In October 2000, I wired the bank $22,823.66 to reinstate my loan based upon their reinstatement quote. Six weeks later, in December 2000, I discovered that the bank had made an addition error. The correct amount was actually $18, 999.25. I called the bank, Ocwen, who serviced the loan for Chase Manhattan, and they said they would "look into it".
Then in January 2001, I received notice, by US Mail, that the trustee had changed and this new trustee had recorded a "Notice of Default" claiming I was $10,539.69 in arrears.
I rescinded the loan under 15 USC 1635 for failing to give me required notices required under TILA. The bank ignored it and proceeded with the foreclosure sale. A week later, in order to stop the sale, I filed for bankruptcy protection and took the petitions to the sale. The auctioneer had just announced the winning bid to the O'Neals. Nevertheless the bank issued a deed to the O'Neals. When my attorney returned from his vacation, he told me he would "straighten it out".
Next I hired another attorney to litigate my TILA rescission, within the auspices of the bankruptcy court. In the first 35 months of the loan, I had already paid over $49,000 on the $116,250 loan, and thus only needed to pay about $67,000 to rescind the loan. Chase attorneys argued successfully that I was playing "fast and loose" and the court agreed and dismissed my case. I quickly got approved for a new loan, but was unable to close it because Chase had never rescinded the O'Neal deed. I was evicted from my home of 26 years on Presidents Day 2003.
This eviction caused the failure of my home based business "Residential Fire Sprinklers" unable to afford professional legal help I have proceeded "Pro-Se" through two complete trips to the United States Supreme Court, the last appeal being denied in February of 2010. I have a new motion before the original bankruptcy court for a hearing, and am waiting for a decision to grant me that hearing. Ozenne vs Chase 01-18618 in the US bankruptcy court, which was filed in November 2009.
An outline of my story was recently told in a new book published last month "The Monster - How a gang of Predatory Lenders and Wall Street Bankers fleeced America- and Spawned a Global Crisis" by Mike Hudson, Times Books Henry Holt and Co.
Good luck to all fighting this monster of greed which has so radically changed our American landscape.
Gary L. Ozenne