Sunday, February 17, 2013

President's Day Weekend - Ten years and counting

TEN YEARS OF LEGAL FIGHTING TO GAIN A HEARING 

The coming real estate tidal wave hit me on February 17, 2003. That's when I was evicted from my home of over a quarter of a century and abruptly stepped into a new phase of my life. 

Greed and self interest took over the thinking of the bad guys, which in my case was Ocwen Federal Bank FSB, as the loan service agent for Chase Manhattan who bought the paper from Lehman Brothers, Ameriquest who originated the loan, and of course the perfidious attorneys for the banks and the various buyers of my property. 

I had received notice that on February 17th, President's Day, the Riverside County Sheriff would be at my home of 26 years to throw me out! Attorney Louis Bruno had gotten a temporary stay two months earlier, about the same time as I suffered a stroked and landed in the Corona Regional Medical Center until late December of 2002. 

The previous June, lawyers for the bad guys convinced the bankruptcy court that my Residential Fire Sprinklers, and I were in 'bad faith'. The court agreed, dismissing my case. I immediately got loan commitment from  Indy Mac Bank , however, during the final title search it was discovered that title was vested to Carol O'Neal !

Instead of fixing this error, which only they could do,  these bankers held another sale and two day's after that new buyer, a real estate investor, won his eviction lawsuit, the lender quietly rescinded the unlawful O'Neal deed. 

Finally after the February 13th pleading I was granted a hearing on February 24, 2003.  

and after the 10 day delay 

my life changed, dramatically on March 6, 2003 at the continued hearing.

to be continued ...  








The following links are various versions of the same set of facts retold over and over to the courts and appeals court in an attempt to bring my charges to a court of law.  


On Nov 21 2002 I asked the bankruptcy court for help


On Dec 3 2002 I asked the United States District Court for help

On Feb 13, 2003 I motioned the court to reopen case and return title

Order Shortening Time and response Feb 13 2003

Declaration of Gary Ozenne Feb 13 2003

Evicted Feb 17, 2003 - Moved into Best Western on Lincoln and the 91 Freeway

February 24, 2003 hearing about stay violations - transcript

March 6, 2003 continued hearing - transcript

Thus starts the decade long contention

State Court Opposition to New Buyer gaining clear title May 2003



Opening Brief to appeals court United States District Court June 30 2003 

Reply Brief


In late September I appealed this decision to the 9th Circuit Court of Appeals







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