,000 in permit fees for each of three licenses it won for cultivation centers in Kankakee, Joliet and just outside downstate Lincoln.
He said Cresco raised $4 million in equity last fall, as reflected in federal financial filings, and planned to begin building its facilities within a month and be operating within six months as required by the state.
Cresco was seeking additional investors as a commonly accepted business tactic to spread the investment risk, Caltabiano said, adding that any new investors would have to go through the same criminal background check as initial investors.
Earlier this month, another cultivation center license seeker, Shiloh Agronomics LLC, filed what was believed to be the first lawsuit over the licensing process. It claimed that Shelby County Community Services should not have gotten the license to grow pot near Champaign, because it is a not-for-profit entity that pledges not to violate federal law.
A state law took effect last year to make growing and selling marijuana legal for patients with any of about three dozen specified medical conditions, though the drug remains illegal under federal law. No medical cannabis is expected to be available in Illinois until summer because of delays in implementing the program.
Twitter @RobertMcCoppin
Copyright © 2015, Chicago Tribune



Tuesday, February 24, 2015

February 24, 2003 12 years ago




What Day Of The Week Was February 24, 2003?
February 24, 2003: Day Of The Week

February 24, 2003 is the 55th day of the year 2003 in the Gregorian calendar. There are 310 days remaining until the end of this year. The day of the week is Monday.

If you are trying to learn Spanish then this day of the week in Spanish is lunes.
A person born on this day will be 12 years old today. If that same person saved a dollar every day starting at age 3, then by now that person has accumulated $3,287.00 today. (Assuming this person is still alive and kicking)

Pisces is the zodiac sign of a person born on this day. Amethyst is the modern birthstone for this month. Bloodstone is the mystical birthstone from Tibetan origin that dates back over a thousand years.

Sheep is the mythical animal and Water is the element for a person born on this day if we consider the very old art of Chinese astrology (or Chinese zodiac).
Source: What Day Of The Week

Thanks to dayoftheweek.org





February 24, 2015, recounting unresolved events of 12 years ago. 

We had only been at the Corona Best Western, for a day or two, after the eviction, before we moved to the Dynasty Inn, at the West end of Sixth St.  

For months now, I had tried to reopen my case to inform  the court, of the misdeeds of Ocwen. (Now, in 2015,  the subject of several federal investigations.) And now, just day's after the eviction the court called a hearing on my motion.  Since my previous November 21, 2002, pleading was denied, this would be the first time I had  seen the jurist  since her denial of attorney Clay Presley's June 5th 2002,  argument in court, that we lost. 

Now, no longer represented by professional  legal representation, my nephew, Judge Rodgers, and I searched and studied the internet relentlessly, about the pertinent laws involved. At least enough to get through the next hearing. 

I believed at that time, the errors made in my case, were caused by an overworked Judge Jury. We had looked up the caseload in the Riverside Bankruptcy Court, and found that Judge Jury, had the disproportionate heavier case load, by far, and she had not given enough attention to my case.  Several pleadings to the court to reopen or set aside the dismissal, were answered quickly by the court , and now we had scored a hearing. Monday February 24, 2003.  We were stoked. It was exactly one week since the eviction on Feb 17, 2002.

The Friday before my nephew gave Diane Weifenbach, (attorney, trustee) telephonic notice not realizing that Chase and Ocwen had new legal representation, a new law firm, Houser and Allison, based out of Irvine.  

We entered the court, fairly confident that this time the Judge would 'get it'  

The Hearing February 24th 2003 

Finally, the court  "got it"  as she articulated in the transcript Page 59 line 15. 

We still had to wait 10 days before a trial could be scheduled, so back to the Dynasty Inn for another ten days.  But also another 10 days to study and learn the law about automatic stay violations.    

The next hearing was scheduled for March 6, 2003

When I informed attorney Bruno, he indicated that he would make the long drive up from Escondido. We were set       Or so we thought!



NPR Story on Ocwen  









Sunday, February 22, 2015

The Blockchain: Evolution of the Corporate Nucleus

from cointelegraph.com

by Guest Author @ 2015-02-22 02:13 PM


Are corporations reliant upon humans to survive? Over the course of the last 100 years, the answer has been increasingly no. Corporations are continuously shuffling capital inside their organizations, as we have seen, but more and more of it is being devoted to automation and computing power.
They do so because their survival is heavily dependent upon the labour output of its employees and the value created for customers — both of which roles are now being filled by machines with the introduction of bitcoin technology.
The bitcoin payment system represents a first of its kind economic model – a decentralized, autonomous corporation. This type of corporate model is fundamentally different in its makeup because — among other things — it is capable of functioning completely devoid of human intervention and holds the potential to be owned by no single entity.

