Friday, December 30, 2016

Letter to Vice President Biden

December 30, 2016

Dear Mr. Vice-President and Doctor Jill Biden

First of all, thank you for your lifetime of service to our country, you did it with dignity, class, humor and style as demonstrated last night on Stephen Colbert. 

Mr. Vice President, for over the last 15  years, the light on the hill, has dimmed for me. About 12 years ago I fell into a deep depression, MDD,  and have been on medication ever since.  

You see, for over 15 years of my life, (52-67) I have fought, with and without lawyers, to gain a trial to bring Chase Manhattan and service agent Ocwen Federal Bank F.S.B. to face charges that their undeniable violations of federal bankruptcy law 11 USC 362(a), cost my home of 26 years, and my home based business 'Residential Fire Sprinklers'  I had started after leaving Microsoft, in 1991, capping over 20 years in the computer and software business.  I was new to the construction business and during my transition from a regular paycheck to a feast or famine style of being paid. Several times I  needed bankruptcy Chapter 13 reorganization protection during the first decade of Residential Fire Sprinklers. 

Then we enter the Twilight Zone of loan servicing craziness by Ocwen started on October 13, 2000, when I wired  Ocwen, $22,823.66  to fully reinstate my loan through October 31, 2000. When I discovered that I had overpaid over $3,850. The line items on quote did not match the given total on the same quote.  I called Ocwen and they said they 'would look into it'. 

Next, unbelievably,  I was served a Notice of Default, claiming I was $10,539.69 behind on payments!

I tried to rescinded under 15 USC 1635, but Ocwen ignored it. I called my lawyer who was on vacation in England for a month!.  I then copied from previous bankruptcy petitions and filed them in court on the morning of May 17, 2001, then took the petitions to the foreclosure sale, and informed auctioneer of the bankruptcy filing and faxed a copy to the trustee in Santa Ana,  Nevertheless, they sold my home and issued a deed to O'Neal, who began eviction proceedings. When my attorney returned from vacation, he made some telephone calls, and everything seemed back to normal. The eviction attorney for O'Neal wrote a letter to me, expressing he was unaware of the bankruptcy proceeding. 

Sixteen months later, my case was dismissed, but when my new lender tried to close on the new loan, it was discovered title was in name of O'Neal. Instead of filing a Rescission of O'Neal deed with the county recorder, and allowing my new loan to close, the banks sold it again to a real estate investor.  

In November 2002, I informed the bankruptcy court about these unlawful actions but  Judge Meredith Jury, 
ruled that the court had no jurisdiction to hear my complaint because my case was dismissed and therefore no jurisdiction to hear my complaint. 

This began a 15 year series of appeals, to get my day in court. Jurisdiction became a football kicked between the courts. While I sat helplessly on the sidelines.  Why was the court preventing me from getting a trial? 

It is understandable that the banks have enjoyed these last 15 years because staying out of court, is a win for the banking corporations.  They only have to play out the clock on this cellular god made the citizen. They have succeeded staying out of court, for now 187 months!   

In 2004 I filed a Chapter 7 case to liquidate everything, in my two storage bins,  however, the storage operator violated the same law, and when I asked for sanctions, Judge Jury ruled that California property law was 'unclear'. Motion denied.

I appealed to BAP, Bankruptcy Appellant Panel, who reversed the court, In Re Ozenne, 337 B.R. 214 (9th Cir. BAP 2006)

Then based on new BAP law, In re Nathan Johnson 9th circuit BAP July 7, 2006, which ruled the court must hear violations that occurred during the case when asked to do so even after dismissal. I motioned the court for sanctions, the court deputy gave me a hearing date of February 14, 2011. I filed the motion for sanctions with  Points and Authorities, and personal declarations. On the morning of February 14, 2011, arriving for the hearing early, I discovered that the case had been dismissed on January  27, 2011.  This was the first time, in over ten years that  I failed to get a court notice. 
I filed a notice in the court of this failure to get timely notice.

I now believed that a writ of mandamus was appropriate for my situation, which I filed in May 2011, Judge Jury, although not ruling on this appeal, was now a senior member of the 7 member panel 9th Cir BAP which was denied within a month. 

I appealed to 9th Circuit that same month, Opening briefs were due January 5, 2012, and February 6, 2012, for a response brief from the banks. 

Ten months after the banks failed to file anything, the court ordered the banks to submit their reply briefs within 14 days. 

The banks again did nothing, and ignored the order for three more years! In August 2016, they finally responded, and on March 25, 2016, in a split decision the court published an opinion that ruled that the BAP lacked jurisdiction to hear a petition for a writ of mandamus. Let alone issue one. Citation:  No. 11-60039 (9th Cir. March 25, 2016) (Published) without even mentioning the undeniable violations of law. 

Then, without request, the court issued an order for each side, within 21 days to argue their position as to whether the court should reconsider this case en banc.   The odds of getting this rehearing as a pro-se, fee waived litigant, I learned later was a 1 in one thousand chance of succeeding, but it did, costing me over $900.00 in printing/shipping charges, which on my social security check of $1120  put me right back into credit card debt, although the court already had electronic and paper versions already.

The en banc 11-member panel published Ozenne v Chase et. al. 11-60039, one day after the election November 9, 2016, and without addressing jurisdiction issues, concluded that I was just trying to circumvent the appeals process by asking for a writ. And although I had never received notice of January 27, 2011, dismissal order I should have petitioned the court for an extension of time to appeal, rather than a petition for a writ of mandamus. Even after 15 years fighting for a trial, I was now cast as a pariah, trying to get away with something and taking legal shortcuts with the law. Apparently thinking even after 15 years to gain a fair and open trial, that this was a shortcut.  A speeding motorist can get a trial within a few weeks.  

Mr. Vice President, I have been denied my constitutional right, to bring a grievance to the government against the defendants for a trial. This has gone on for way too long. Dividing 15 yrs of no trial by 67 yrs old, it represents 22% of my life.
And I know you understand that our time here on earth, is our only true asset, and unreplaceable. I am sick and tired of being unable to bring these law violators into court to face proof of their violations. while the courts have debated bankruptcy jurisdiction.  I have been left twisting in the wind.  I want my constitutional right to a trial, yet in all the paperwork by the court, that basic right of every citizen, was never addressed.

Please, can you issue an executive order or another type of order to give me a trial before you leave office? 
 If the banks are not guilty of what I have claimed, the skilled lawyers for the banks will make quick work of me I am sure. Please order a trial for this fellow citizen, before the new administration comes into power with most Americans feeling uncertain on how that is going to work out. Please, as the executive branch of government, charged with enforcing the law,   Please enforce my rights under our constitution and its amendments to this citizen, and fellow American citizen.  

The Wall Street journal published on their subscription service an article titled "Appeals Court Dodges Question of Bankruptcy Jurisdiction" in a November 11, 2016, article.

Thank you, again for your service, and any assistance you can provide on this matter

May God, bless you, and your family, good luck on any new endeavor you pursue.

Gary Lawrence Ozenne

7351 Piute Creek Drive, Corona, CA 2881

No comments:

Post a Comment