Legal Help - How did this happen ?

I am s searching for help to enforce the Constitution of the United States.

In  May of 2001, my home for over a quarter of a century, in Corona CA, was sold at a foreclosure sale in spite of the facts that (A) I was not behind on my payments, and, (B) It was against federal law, since  I was protected by a bankruptcy stay, 11 USC 362.  

I have never been given a courtroom opportunity to make my assertions and show the proof  of the facts of my case of settled law of 11 USC 362.  The court did not rule on the particular facts of my case but instead, it ruled it had no jurisdiction to hear my complaint, once the case was dismissed.

 A 2006 appellate case, In re Nathan Johnson 9th Cir. 2006 BAP July 7, 2006,

 ruled that it did have jurisdiction.

No hearing, or trial for Gary

In a nutshell, I have been denied my rights, as a citizen found in the constituton under the 1st 5th and 14h amendments to that constitution,insuring due process 

Today I am seeking an experienced civil rights attorney, and any assistance from my United States representatives, to help me gain my day in court.

Unfortunately, I have been self represented since the beginning of the appeals process,which debated jurisdiction, but ignored my charges, finally the 9th Circuit en banc, "determined" I was trying to take a shortcut, by petitioning for a writ of mandamus , which I believed was my only relief, since the statue of limitations had run to appeal, instead of requesting an exception for the time to appeal, which the court deemed was the proper procedure, but never addressed my charges. Dismissed again!

The court presumed, that I should have known, that a petition to extend the statute of limitations,was the correct way to gain relief , not a writ of mandamus, which orders the lower court to follow the law, which I believed was my only path forward.

I am looking for justice, and seeking an attorney, government representative to help me obtain my civil rights, dividing the award, which could be substantial.

When I brought a new motion for sanctions, based on this new case law, I showed up at the February 14, 2011 hearing, on my motion  for sanctions  I learned,  for the first time, that my case had been dismissed, earlier, four days past the time to appeal under the statute of limitations.

I had never gotten notice that my case had already been dismissed, I immediately filed a declaration that I never received notice of dismissal. It was and past the statute of limitations to appeal.  



My case is important in that it illustrates the fact that our constitutional law can or cannot be depended upon. This is on our most base law; The Constitution, to  the United States of America.


My case evolved from the specific undeniable facts to the general judicial debate of the jurisdiction of the Bankruptcy Appellate Panel BAP, about the jurisdiction of this BAP, leaving uninspected the violations of law which brought this case before them.

In short, I am looking for an advocate attorney, media attention, government representative, for assistance, that feels a passion to correct this grevious violations of law by this giant bank and their perfidious service agent; Ocwen

Gary L. Ozenne

firesprinklers@gmail.com

423-707-8949

Chase reply's to my letter to Jamie Dimon - Same as their 2007 response

I received Chase Manhattans response to my letter to Jamie Dimon

Here is the new boss, same as the old boss, ....the who

First, one dated 6-20-2012 -

Next one dated 6-26-2012 -

I wanted to resolve this dispute between Chase and myself. Apparently Jamie does not read his own mail as the form letter did not address my concerns, other than to say, call Ocwen, which is what I pointed out to them in my letter to Jamie.  This is essentially how  Chase replied in October of 2007. I am disappointed, but not surprised.

My reply Letter to Attorney General Kamala Harris

March 27, 2012

Kamala Harris - Attorney General
M. Nelson - Public Inquiry Unit
PIU: 454528
Re: Ocwen Loan Servicing

Since I received your reply dated January 17, 2012, I am feeling a change in my consciousness. You see, for the last nine years, each time I tried to gain a judicial hearing to inspect the banks violation of law, that cost my home of 26 years and the Residential Fire Sprinkler business I ran from that home, the appeals court would rule on the side of the banks and deny my hearing.

Both the facts and the law were on my side. It was crazy.  The judge claimed she lacked jurisdiction to hear my complaint. The appeal process took me to the Supreme Court, three times, and proved to be futile. There would be no hearing for this homeowner.

I lost my home and my business because of serious federal violations of law by the bank, yet could not gain a hearing to prove it. The BAP or bankruptcy appellate panel for the 9th circuit, did, however, reverse this same bankruptcy judge in 2006 when a storage operator violated the same law. 11 USC 362(a) in Ozenne v. Dollar Storage 9th Cir BAP Jan-17-2006.