Machines Are the New Employees

In the information age, machines are the employees rather than as humans were in the industrial age. The role of the employee, and the producer of labour, is solely as a machine. In terms of the bitcoin mining function, the product of labour would be the hashing power necessary to verify blocks of transactions. For this function, the network pays each node (employee) who contributes, a 25 BTC compensation roughly every 10 minutes.
When we come to understand this shift in the very makeup of the corporation, we see that the core of its very function has undergone a significant alteration. The blockchain network concept is such an altering framework for conducting business, that it shakes the very foundations of what we believe to be a legitimate corporation. Truly, the blockchain network concept represents a major milestone in technology innovation.
I don’t claim to have a perfect conceptualization of the corporation, but I do believe this illustrates a crucial point: that the nucleus of the corporation has evolved beyond human function.
Employees are now considered machines in the information age rather than humans in the industrial era. Customers are humans now, but soon to be machines as well with the implementation of self-executing contracts. A stakeholder describes any party which is affected by the operations of the corporation. This can vary widely as anything from nature to someone financially invested could be considered a stakeholder.
As some have already discussed, bitcoin is an early prototype of a decentralized autonomous corporation, one where owners of bitcoin can be seen as shareholders and miners the employees. The parties which actually use the payment system and spend money through it are the customers. Bitcoin requires no human intervention to operate as it is designed to, but it does not have any purpose until some party comes along, fires it up, and puts it to use. Because miners do not have the capability to conduct transactions automatically, they cannot be described as the customers of the bitcoin electronic payment system. However, smart contracts, which promise to enable this idea of automatic transactions, are already in development and will have game-changing implications.

Smart Contracts Have No Need for You

Smart contracts between machines will facilitate increasingly complex transactions where no human counterpart is required. Smart contracts (which are already in development) will allow self-executing transactions that occur only once predetermined conditions have been met, and will only effectively be governed by the computer algorithms, which architect its use.
Networks of smart contracts will have empirical objectives (able to be determined through observation) which will be made transparent through open-source technology. Because of this, corporations will be adopting a transparent mindset, by provably committing to a new organizational process which is incapable of ‘cheating’. How can a network truly ‘cheat’ if its functionality is made completely open for interpretation? The only instances of misuse will come from failing to understand the objectives of the contract or network.

Rise of Computing Dominance

If you recall back in the early days of the computing revolution, the only institutions which were capable of housing such infrastructure were governments and large universities. At these places, a large number of people shared the machines and often you had to schedule of buy time to use the computer.
As can quite easily be seen, personal computing allows individuals to then own their own computer. But with collective hash networks such as the bitcoin blockchain, one ‘computer’ now controls many, many human counterparts. It is an exact reversal of how the computing revolution began.
In a similar manner to this passage from Alan Turing, humans will come to work for these networks of machines rather than machines working for networks of humans.
“Once the machine thinking method has started, it would not take long to outstrip our feeble powers. […] At some stage therefore we should have to expect the machines to take control, in the way that is mentioned in Samuel Butler’s Erewhon.”
 – Alan Turing, Intelligent Machinery, A Heretical Theory, 1951
As machines climb the ladder of exponential improvement (Moore’s Law) they increasingly exercise dominance over the biological domain because they write completely new rules which are governed by the architecture of cyberspace. No physical interest will be able to directly influence these networks. Because of this, biological intelligence will be incapable of keeping pace with computational intelligence which will represent a form of law subversive to human judgement. This process is one of evolution, and therefore should not be met with resistance but seeking to understand and explore this inevitable trend. Those who empower themselves with the understanding of this change will benefit tremendously.

Conclusion

The blockchain concept brings with it a fundamental shift in the paradigm of the corporation. No longer are the employees humans, but rather machines which are tasked with production and output of the organization. Smart contracts will allow increasingly complex autonomous corporations of this type to execute transactions with predetermined conditions. In doing so, humans will be sent down the corporate ladder into increasingly replaceable positions.
This transition is inevitable and should not be met with resistance, but rather a focus on how we can make it as painless and beneficial as possible. What implications do you see coming from the evolution of the corporate nucleus?

About the author

Travis Patron is a singularity researcher and cybereconomist most well-known for his thought leadership into digital economies such as bitcoin. As a respected public speaking authority and author, he has helped audiences, ranging from small teams to large university classrooms, understand the implications of non-political, programmable money for the average consumer. You can find him in Toronto, apathetic towards voting while hunting banksters for spare organs. Read his latest book: The Bitcoin Revolution: An Internet of Money.

