It was the Presidents Day weekend February 17, 2003 and the first eviction of my life!
For the past 3 months I had been in a continuing legal battle with Ocwen, the service agent for Chase Manhattan. I was unable to refinance my home of 26 years, because Ocwen had issued a deed, to a third party during my 2001 bankruptcy proceeding. The deed was recorded with the county recorder, and only Ocwen or Chase could rescind this deed. The bankruptcy court was never informed of these violations of law.
Then the banks, Chase/Ocwen, who had the same attorney, successfully argued to have my case dismissed. After being approved for a new loan with Indy Mac bank, the loan could not close because of the title issue. Ocwen quickly resold my property to a real estate investor, who quickly flipped it
As my financial resources dwindled, my two attorneys; Clay Presley for bankruptcy, and Louis Bruno, a consumer attorney from Escondido, finally had let go, and move on to paying clients. Bruno in particular helped as long as he could, never paid beyond our original retainer of $3,000.
On November 21, 2002, I alerted the court with a pleading describing the unlawful actions by Ocwen but the court dismissed it.
I recall after the March 6, 2003 dismissal of my case, standing outside, on stairs to the court when Bruno's wife quipped that Judge Judy could resolve this case quickly. We all laughed, but in retrospect, we had no idea of just how right she was.
For the next 12 years, these corporate defendants have employed a strategy of attrition against their cellular based opponent.
Now, what I had dreaded most was here, February 17, 2003, the date on the eviction order posted on my door, and now, on the Presidents Day holiday, the beast had arrived. and it was really happening, I was in numb and in shock as I watched half of my life packed up and taken out. There was no room for my airplane in the two units, so Jose Hernandez, a supervisor for my company, who also had a big back yard, offered to let me keep it at his home. N501S Serial # 1, was moved to San Jacinto.
I watched, sadly, as my friends and employees, moved all of my possessions into a large U-Haul truck and then to two units at Dollar Self Storage about two miles away. Load after Load, into the night. I could not lend any assistance, since my left side was barely functional, still recovering from a disabling stroke I had suffered in December.
It was particularly frustrating for me since the eviction was unlawful. The now, infamous, Ocwen, issued a trustee's deed to a third party. Never informing the bankruptcy court about the transferred deed, this recorded deed prevented me from re financing the home. Even after the eviction, I believed it would only be a matter of days, for the court to hear my case, and straighten this mess out.
At a hearing on February 24th 2003, the court seems to 'get it' acknowledging the violation of 11 USC 362(a) , or "automatic stay"
But ten days later March 6, 2003 the judge, with the influence of Diane Weifenbach, dismissed my case with prejudice! Diane used to be the attorney for both companies, and became a full parner, as the trustee, Cameron & Dreyfuss, morphed into 'Dreyfuss, Ryan, and Weifenbach'
I watched, sadly, as my friends and employees, moved all of my possessions into a large U-Haul truck and then to two units at Dollar Self Storage about two miles away. Load after Load, into the night. I could not lend any assistance, since my left side was barely functional, still recovering from a disabling stroke I had suffered in December.
It was particularly frustrating for me since the eviction was unlawful. The now, infamous, Ocwen, issued a trustee's deed to a third party. Never informing the bankruptcy court about the transferred deed, this recorded deed prevented me from re financing the home. Even after the eviction, I believed it would only be a matter of days, for the court to hear my case, and straighten this mess out.
At a hearing on February 24th 2003, the court seems to 'get it' acknowledging the violation of 11 USC 362(a) , or "automatic stay"
But ten days later March 6, 2003 the judge, with the influence of Diane Weifenbach, dismissed my case with prejudice! Diane used to be the attorney for both companies, and became a full parner, as the trustee, Cameron & Dreyfuss, morphed into 'Dreyfuss, Ryan, and Weifenbach'
I won’t bore you with the details of the next twelve years of legal strife. But through all of the appeals, motions, petitions, and two appeals to the US Supreme Court, I still have never been given an opportunity to plead my case. A speeding ticket can get you a trial to dispense justice, but I, who has been financially destroyed, cannot even get into court to hear my complaint. Amazing !
All I wanted was a judicial forum to give me an opportunity to make my claim, show my proof, and bring the law breakers to justice.
The bankruptcy court insists it has no jurisdiction, although during the last decade many precedent binding opinions have ruled otherwise.
The bankruptcy court insists it has no jurisdiction, although during the last decade many precedent binding opinions have ruled otherwise.
The 9th Circuit Bankruptcy Appellate Panel, BAP, who had reversed the same court and judge in another 2004 bankruptcy case against Dollar Storage for violations of the same law. but now, a decade later,Judge Jury is a senior member of that seven member BAP panel, who denied my petition for assistance in May 2011 and is the subject of my appeal to the 9th Circuit Court of Appeals.
This is the third time, I have been before the 9th Circuit Court of Appeals, 2003, 2008, 2009, It's the fourth, if you count my petition for mandamus relief, in 2009. but this time is a little different. My first , 2003 appeal took 19 months for a decision, In 2009 it summarily dismissed in two months by Chief Justice, at that time Alex Kozinski, who ruled against me.
Now, I filed my Appellants Informal Opening Brief on Jan 5, 2012
The banks (Chase / Ocwen) did not file an answering response, to my January 5, 2012 Appellants Informal Opening Brief, by their deadline February 6, 2012.
Ten full months later, in October 2012 the court issued an order that ordered that within 14 days from the date on the order, the bank should file their response to my opening brief, and a motion to request a late filing, or a letter indicating that no response would be filed. If the banks failed to obey the order, the court asserted that the court may not allow them to argue during oral arguments.
Again, the banks, Chase and Ocwen, ignored the courts order and filed nothing! I wondered if, as a pro-se litigant, I would enjoy such courtesy, and special treatment if I was 10 months late of a deadline.
Since the date of that order, October 2012, nothing else has been filed. My notice of appeal was June 20, 2011, and no oral arguments were ordered. I have far exceeded the time estimates posted on an FAQ, on the 9th Circuit Court of Appeals website for estimates on an appeals processing time
My high school government teacher, Richard Gertsen, never taught this side of the American government and experience.
I am simply amazed that today, in America, a man can lose his home and business by the unlawful act of another, and not be given an opportunity to state his complaint, show his proof, and have a judge apply the applicable law. Now for over 12 years !
Thanks for all your support,
Gary
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