January 4, 2017
Dear Attorney General, Loretta Lynch
On November 9, 2016, I was astonished to learn that the 9th Circuit court of Appeals, had again, denied my civil right to be heard. For now, over 15 years since violations of law, caused the loss of the family home of 26 years, bought new in 1976. And the loss of my start up home based business, Residential Fire Sprinklers, operated since leaving Microsoft in 1991.
My basic American civil rights have been ignored. Attempts to gain a trial on my charges have failed. The banks have been successful in their endeavor to stay out of court. The proof of their unlawfulness is undeniable, so staying out of court, is their only path to success, and paramount to the bank in their strategy of attrition has been successful for now 187 months.
The banks issued a deed to O’Neal despite my bankruptcy filing, which I filed to stop them from proceeding with their phony foreclosure based on a terribly flawed notice of default, asserting I was $10,539.69 behind, when, in fact, they had not yet accounted for the $3841.25 overpayment made two months earlier. Ocwen had made a simple addition error.
I simply wanted a trial, for the banks to face my accusations that cost me so much, by their violations of civil law 11 USC 362(a) for negligent and possibly criminal behavior, 18 USC 152 yet the facts of my case remain unexamined.
In 2001, the banks, Chase Manhattan, and Ocwen Federal Bank F.S.B issued a deed to my home while I was protected by a Chapter 13 bankruptcy case. Then, instead of rescinding this deed by recording a document with the county recorder they proceeded for the next 16 months in this title deception, with legal rights vested to the titled owner; the O’Neal’s. The banks continued to collect payments from me, through the bankruptcy court, this may expose them to criminal sanctions under 18 USC 152 (1-9)
In early 2003, the banks sold my house, again, to a real estate investor. and since March of 2003, I have fought to get a trial to determine the facts. The courts have consistently denied me this basic law of our country.
The US Constitution guarantees this basic right to be heard and bring your grievances to a fair and open trial. For now, over 15 years, the banks have won by staying out of court ,to face my charges.
The banks have acted with impunity during this last appeal, for example, the banks did not file a response to my informal opening brief, ten months later, the court issued an order for the banks to file their response within 14 days. The banks continued to ignore ordered the court for over 3 years, finally responding when I changed my prayer to remanding the case to the US District court, for trial by jury!
That did it, they replied quickly, and then fairly quickly, the appeals court debates bankruptcy jurisdiction, then the en bank court, ruled that the victim was the bad guy, trying to take shortcuts with my petition for a writ of mandamus. Ign Now, at 67, I don't have the time to waste, while the courts argue about jurisdiction issues.
Can you help me by opening an investigation into my charges? Or order a trial for me, before the next administration takes over. Attorney General Lynch, while time remains, please order an investigation of my civil right to bring my grievances under the law of our United States Constitution, as well as bankruptcy fraud under 18 USC 152(1-9) I know time is short but my plea is wothy of the protections given by our constitution.
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Thank you for your service to our country, Happy New Year and best wishes to you and your family
Thank you for your service to our country, Happy New Year and best wishes to you and your family
Respectfully,
Gary L. Ozenne
951-496-7525
7351 Piute Creek Drive, Corona, CA 92881
Case 11-60039
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