Thursday, March 6, 2014

Eleven Years and Counting

Today, March 6,  2014, marks the eleven year mark since I was denied my constitutional right, to bring my tormentors to a court of law, state my charges, and provide the evidence to substantiate my claims. The legal issue has been jurisdiction.

Since that date, the banks, Ocwen Federal Bank FSB, the service agent and  Chase Manhattan, the beneficiary of the deed of trust, and their attorneys,  have successfully been able to frustrate my rights under the law and my ability to bring my charges into a court for judicial inspection, and prove my case.  Now eleven years later I have still been unable to present my case. My latest appeal was submitted to the 9th Circuit Court of Appeals since January of 2012. 

The American basic constitutional right for a jury of peers  to determine what the facts are, and an impartial court to apply the law, has been denied to this American citizen. The Wall Street Banks have been rewarded for violating the law, by stealing my home, which of course caused the failure of my home based business 'Residential Fire Sprinklers'  which cut off any income and left me homeless. The wrong doers had  eviscerated and reset my life.  

On February 24th 2003 at a hearing about this violation of law, the court, finally, takes action and certainly seemed to understand the facts and recognition that this was a violation of bankruptcy law.   The court continued the hearing to March 6, 2003.

My nephew, Judge Rodgers, and I  were buoyed at the hearing and drove back to the Dynasty Suites at the west end of 6th St in Corona with hopes high.  So certain were we that this nightmare would end on March 6th 2003, that the night before the hearing, on March 5, 2003 we went to the Cask and Cleaver, the best steak house in Corona, for steak and lobster.  We reasoned that we should celebrate this long nightmare coming to an end. We believed that tomorrow night we would be too busy renting a truck from U Haul and begin moving all of my goods, personal and business, back from Dollar Storage( who would enter the litigation a year later) to the house at 861 W. Crestview St. two and a half miles away.  We had notified my attorney Louis Bruno in Escondido, and he said he would make the trip to Riverside. This was a good sign as well, I owed Lou money for prior legal work and although not a bankruptcy  attorney he did his best to help, and perhaps he smelled a victory strong enough to make the long trip.

It should be noted that I believed Diane Weifenbach and her law firm were still the attorneys for Chase and Ocwen and gave  telephonic notice to Diane Weifenbach the Friday before the February 24th hearing,, she did not show up, and I learned that the bank had changed legal representation, to Houser and Allison, an Orange County partnership, although  her firm was still the trustee and fully accountable for the violations of law for violating the automatic stay, and failing to return title after that. and lying to the court and collecting on a deed they had no legal interest in for the last year and a half. All the bank had to do was record a rescission of the illegal deed they recorded 16 months earlier, (which would have allowed my approved refinance to complete) but without judicial consequences instead decided to double down, and hold  another sale.

Two days after the new buyer  gained possession in state court, the trustee (DRW)  finally rescinded the the O'Neal deed, which gave clear title to the new buyer. In 2006 Dreyfuss, Ryan , and Weifenbach quietly liquidated the firm under Chapter 7 of the bankruptcy code. 

March 6, 2003    

3 PM Riverside Bankruptcy Court  

Full of hope, our spirits were high. Finally, these wrongs would be righted and this long nightmare would be over. Justice will reign supreme, our nation of laws would prevail. The average citizen can bring even the largest banks into court for their illegal acts. Yes, this is what I learned about justice and government in High School.  

According to Mike Hudson, in his revelatory book, 'TheMonster - How a gang of predatory lenders and  Wall Street bankers fleeced America- And spawned a global crisis' which describes how I got caught in this 'gathering storm of loan securitization'  Roland Arnell (founder of Ameriquest) become a billionaire on these toxic loans. William Erbey (founder of Ocwen has found this industry  very profitable, today worth 2.8 Billion dollars putting him at number 287 of Americas 400 richest American's, yet his company has amasses over 140,000  federal legal actions against them. (source: US Pacer) Home loans and servicing those loans were the method these crooks used  home loans were handled by Wall Street  after unscrupulous loan originators made it quite easy to get a loan for millions of Americans. 

Climbing the steps at the court, we were thinking of Paul Newman in "The Verdict" with its rallying verdict, but instead got the Frank Sinatra thriller "The Manchurian Candidate"  
from the actions of the court.

When we walked into the courtroom Diane Weifenbach  was already in the courtroom. 

The bloody details of  March 6, 2003

Chase and Ocwen, not to mention the perfidious trustee, were let off the hook, for their actions which cost me everything.  The court rewarded the law breakers, and denied me justice who had broken no laws. Astounding !

This is what launched my pro-se (self represented) quest for justice.  I have lost every appeal so far, save for the case involving Dollar Storage in 2006. Over the last decade. 3 different times I appealed all the way to the United States Supreme Court. 

 I'm still waiting for that opportunity to state my case.

 I refuse to give up.   

'Success is going from one failure to the next without loss of enthusiasm'  
Winston Churchill 

Praying for justice  


1 comment:

  1. Gary, I'm serious. Foward this to the Justice Dept. in Washington D.C.
    What have you got to lose. They have already taken your home unlawfully & your health. Lee