Eleven Years of Injustice

February 17, 2014

This date, Presidents Day, is seared into my mind. Like the bombing of Pearl Harbor by the Japanese on December 7, 1941.  

Today is the 11th anniversary of the event which on February 17,2003,  changed my life more completely than any other event in my life. Greedy bankers and their perfidious service agent ignored federal law, so casually, it seemed like it was their standard method of operation.

So far, their tactics have been able to keep me out court, to hear my claims, and for 11 years have been able to avoid legal inspection. It almost seem, after 11 years, the local  judiciary has still denied my demand for a hearing, and so far,, the banks have skated, with no consequences for their practices.

I was unlawfully evicted from my home of 26 years, which also sunk my company, Residential Fire Sprinkler, since I operated it from my home in Corona.

I remember after graduation from Hawthorne High School in June 1967 my parents gave me a $200 graduation present which was just the amount  that Ralph Rina, a Continental Co-Pilot, and certified flight instructor,who had recently purchased a Piper Apache Twin engine aircraft, N4013P, and was accepting students for a $200 course to obtain their multi engine rating. A crazy fantastic price, considering today’s prices at fixed base operators FBO’s

As I grew up, In addition to remembering family and friends birthdays as best as I could, I began to recall certain dates as I became an adult. The ones that I remembered most clearly were dates involving significant milestones, and start dates at a few of the companies that I worked for in my adult years.

Significant Dates in my Life, that I clearly recall included

On December 25th 1966 I first soloed a Cessna 150 at the Hawthorne Airport.

On June 30th 1967 I passed the FAA flight test, and was now licensed to fly multi engine aircraft.

On February 20, 1969 - My son, Scott Lawrence Ozenne, was born in Inglewood, CA

On May 8 1968 I became a certified flight instructor or CFI-A

On Jan 21, 1974 - My first day at Sperry-Univac

On August 1, 1977 - First day at United Airlines

On Jan 21, 1980 - My first day at Nixdorf (now Siemens)

On Jan 2, 1989 - First day at Microsoft.

On Apr 23, 1991 Incorporated ‘Glo Fire Sprinkler Systems’  which later became ‘Residential Fire Sprinklers.  

Now, however, on this Presidents Day 2014, my mind is filled with dates related to significant legal events in the last 11 years trying to gain a court room hearing. I want o bring the lawbreaking banks to a court of law, to face justice, which so far they have not been made to do.  This unlawful mischief of the greedy banks occurred at the beginning of loan securitization and meltdown in this country.

Fast forward to 1998

I got  a new loan,and my life took a dramatic change…. I flew straight into a legal thunderstorm!.

In 1998 I made a loan from a company called Ameriquest which later became the focus of New York author Mike Hudson's new (2010) book that included my story with Ameriquest.  The loan was sold  first to Lehman Brothers, and then to Chase Manhattan, who held the bundled deed to my property at 861 W. Crestview St. Corona.

Ocwen Federal Bank, FSB, serviced the loan for Chase and are the true bad guys in my case, I think Chase was just doing what many banks were doing; feeding, like pigs ,at the trough of mortgage securitization,that was beginning in this country. I had chosen neither of these companies to hold or service my loan!

Ocwen, which is New Co backwards, has become quite profitable for its  founder William Erbey, who has become a billionaire at an incredible rate.  Perhaps faster than Bill Gates, or Steve Jobs.. I believe he belongs in jail. A recent inquiry into a federal legal database revealed over 141,000 lawsuits that  this company is involved in.

Worth 2.8 Billion he is among the 400 richest Americans. The group that holds as much wealth as the lower 50% of all Americans. Not to criticise great wealth made legally. That’s our American way.

Sadly, the wealth of our age, is being tainted by the corporations, which are gaining more and more influence over our political system. Citizens United,  well funded PAC’s, and the increasingly disturbing practice of our political leaders, using their service to the country, as an calling card  for the various big monied interests.when they leave political service.

THE LEGAL ADVENTURE BEGINS  - The Brief Version  

These are only a few of the dates of significant events in these 11 years of legal effort.

On May 17 2001 - Ocwen, (service agent) sold my home after I filed for bankruptcy protection.

June 5, 2002 -  One of my lawyers argues against dismissal of my case and fails

Dec 3 2002  - United States District Court denied my motion to stay the scheduled eviction.

December 2002 -- I stroke out, which puts me in hospital for 11 days.

Feb 17 2003 - The Presidents Day weekend I was evicted from my home of 26 years.

Feb 24 2003  - At a hearing hopes are raised,  it seemed, the court recognized the violation of law

Mar 6 2003  -  Down the rabbit hole: the Judge and Diane Weifenbach, cement my legal path.

Aug 5 2003 - United States District Court, Judge Robert Timlin  denies my appeal  

July 8 2005 -  2003 Appeal denied, I file a Petition for rehearing to the 9th Circuit (it failed)

Jan 17 2006 - In a separate case  in 2004, the appeals panel or BAP  reverse’s the judge

Feb 14 2011 - Judge Jury  denied latest motion for a hearing (no jurisdiction). I was not notified.   

Jan 5th 2012 - Submitted my latest case, 11-60039, appellants opening brief in a short 15 pages

These are just some of the most memorable dates, there are scores of others.

So now, Presidents Day 2014…  I wait patiently, for now 25 months while a three person panel decides my future.

The only thing I want is a trial or even a hearing on the violations of law that these companies committed against me. A chance to make my claim, and show my evidence.

Of course, this is America, where our Constitution, which is the highest authority, protects me in its fifth and fourteenth amendments. so I remain hopeful. Hung on my wall I have a Winston Churchill saying that continues to give me motivation, it reads

“ Success is going from one failure to the next, without loss of enthusiasm”  !

It’s been quite an adventure for this last decade, and a year. I have learned a lot., but its high  time for this legal saga to conclude, to allow my aircraft to take off into clear skies.

So for the readers who are fortunate to have this day off to consider our Presidents, our law, our country, our constitution, and our way of life,  I say:

HAPPY PRESIDENTS DAY

Gary Ozenne