November 1, 2016
Attention News Media
Dear Editor:
My name is Gary Ozenne, and I am seeking a nationally recognized and respected news / media outlet who is interested in telling my story, perhaps at a good time considering accusations made in this presidential race about fixed government.
For over 15 years our court system has denied my constitutional right to be heard by a judge or jury! You know, an impartial legal forum to allow disputes to be resolved, Based on the 'rule of law'.
Ocwen Federal Bank F.S.B. and their confederate, Chase Manhattan bank, violated federal bankruptcy law which was the direct cause of losing my Corona home of 26 years and my home based business, Residential Fire Sprinklers operated from that home since leaving Microsoft to start up a business that installs fire sprinklers in homes in 1991.
This violation cost my home of 26 years, as well as my business, and once my Microsoft 401 was drained, I became homeless!
In a nutshell, in 2001, service agent, Owen Federal Bank F.S.B. issued a trustees' deed to O'Neal while I was protected by a bankruptcy stay. When my attorney returned from vacation, he made some phone calls, and the eviction action O'Neal had started, was withdrawn, by their attorney. Clay Presley , my attorney represented me in case 01-18618MJ. Everything appeared to be back to normal. The banks informed my attorney they would unwind everything.
In 2000, as I adjusted to this 'feast or famine' income stream of the construction business, I fell behind on my payments to Ocwen, so on October 13, 2000, I wired to Ocwen, in Fort Lee NJ, $22,823.66. to fully restore my delinquent loan current through October 31, 2000.
The next month, going over Ocwen's' reinstatement quote, four times with a calculator I realized the fax quote was in error, Ocwen made an addition error, I had overpaid $3,841.69 !
I immediately called Ocwen to resolve this, either reimburse me, or use it for my next two months payments.They told me that they would look into it.
The very next month, January 2001, Ocwen or Chase, changed the trustee, who recorded a Notice of Default, asserting that the loan was in default, and $10,539.55 in arrears! This of course initiated a foreclosure action. I am not kidding in the least when I say, it was like the “Lender Twilight Zone”, with incompetence abound.
The banks had informed my attorney the would unwind everything from the sale to the O’Neals, however, they failed to record a Notice of Rescission with the county recorder, but told no one during the length of that case.
Sixteen months later, after my case was dismissed,I was unable to refinance my home of 26 years because of this recently discovered errant deed. Only Chase or the trustee can record a rescission of such deeds.
Then, instead of performing this diminutive task, of rescinding the O’Neal deed, and allowing my approved new loan to close, the banks held yet another sale, to a new buyer, a real estate investor, Vista Homes, on July 31, 2002. Then on September 24, 2002, Vista won possession, in a summary eviction lawsuit. Two day’s later on July 26, 2002, , the bank at long last, recorded the rescission of the O'Neal deed with the Riverside County recorder, which would have allowed my loan to close, but now gave Vista homes a clean title. The bankruptcy court knew nothing of this deed during the duration of the case.
In November of 2002, I motioned the bankruptcy court for sanctions for this undeniable violation of law. The bankruptcy judge, Meredith Jury, rejected my motion, ruling the bankruptcy court had no jurisdiction, once the case was dismissed.
This began 15 years of continuous appeals to gain my day in court, which continues to this very day. After 15 years of being unable to tell my story, make my case, gain a trial, with no success.
The 9th Circuit is now rehearing my case en banc. Ozenne v Chase Manhattan, Ocwen 11-60039.
The American Bar Association, the California Bankruptcy Forum, and professor John A.E. Pottow, from the University of Michigan, have all filed Amicus Briefs, supporting my position for a rehearing, likely because of the sudden loss of BAP authority, in my 3 judge opinion, as you may know the BAP is an intermediate court, and only hears bankruptcy appeals, thus relieving the overburdened US District Courts. The case will be decided by 11 members of the en banc court. Once before in 2004, the BAP reversed the same court on the same law,. Ozenne v. Dollar Storage January 17, 2006 BAP.
Put in its simplest form. For 15 and one half years I have asked a combined total of 26, now 37 with en banc Judges, in the 9th Circuit to enforce this constitutionally guaranteed right to make my claims and be heard in a court of law. I hope you can help me inform American citizens about the difficulty I have had to get my day in court. A case Judge Judy could resolve in 15 mins or less! But so far no one cares.
I believe that if I gain some media attention, I will finally get my constitutionally guaranteed day in court.
If you have any questions please contact me
Thanks for your consideration.
Gary L. Ozenne
7351 Piute Creek Drive
Corona CA
951-496-7525
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