Sunday, May 17, 2015

Justice Delayed is Justice Denied

Today May 17, 2015 marks the 14th anniversary since Ocwen Federal Bank violated federal bankruptcy law, and kept that violation hidden from the bankruptcy court and myself, which led to the loss of my home of twenty-six years, and my new home based business, Residential Fire Sprinklers, a licensed California fire protection contractor. I started and operated after I left Microsoft, capping a 20 year career in computers and software.

I discovered this violation of law, when I was denied a new loan by another bank, but the bank could not close the loan, because Ocwen issued a trustee's deed, 16 months earlier to Carol O’Neal.  Only Ocwen or Chase Manhattan, the loans beneficiary, could rescind these unlawful deeds. 

Instead of doing the right thing, by recording a rescission of the O’Neal deed, and allowed my refinance to close, Ocwen rolled the dice,, and sold my home, again, to a another real estate investor. Vista Homes. I alerted the court with a motion for relief on November 21, 2002.

The court denied the motion and I went to the United States District Court, and asked for a temporary restraining order. It was denied. A week later I suffered a stroke which paralyzed my left side. In February, Presidents Day, February 17, 2003 ,, friends moved me out of my home into Dollar Self storage.

This is a summary of the facts and the first page of my pro-se opening brief presented to the 9th Circuit on January 5th 2012 and is a one page summary of my case.

2.         What are the facts of your case?

Ocwen Federal Bank FSB,as the loan service agent for Chase Manhattan  violated federal bankruptcy law and that violation prevented me from obtaining a new loan after my case was dismissed.

While protected by a bankruptcy stay, the banks service agent violated 11 USC 362(a) by issuing a deed to O’Neal at a foreclosure sale. Sixteen months later, in June 2002 ,this deed prevented me from obtaining a new loan after the bankruptcy proceeding was dismissed at the urging of former Chase and Ocwen's attorneys.  After the case was dismissed, instead of resolving the title issue, which prevented my approved refinance, the bank held another sale, and two days after that new buyer gained possession in state court, the bank recorded a rescission of the O’Neal deed with the Riverside County Recorder.

I have sought a hearing on this violation of law since the President’s Day 2003 eviction from my home of twenty-six years. My home based business, Residential Fire Sprinklers, operated from my home since 1991, failed shortly after my eviction.  At a February 24, 2003 hearing the bankruptcy court recognizes  the violation of law,  but continues the hearing for 10 days to March 6, 2003 and then declines to accept jurisdiction and dismisses  the case with prejudice!  After almost a decade of attempting to to tell my story through the appeals process, the effort is now focused on the Bankruptcy Appellant Panel’s denial of my request for mandamus relief, to enforce the law as determined by 9th Cir BAP published opinion   In re Nathan Johnson  9th Cir BAP July 7, 2006 which determined the bankruptcy court must hear violations of 11 USC 362, when asked to do so. Even after the dismissal of the main case. Now, the BAP has denied my request to enforce the law, as decided by their own published decision in 2006.

William Gladstone once remarked that justice delayed is justice denied.

The story now has morphed from ‘the bank stole my house’ type of  civil suit, into a 'why can’t I get a trial', a constitutional issue, Why have all of the appellate justices denied me a trial or hearing, and ignored this serious violation of law.  The facts are undeniable, the law is settled.

In 2004 the year after I was evicted from my home, Corona storage operator,Dollar Storage, unlawfully sold everything I owned, right down to the clothes on my back, and the personal and and fire sprinkler business assets. This violated the same law as Ocwen had; 11 USC 362(a). The same judge, Meredith Jury, denied my request for sanctions, citing the law was 'unclear' but fortunately the Bankruptcy Appellate Panel or BAP  reversed her.

Now 14 years later I have went through the appellate process three times, yet no hearing or trial.

In 2010 author Mike Hudson included my story with Ameriquest, and became ensnared in their trap,in his critically acclaimed book, The Monster

This last appeal was filed on June 20, 2011 but still no decision, 47 months later.

I am just an average American baby boomer, asking the law to stay true to its constitutional mandate. Fourteen years is too long to receive justice.


Gary Ozenne


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