The day my life changed

March 6, 2003

The Day my life changed !

This was the continued hearing from 10 day's earlier on February 24, 2003. It seemed that at last, these lawbreaking bankers would have to answer for their unlawful behavior - secretly transferring title -  which prevented me from getting a new loan on my home after these same bankers convinced the judge to dismiss my bankruptcy case, arguing that I was in 'bad faith' while I tried to guide my new company, Residential Fire Sprinklers, into profitability.

On the night before the scheduled hearing we were so confident that things would get straightened out in court the next day, that my nephew Judge, and I threw back an early celebratory shot of Crown Royal at the Dynasty Inn on west 6th Street in Corona,  went to dinner at the Cask & Cleaver at Lincoln on the 91 Freeway, and dined on steak and lobster. We reasoned that the following night we would be busy renting a U-Haul and moving all the household and business goods from the two units at Dollar Storage, that we had moved into 17 days earlier which was also right here on Lincoln and would not have time to celebrate the ending of this two  year nightmare. I really did not consider the old adage about counting hatched chickens. 

During the ten day wait I notified attorney Louis Bruno in Escondido, who perked up when I told him about the February 24th 2003 hearing. I had not been able to pay him since my initial retainer, back in November of 2001, and he had represented be in state court through 2002. Lou informed me he would make the trip up from Escondido, hoping this was not another legal dead end!

We entered the courtroom and met the bankers, Manchurian Candidate, posing as the honorable Meredith Jury.

Also in court today, who was not at the February 24th hearing was the perfidious Diane Weifenbach, new partner of the Orange County law firm Dreyfuss, Ryan and Weifenbach,  and former attorney for Chase Manhattan and Ocwen Federal Bank FSB throughout for the last two years.  This firm was replaced in  November of 2002 by new attorney's for Chase Manhattan and Ocwen Federal Bank FSB, Houser & Alison. 



Transcript      

The Transcript from the continued hearing held on March 6th 2003 at 3 pm in Riverside California 


After the hearing Judge, Bruno and I stood on the courtroom steps, bewildered, wondering what had just happened. Little did I know that a decade later, and two trips to the United States Supreme Court, I would still be fighting for a court hearing to have my grievances heard.

My hope now is again at the 9th Circuit Court of Appeals Case 11-60039 

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