A Festering Injustice

August 1, 2013

A Festering Injustice

Yesterday,  July 31, marked the eleven year mark since I stood down at the Corona Civic Center, and tried to convince the 20-30 potential buyers not to buy my home. In the end, an investor snagged it for about $165,000.

A month earlier, in June, I had been approved for a new loan, on my home of 26 years, but was prevented from closing it  because title was vested to Carol O'Neal. Fourteen months earlier, the bank issued a deed to Carol O'Neal while I attempted to reorganize my business, Residential Fire Sprinklers, under the protection of the bankruptcy court.

This was a gigantic oversight by the bank, and in fact, violated federal bankruptcy law. Instead of admitting their error, and fixing this oversight, by recording a rescission of the O'Neal deed (which only the bank or trustee could legally record)  the bank, instead, held another sale, on July 31, 2002.

In late November 2002 , Vista Homes, the new  buyer, had me evicted in a state court eviction lawsuit.  Two days later, the bank recorded a rescission of the O'Neal deed.

Had the bank done this earlier, my approved refinance would have closed and this decade of appeals, to obtain a hearing, would have never occurred.  Now, however, rescinding the O'Neal deed gave a clear title to the real estate investor, Vista Homes, who quickly sold my home again, making a quick profit.

My two attorneys were simply not effective stopping these Wall Street bankers from their intentions. Both attorneys were nice guys, but when the money ran out, I had to continue self represented, or give up.

The simple unfairness of what had occurred to me, struck a chord of injustice inside my DNA that changed my life. I could not move on, until this wrong was righted. Too many hours of my young nervous system being exposed to the electronic hero's of the day, formed a concept of justice, that could not be denied. The simple lessons of Roy Rogers, Hopalong Cassidy, and Davy Crockett,  helped to define this perspective.

Since then, in my attempt to gain a judicial hearing to expose these violations of law, the bankruptcy court, and the honorable Meredith Jury  have  consistently ruled it had no jurisdiction to hear this complaint, after the main bankruptcy case had been dismissed. In three different attempts to gain a hearing, she has ruled she 'lacks jurisdiction". 2003, 2007, 2011.

My appeals for a hearing have went all the way to the United States Supreme Court, three times, and I still have not gained a right to a hearing.

This latest appeal, Ozenne v Chase Manhattan et. al.  asks the court to enforce precedent law, which decided this question about jurisdiction many years ago. In that 2006 case, the court ruled that the bankruptcy court did indeed have jurisdiction on these types of violations.

I submitted my latest appeal to the United States Court of Appeal for the 9th Circuit in January of 2012. Ozenne v. Chase Manhattan et. al.  11-60039. My informal opening brief with all of the exhibits was filed electronically.

Gary Ozenne



No comments:

Post a Comment