In my latest attempt to gain a hearing, the bankruptcy court again ruled that they lacked jurisdiction to hear my complaint, which does not comport with published case law in the 9th circuit. In re Nathan Johnson July 7, 2006 9th Cir BAP.

Since I was not notified of the decision by the bankruptcy court claiming “no jurisdiction” until after the 10-day appeal period, I filed a petition for mandamus relief with the BAP. It turns out, however, that the Judge, the honorable Meredith Jury, is now a member of that seven-member panel and so three of the other jurists denied my petition, and now it is at the 9th Circuit Court of Appeals 11-60039. Ozenne v. Chase Manhattan et.al.

I understand that a civil litigant must engage his or her own prosecution of law violations that have caused injury. For over nine years, I have fought as best I could, with and without professional representation against this loan service juggernaut, but so far, I have been denied my civil right to due process. I hope, in this latest appeal, to finally be heard.  

You should be aware that the service agent, Ocwen, likely violated laws of a criminal nature, such as:

1.    Ocwen issued a deed to O’Neal on 5-17-2001, and O’Neal recorded that deed on 5-29-2001. When Ocwen conveyed title to O’Neal, they extinguished their power to hold another sale. Vista homes, an experienced real estate buyer, would not have paid the sale price at the July 2002 sale without some private assurance from Ocwen, that the trustee would rescind the O’Neal deed, which they did two days after the eviction trial. This gave Vista clear title to the property. Is this a criminal conspiracy?

2.    At the bottom of each “Proof of Claim” form that are filed by creditors, it acknowledges the criminal penalties for filing a false proof of claim. Since O’Neal was the legal owner from May 29, 2001, when they recorded their deed, until that deed was rescinded and recorded on September 26, 2002, Ocwen had no legal grounds to file these proofs of claim. They did, however, file several proofs of claim in my cases 01-18618 and 02-14014, asserting a full legal position, when they had none.

The details of my legal struggle for the past decade are documented in my Appellants Opening Brief submitted on January 5, 2012 and also on two of my blogs at www.banksters.us and my personal blog www.garyo.info

For this past decade I have waited patiently for the activities of Ocwen, and other unscrupulous loan service companies to come under inspection by the legal authorities. Forced insurance, and other deceptive tactics, designed to increase fees and keep the owner in default were used on me, in the late 1990's, and became standard tactics in the new century to many homeowners. Later, Ocwen violated bankruptcy law, which in my case led to my inability to refinance my home and only Ocwen could resolve it. Instead, they resold it.

As our country slowly recovers from this financial meltdown, it is important to prosecute those responsible for this orgy of greed that roiled the economy.

Our basic sense of justice is renewed, when after a period of lawlessness, a new sheriff arrives in town. For me personally, fighting my battle against these banksters, I feel like I have been fighting at a remote outpost and reinforcements have finally arrived!  

All my best wishes to you and your dedication to justice.

Gary Ozenne
firesprinklers@gmail.com  

951-496-7525  

Jurisdiction Stymies Homeowner

Within the 9th Circuit, this homeowner has attempted to gain a court hearing or trial to hear his complaint that the Wall Street Bank and their service agent, who bought the 'paper' to my home, violated federal law which caused the loss of my home and my business.

No less than 15 judicial procedures and 50 sets of judicial eyes have decided in favor of the law violating banks. And that's just the federal judges and justices that have been presented my case. All of the decisions or orders, however, do not explain how my charges fail. Likely because, the facts are undeniable, and the law is clear. Yet no hearing for me.

How ?  Why ?

It's all been focused on JURISDICTION.

The bankruptcy court and a Judge named Jury, have denied me the hearing citing that the court has "no jurisdiction" to hear my charges.  All of the appeals and reconsideration over the last nine years have still not yielded me a hearing or trial.  Now the latest appeal asks the 9th Circuit to order that the Bankruptcy Appellant Panel for the 9th Circuit (of which Judge Jury is now a member of) follow their own precedent setting law, that gives the bankruptcy court, the jurisdiction they need to hold a hearing.

I don't think Judge Jury likes me.

So we press on and remember the words of Sir Winston Churchill when he said 'Success is going from one failure to the next, without loss of enthusiasm'


Read all about it here. This is my latest appeal to the court, with links to the documents