Attention American Press and Media
Twelve years ago, unlawful actions by Ocwen, the loan service agent for my home loan owned by Chase Manhattan, caused me to lose my home of 26 years, and my home based business, Residential Fire Sprinklers, I had started and operated after leaving the computer and software business in 1991.
In 2001 while I was protected by a bankruptcy stay Ocwen unlawfully sold my home to O'Neal at an auction, O'Neal, recorded the unlawful deed with the Riverside County recorder. Ocwen never revealed to my attorney or the court, that they had failed to rescind the unlawful deed, which, by state law, only Chase or Ocwen was permitted to record a rescission of a trustees deed. When my new approved loan went to closing, it was discovered that title was vested to O'Neal and the bank could not close the loan with this defective title which was still vested to O’Neal and had been since May 29, 2001 when O'Neal recorded the deed at the county recorders office.
Instead of rescinding the unlawful O'Neal deed so that I could close my new approved loan, Ocwen held another sale and issued another deed, while title still vested to O'Neal.
The new buyer, a real estate investor, Vista Homes recorded this new trustees deed with the county recorder in August 2002, and started a state action eviction lawsuit held on September 24, 2002 where Vista prevailed and started eviction proceedings.
For over 16 months, Ocwen had told no one about the presumably rescinded O'Neal deed, yet within 48 hours of winning the eviction lawsuit, Ocwen recorded a rescission of the unlawfully issued 2001 O'Neal deed, that had prevented my approved loan, but now gave a clean title to Vista homes, to flip the house, which is exactly what they did.
In twelve years I have have fought for a trial or hearing in which I can make my charges, produce evidence, and have the court apply the law.
The bankruptcy court has ruled it 'lacked jurisdiction' yet precedent law in the 9th Circuit has ruled that it indeed does have jurisdiction to hear violations of the automatic stay, 11 USC 362(a), after the case is closed!
The most concise telling of my story is in my Informal Appellants Opening Brief. submitted January 5, 2011.
I notified the bankruptcy court in November of 2002, but the court denied my request for a hearing, but then, seven days after my President's Day eviction, The court ordered a hearing for February 24, 2003, the court and Judge Jury, finally seemed to understand the facts in my case , and articulated, quite clearly, the violations of bankruptcy law, See Page 59 Line 15.
Judge Jury continued the hearing for 10 days, to March 6, 2003, and then, like stepping into the twilight zone, the court inexplicably changed attitude and demeanor, 180 degrees! We went to court believing the subject would be the violation of law committed by Ocwen. Attorney Bruno, along with my nephew and myself, were unprepared for what came next. The violation of the law, and the basis of my complaint were put aside, and not even mentioned, and suddenly I was a pariah, and should be booted. undeserving of justice. Arguing passionately to dismiss my case was the former attorney for Chase and Ocwen (when the wrongdoing was committed) and was also the loans trustee, Diane Weifenbach, tried to convince the court to prevent me from ever bringing up this issue again. (see transcripts page 84 line 15. The court dismissed my case with prejudice. Later, when I returned to this court for relief, the bankruptcy court held that after the case was dismissed, the court lacked jurisdiction to hear my complaint.
.This began a twelve year cycle of appeals, including two trips to the United States Supreme court, just to get a hearing !
Yet here I am, twelve years after I was robbed, and due to issues of jurisdiction, I cannot get into court to tell my story.
Meanwhile, the two banks have enjoyed the fruits of their deceitful and unlawful actions, with absolutely no consequences! By staying out of court, the banks have won, while the unexamined violations of law, has given my life, a full on reset, on my plans for my senior years, I have been fighting for a hearing since I was 52 years old.
In 2008, shortly after returning from a FEMA deployment, I was contacted by New York author, Mike W. Hudson, (who,coincidentally was the same LA Times reporter that i had quoted from a news story (about lending) three years earlier in my first Supreme Court petition he had come across my case through court records, and interviewed me about my experiences, in residential borrowing in 1998. He was kind enough to profile my experiences with Ameriquest, and their deceitful practices. in his critically acclaimed book; “The Monster - How a Gang of Predatory Lenders and Wall Street Bankers Fleeced America - and Spawned a Global Crisis”. Mike had, with great precision, perfectly described my situation with Ameriquest in the late 1990’s. The book made the complex real estate lending industry, very understandable to the lay person. A clip from the book was published on the web in December of 2010.
.This began a twelve year cycle of appeals, including two trips to the United States Supreme court, just to get a hearing !
Yet here I am, twelve years after I was robbed, and due to issues of jurisdiction, I cannot exercise my due process right to a hearing to get into court and tell my story.
Meanwhile, the two banks have enjoyed the fruits of their deceitful and unlawful actions, with absolutely no consequences! By staying out of court, the banks have won, while the unexamined violations of law, has given my life, a full on reset, on my plans for my senior years, I have been fighting for a hearing since I was 52 years old. At this rate, these corporate entities, can use a strategy of attrition with this cellular based, patriot citizen
Please call or email me if you have any questions
Thanks for your interest,
Gary Ozenne
firesprinklers@gmail.com
951-496-7525
www.garyo.infowww.firesprinklers.us
