I lost my home of 26 years, and my home based business, Residential Fire Sprinklers because Ocwen Federal Bank (servicer) and Chase Manhattan (beneficiary) violated federal bankruptcy law 11 USC 362(a), as well as criminal law,18 USC 152(1-9), in 2001.
In 15 years, 187 months, the 9th Circuit jurists have protected the banks, by not allowing me a fair and open trial, to flesh out the facts, and failed in enforcing the constitution of the United States of America. The banksters, and the courts, have failed to recognize my constitutional right to redress, articuled in at least the first, fifth, and fourteenth amendments to the base law of our country. Instead over 15 years of appeals, my constitution right to redress, have been ignored.
This last appeal 11-60039, opening, and responding briefs were due on Jan 5, 2012, and February 6, 2012, respectively. Ocwen ignored this order and did not respond to my informal opening brief filed timely. Ten months later, the court ordered Ocwen to file a response within 14 days, or risk the possible loss of being able to argue at oral arguments. Over three years later the banks suddenly 'woke up' when I changed my requested relief to a trial by jury.
This woke up the banks, who the court ultimately denied my appeal, and published the opinion, in a split decision that the BAP had no authority to hear it, let alone grant the order to follow the law. (seems like changing rules, mid game) It was a published and thus became the law. The court then decided that they wanted to rehear my case 'en banc', which cost me over $900.00 in printing and shipping costs, for documents, the court already had, paper and electronic. Then it was quickly decided. Sidestepping the ruling of the 3 justice panel, and ruled that the victim, was the bad guy, trying to short cut the appeals process. Really, after 15 years just to get into court. Unreal.
The WSJ noted this in an 11-11-16 article.
How did this get started?
In late October 2000, seriously in default, Ocwen faxed a reinstatement quote of $22, 823.66, to bring my loan current through October 31, 2000. Shortly after I discovered the faxed quote was in error, the line items were correct, just an addition error. I called Ocwen and talked to a supervisor, and wanted to know the bank's intentions? Send me a check, or apply to next few payments. He said 'we will look into it'
The next month I was notified, that a notice of default was recorded asserting I was $10,539.25 in arrears! WTF ?
I rescinded the loan under the extended TILA rights. They ignored it. Called my attorney Clay Presley, to learn he was in UK, golfing, not expected home till early
Dear Editor:
On November 9, 2016, I was astonished to learn that the 9th Circuit court of Appeals, had again, denied my constitutional civil right to be heard.
For now, over 15 years since the bank's violations of federal bankruptcy law, caused the loss of the family home of 26 years, and the loss of my start up home based business, Residential Fire Sprinklers, that I operated since leaving the computer/software industry 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, which has been successful for now 187 months!
Summary Background
On October 13, 2000, I had wired the Ocwen, $22,823.66 to fully reinstate the loan on my home, which was seriously delinquent. When I discovered that an addition error on their reinstatement quote in their favor for $3843.69, I immediately called Ocwen to see if they were going to use the $3,843. to pay for a few months of paymens or could I expect a check.They informed me that they would 'look into it'
The very next thing, one month later, Ocwen changed the trusttee, who recorded a notice of default, beginning a foreclosure
The very next thing, one month later, Ocwen changed the trusttee, who recorded a notice of default, beginning a foreclosure
The banks had issued a deed to party, O’Neal, despite my bankruptcy protection.
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, into the light. I am afraid this after January 20, 2017.
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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
Ca I contacted you a few years back, to inform you of my legal difficulties trying to gain a court room trial against the bank and service agent who stole my home of 26 years and has never had to answer for the undeniable violations of law.
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