Rehearing en banc


This case involves two giants of the mortgage refinance market Chase Manhattan, and Ocwen federal Bank FSB (now Ocwen Loan Servicing) and Gary Ozenne a 66 year native of Southern California and the former owner of Residential Fire Sprinklers,

Quick Facts,

On the morning of May 17, 2001, I rushed to the bankruptcy court to file a Chapter 13 case, my attorney, was out of town, not expected back till the first week in June, I copied petitions, from our last Chapter 13 filing, to stop the sale. I showed the auctioneer, and then drove to my home and faxed them to the trustee.Nevertheless, the trustee issued a trustees deed to Carol and Steven O'Neal. who started eviction proceedings, and recorded the deed with the Riverside County Recorder. . When my attorny Clay Presley returned from vacation, he made some calls, and all the actions stopped.

Things continued normally, 


Reasons to Rehear

It should be reheard, simply because it sends out a dangerous signal, illistrating to that element of greed, that to break federal law is a crapshoot. maybe you won't get away with it, but maybe you will, like this case, for now 15 years, since the banks violation of law

Should the evolution  of jurisdiction law, be superior, and leave the appellant, as so much  'grist for the mill', of evolving law,  

 to  the Civil rights of an agieved  of the one agrieved The debate about jurisdicktion and the limits of the juridictional law, as it evoles, over a citizens right to redress in some judicial forum ,after a total loss of basically everything 

The banks have effectively 'poisoned the well' by 15 years of insults to my character in all the proceedings. and cumulatively this, perhaps influenced future jurists

In not one proceeding during the 15 year have my charges been under  legal inspection, The appellees have won by staying out of court, but never dening any of these charges not going to court.  
Civil Rights

Form vs Substance Weigh the effects on parties 

Justice argument of jurisdiction,, not a forum for the facts to be brought out, and either proved or disproved 

No legal forum to bring inspection 

We are a nation of Law, and that I seek redress for either deliberate, or negligent action.


I would ask this court to sua sponte, order this case remanded to the United States District Court who everyone agrees has original jurisdictio,  

This case involves two giants of the mortgage refinance market Chase Manhattan, and Ocwen federal Bank FSB (now Ocwen Loan Servicing) and Gary Ozenne a 66 year native of Southern California and the former owner of Residential Fire Sprinklers,

After high school, i worked as a certified flight instructor. A student, who happened to be the manager of the Los Angeles Data Center for Sperry Univac,  offered me a job, as a computer operator trainee, I rose trough the ranks and remained in business until I left Microsoft in 1991, to start Residential Fire Sprinklers with a childhood friend, to instal

The panel should rehear this case en banc for several reasons

Appellant's civil rights to bring his grievances against another party to a court of law for adjudication.  I have never had my day in court, to make my charges, produce my undeniable evidence, and have an impartial  day in court, on the merit of his claims, the bankruptcy court ruled it lacked jurisdiction, after the case was closed bankruptcy Judge Jury of bankruptcy 

The appellant, lost his home of 26 years, and Residential Fire Sprinklers business a California Licensed C-16 contractor  since leaving two decades of working in the computer  and 20 year since ke federal law, when they issued a trustee's deed to O'Neal after I had filed for bankruptcy It was now,t 15 years since the appellees  violated federal law, by issuing a deed a to O'Neal, who recorded that that trustees deed on May 29, 2001.  ago Fifteen years ago, on just passed May 17, 2016 marks the day that I filed a rushed petition, copying portions 

as earl warren noted 

It is the spirit and not the form of law that keeps justice alive. Earl Warren
Read more at:

I grew up in Hawthorne California, home of Northrop Aircraft where my father worked for his whole life. I had a big interest in aviation , and in the year after graduateing   

The petition for re-hearing en banc, also asks the panel to consider the relative justice of the form of the law versus, the injury that  

