Sunday, July 31, 2016

Fourteen Years Ago Today

July 31, 2016 

On this date, in 2002,  I watched my home of 26 years  being sold at an auction at the Corona Civic center. The sale was based upon a faulty "Notice of Default" claiming I was over $10,539.69 in arrears, when in fact, I had just wired them 22,823.66 on October 13, 2000, to reinstate my loan current through October 31, 2000.

I had over paid them $3,824.25 after discovering the faxed reinstatement quote did not add up,to the given total. I  called Ocwen, and they told me they would 'look into it'. 

After informing Ocwen of their faulty addition error, I did not hear back about their findings, but instead,  The very next month, January 2002, Ocwen's trustee started a foreclosure by recording a 'Notice of Default' claiming I was $10,539.69 in arrears! 

What no one knew, except perhaps Ocwen, the deed issued to Carol and Stephen O'Neal, on May 17, 2001. had never been rescinded and the title was still vested to the O'Neal's. Only the beneficiary, Chase Manhattan, or the Trustee, could lawfully rescind such a deed. Even now, the banks could have said sorry, and rescinded the O'Neal deed, and my approved refinance would have closed.

But somebody wanted to roll the dice, with federal law, and the banks, waited until the house sold again. That new buyer, Vista Homes, a real estate investor, evicted me in a summary (court will not look before the sale) decision, on September 24, 2002. On September 26, 2002, Ocwen recisionded, the O'Neal deed, giving Vista Clear title. Vista spruced it up and sold it quickly, now that title was in Vista's name. 

I can easily prove it if I could just get a hearing. The obvious violation of what is known as the 'automatic stay' which freezes everything until a bankruptcy judge becomes involved.  

The 'notice of default' was laughable, if it wasn't real.  

I filed a bankruptcy case to stop the sale, but it was ignored, and Ocwen issued a trustee's deed, to Carol and Stephen O'Neal, who recorded that deed on May 29, 2002, with the county recorder.  

When I notified the bankruptcy court of this violation  of law, the judge determined the court lacked jurisdiction once the case was dismissed

This began a continuous series of appeals, winning one, in 2006, reversing my judge, when the local storage facility violated the same law, and the judge refused my request for sanctions, but the Bankruptcy Appellate,reversed that decision and sent the case back to determine damages.

Now, fourteen years later, I have still not seen the inside of a courtroom, to make my charges.   

In the last appeal, the court ruled that the BAP or Bankruptcy Appellate Panel, lacked jurisdiction to even hear my petition for a writ to grant me a hearing. 

Now, after a petition for rehearing en banc was seen by all 27 of the active judges, and a majority voted for a rehearing, which, apparently, are rarely granted.  Only 4% of all petitions are granted. Of the paying (filing fee) is 1%, and of those were the fee was waived, was .1% or one tenth of one percent. A real longshot, so I was blessed for that.  

The March 25, 2016, published opinion, on Ozenne v. Chase Manhattan and Ocwen Federal Bank FSB. changed the law, and now, this intermediate Court BAP, lost jurisdiction. And jurisdiction went to the United States District Court, which was the purpose, for creating the BAP in the first place to relieve the case load of district courts. None of my charges were even mentioned, by the 3 judge panel, 60 page opinion, and the BAP lost considerable authority  

Fortunately because of these issues, the American Bar Association, and the California Bankruptcy Forum filed their separate 'friend of the court' briefs. 

On July 13, 2016, the court issued an order

Since this dispute began in 2000, all I have wanted was a trial to determine the facts, determine the truth. I think I remember from High School, that this was guaranteed to every citizen with a grievance, under our constitution. 

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