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Saturday, February 21, 2015

Families Beg Runaway U.K. Teen Girls Not to Join ISIS in Syria

from nbcnews




Families of two of the three teenage girls who U.K. counterterrorism officials fear are headed for Syria to join ISIS expressed their concern for the girls' safety Saturday — and begged for them to "please come home to us." Shamima Begum, 15, Kadiza Sultana, 16, and Amira Abase, 15, were last seen Tuesday morning boarding a flight out of London's Gatwick Airport to Turkey later that afternoon, Metropolitan Police said in a statement Friday. Thousands of ISIS supporters have crossed into Syria through Turkey since the Syrian civil war started four years ago.
"Syria is a dangerous place and we don't want you to go there," Begum's family said in a statement. "We understand that you have strong feelings and want to help those you believe are suffering in Syria," the statement said, urging Begum: "Please don't cross the border. Please come home to us."
Sultana's family said in a similar statement that they "cannot make sense" of why she left home. The family appealed to Sultana to contact them. "We all love you dearly and the last four days have been a complete nightmare not knowing where you are and how you are keeping," the family said.
Abase was not initially identified at the request of her family, but they released her name Saturday and also asked her to "make the right decision" and return home. "We miss you more that you can imagine. We are worried and we want you to think about what you have left behind," the family said in a statement.
The Metropolitan Police said Friday they were attempting to reach out to the girls through social media and the Turkish press in the hopes the girls heed their families' calls. "These three families had no idea of the intentions of their daughters — no idea whatsoever that they were going to be traveling to Turkey and that they intended to go to Syria," said Richard Walton, counterterrorism commander of the Metropolitan Police.
A friend of the girls, Atlanta Broadbent, said they were "smart" and could always articulate their arguments effectively, but never imagined they'd head for Syria: "I wouldn't think something like this would happen."
Aki Peritz, a former CIA counterterrorism analyst, said most families and friends don't know when teens are planning to travel with intentions of aiding ISIS because the terrorist group uses the Internet "very, very effectively to recruit kids." Most teens have access to the Internet on their phones, Aki said on TODAY, "and their parents have no idea what they're doing oftentimes."

Three London Teenage Girls May Have Fled To Join ISIS

NIGHTLY NEWS
         

IN-DEPTH

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Greece Races to Agree on Reforms

from wsj


International Creditors Will Review Proposals From Athens on Monday





ATHENS—The Greek government began a race Saturday to agree on a list of economic reforms ahead of a review by its international creditors on Monday, after striking a tenuous agreement for a four-month extension of its bailout.
Prime Minister Alexis Tsipras called Friday’s deal an “important success,” but said negotiations with Greece’s creditors were now entering a more important stage.
“We won a battle, but not the war,” he said in a televised address. “The difficulties lie ahead of us.”
The bailout extension, which followed weeks of often harsh exchanges with other European governments, removes immediate concerns over a potential exit from Europe’s currency union, but sets the stage for further talks over Greece’s financial future.
The deal forced Greece’s new government to temper many of the antiausterity pledges it made in the run-up to last month’s election.
Mr. Tsipras met his inner cabinet of 10 ministers on Saturday to discuss potential budget cuts and economic overhauls that will face the scrutiny of the supervisors of the bailout—the European Commission, the European Central Bank and the International Monetary Fund—on Monday. On Tuesday, eurozone finance ministers will review the proposals.
Only once these measures have been implemented would Athens receive the next €7.2 billion ($8.19 billion) slice of a €240 billion bailout that has kept it afloat for almost five years.
Greek Finance Minister Yanis Varoufakis said late Saturday after the cabinet meeting, that the list will be ready by tomorrow. He said that if the three institutions don’t approve the measures proposed by the Greek side, then a new Eurogroup will have to take place on Tuesday.
“But there will be no need for another Eurogroup,” he added.
Greece’s negotiations with its international creditors since Mr. Tsipras’s left-wing Syriza party swept to power in January have frayed its relationships with other governments—particularly with Wolfgang Schäuble, the German finance minister.
We won a battle, but not the war.
—Greek Prime Minister Alexis Tsipras
“We kept Greece decent and standing,” Mr. Tsipras said, adding that the agreement canceled the previous conservative-led government’s austerity commitments to the country’s creditors.
Mr. Varoufakis was able to take some small victories back to Athens on Friday. Greece will likely be allowed to run a smaller primary surplus—a measure of its budget balance that strips out interest payments—than the 3% of gross domestic product mandated by its bailout deal this year.
But the ministers’ statement Friday stressed that this concession had been made only because the economy has performed worse than expected.
Athens will also get to swap out some measures that had been set out in the existing bailout deal, but only if it can come up with substitutes that have the same financial and economic impact.
“As of today we’re beginning to be co-authors of our destiny, co-authors of the reforms that we want to implement,” Mr. Varoufakis said Friday.
The deal was greeted with relief by many in Greece who believe that this was the first time in years that the country was actually negotiating with its creditors.
“This is the first time that Greece expressed its opinion,” said George Kordonouris, a 54-year-old restaurant owner. “I already feel younger; I feel much more optimistic. And after the four-months extension, I expect things will become even better.”
Others remain pessimistic and think that the government will not be able to deliver even a small portion of the promises made before the election.
“The deal only managed to cover Greeks at an emotional level,” said Ioanna Bekiari, a 49-year-old concierge. “Greeks feel that they have won something, but haven’t really understood the outcome. Nothing is going to change, because it would cost too much to deliver any of the government’s promises.”
It also isn’t clear whether Mr. Tsipras will be able to sell Friday’s deal to a coalition in Athens that comprises leftist activists who have spent years campaigning against the country’s bailout, as well as right-wing nationalists focused on regaining sovereignty.
“[Friday’s] deal is a good first step, but largely theoretical. Can it get through Parliament?” said Mujtaba Rahman, Europe director at political risk consultancy Eurasiagroup. “The governing coalition [in Athens] doesn’t have a mandate to implement this deal.”
Write to Nektaria Stamouli at nektaria.stamouli@wsj.com