After 15 years of struggle, I am still unable to gain a fair trial or hearing, contrary to basic civil rights to bring my grievances to a court of law. for an examination of the facts.and adjudication.  An opportunity to bring  my charges, submit my proof, and have the court  my charge that the bank failed to record a rescission of a deed issued by the trustee, while I was in a bankruptcy proceeding, with my startup company, Residential Fire Sprinklers, which was experiencing growing pains,  
In all of the appeals, the banks have never denied my charges, they won, by not getting pulled into court to answer to the undeniable proof, that exposes  

The violations of law, have never been addresses  The history of my case, has been about  ‘who has the jurisdiction’ My complaints against Ocwen and Chase have been ignored , and instead ,has become  a judicial debate over which judicial body should hear these matters, (my charges)  a discussion about jurisdiction changing jurisdiction.  more like a senate law debate on the senate floor. But for 15 years now, jurisdiction issues 

Also, the court should rehear this case en banc,  to weigh the impact of debating the finer points of jurisdictional law, While completely ignoring and never mentioning the undeniable facts in this case.  vs totally overlooking the crimes and violations of the appellees, which brought this to court, when I could not refinance my house, because contrary to assurances told to my attorney Clay Presley, that they would rescind the recorded deed. Only the trustee or beneficiary can legally can record a Rescission of Trustees deed, when issued in error, like this one. The O'Neals must have beed paid off, as they haven't been heard from since 2001. 

The 3 member panel, also denied my request for judicial notice on several significant cases, one such settlement was with California's attorney general, Kamala Harris in an amount of 2.1 Billion Dollars.

Appellees Indifference 

In October of 2012, already nine months past due, 2-06-12, the court ordered Chase and Ocwen to file their brief, within 14 days, or risk, not being able to argue during oral arguments. This time the banks took a deep snooze, and was not heard from for over 3 years.  took a snooze that lasted 3 years. But in October I asked the court to modify my requested relief, from when I submitted I my informal openingt on January 5th 2012 I asked, if successful, to remand back to the district court for a trial by Jury. 

This pleading served as smelling salts to the banks, immediately filing motions to file late, which was granted.  as shortly they motion the court, that it knew nothing (dog ate homework?) defense. Three years more delay for me. And in their response brief, goes through all the ways a court could dismiss my case. But never even acknoledges any of my charges about breaking the law.  

My brother Dennis passed away suddenly, at 61, in 2008, and his son, Donovan and his family, invited to stay in his room, and when my social security started he gave me a modest rent. Shortly after moving in I was contacted by author Mike Hudson, a New York writer who was writing a book about predatory lending, and Ameriquest in particular. 


Not in any of the scores of pleadings to the court, has Chase or Ocwen, ever denied my charges.or their culpability. 

The panel may have overlooked the fact, that Chase or Ocwen have never denied these charges, clouding the water with the number of times I had filed 

The service agent violated bankruptcy law and that violation prevented me from obtaining a new loan after my case was dismissed.

While protected by a bankruptcy stay, the banks service agent violated 11 USC 362(a) by issuing a deed to O’Neal at a foreclosure sale. Sixteen months later this deed prevented me from obtaining a new loan after the bank successfully argued to have my bankruptcy case dismissed for bad faith. After the case was dismissed, instead of resolving the title issue, which prevented my approved refinance, the bank held another sale, and two days after that new buyer gained possession in state court, the bank recorded a rescission of the O’Neal deed with the Riverside County Recorder.

I have sought a hearing on this violation of law since the President’s Day 2003 eviction from my home of twenty-six years. My home based business, Residential Fire Sprinklers, operated from my home since 1991, failed shortly after my eviction.  At a February 24, 2003 hearing the bankruptcy court recognizes  the violation of law,  but continues the hearing for 10 days and then reverses and declines to accept jurisdiction and dismisses  the case with prejudice!  
After 15 years of attempting to to tell my story through the appeals process, the effort is now focused on the Bankruptcy Appellant Panel’s denial of my request for mandamus relief, to enforce the law as determined by 9th Cir BAP published opinion   In re Nathan Johnson  9th Cir BAP July 7, 2006 which determined the bankruptcy court must hear violations of 11 USC 362, when asked to do so. Even after the dismissal of the main case. 

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