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Filing # 34278459 E-Filed 11/10/2015 12:51:49 PM

THIS IS NOT A COMMERCIAL FORCLOSURE


IN THE CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT FLORIDA
IN AND FOR MARION COUNTY
REVERSE MORTGAGE SOLUTIONS, INC.,
Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.

CASE NO.: 2013-CA-000115


42-2013-CA-000115-AXXX-XX
Residential Home Foreclosure
HECM Reverse Mortgage
Florida Homestead of Neil J Gillespie

Defendants.
________________________________________/
DEFENDANT GILLESPIES NOTICE OF CONTEST OF LIEN
Chapter 713, Florida Statutes
TAKE NOTICE: Defendant pro se Neil J. Gillespie, henceforth in the first person, a disabled,
indigent/insolvent non-lawyer, unable to obtain adequate counsel, a vulnerable adult, and a
consumer of legal and court services affecting interstate commerce, gives notice as follows:
1.

Pursuant to Chapter 713, Florida Statutes, et seq., I hereby give notice of contest of lien.

2.

I live at 8092 SW 115th Loop, Ocala, Marion County, Florida (the property) a 55+

community known as Oak Run, developed and managed by the Development and Construction
Corporation of America (DECCA) and Oak Run Associates, LTD, a Florida limited
partnership (ORAL). The property is my primary residence and homestead. (Exhibit A). I have
resided in the property continuously and uninterruptedly since February 9, 2005.
3.

My parents, Cornelius L. Gillespie and Penelope M. Gillespie, bought the property and

constructed a two bedroom retirement home in 1993 for $75,890 cash. I was not in privity to the
purchase of the property, or to any obligations thereto now claimed by DECCA and/or ORAL.

DEFENDANT GILLESPIES NOTICE OF CONTEST OF LIEN


Chapter 713, Florida Statutes

4.

November 10, 2015

Cornelius L. Gillespie and Penelope M. Gillespie were Grantor Trustees of the Gillespie

Family Living Trust Agreement Dated February 10, 1997 (Trust).


5.

I believe the property, Marion County Tax Parcel ID 7013-007-001, was owned by the

Trust from February 10, 1997 until January 14, 2015. Legal description:
Lot(s) 1, Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the Public Records of
Marion County, Florida.
6.

Cornelius L. Gillespie died September 17, 2002.

7.

I became a co-trustee of the Trust February 21, 2006.

8.

Penelope M. Gillespie died September 16, 2009.

9.

I became sole trustee June 12, 2014 after my brother resigned as co-trustee.

10.

Pursuant to my authority as trustee of the Trust, and acting in that capacity, I transferred

the remaining trust property to the beneficiary, myself, on January 14, 2015.
11.

I currently hold title to the property in my name, Neil J. Gillespie.

12.

Pursuant to my authority as trustee of the Trust, and acting in that capacity, I terminated

the Trust as provided by Fla. Stat. 736.0414, and Article V, the Trust. The total fair market
value of the assets of the Trust was zero. The Trust served its intended purpose of transferring
the property to the beneficiary without going through probate.
Fla. Stat. 736.0414 Modification or termination of uneconomic trust. (1) After notice to
the qualified beneficiaries, the trustee of a trust consisting of trust property having a total
value less than $50,000 may terminate the trust if the trustee concludes that the value of
the trust property is insufficient to justify the cost of administration.
13.

Carol M. Olson, Agent for DECCA, and Secretary Treasurer and agent for Oak Run

Associates, LTD, wrongly recorded 4 separate Claim of Liens against me. Among other things,
the Claims of Liens do not correlate to billing by DECCA and/or ORAL. Billing was as shown:
2010 - January through December - 12 bills
2

DEFENDANT GILLESPIES NOTICE OF CONTEST OF LIEN


Chapter 713, Florida Statutes

DECCA
10983 SW 89th Avenue, Ocala, FL 34481
Account no. 02-01744
Penelope Gillespie
8092 SW 115th Loop
Ocala, FL 34481
--------------------------------------------2011 - January through October - 10 bills
DECCA
10983 SW 89th Avenue, Ocala, FL 34481
Account no. 02-01744
Penelope Gillespie
8092 SW 115th Loop
Ocala, FL 34481
-------------------------------------------2011 - November & December - 2 bills
DECCA
10983 SW 89th Avenue, Ocala, FL 34481
Account no. 02-01744
Family Trust Gillespie
Gillespie, Neil J TR Et Al
8092 SW 115TH Loop
Ocala, FL 34481
-------------------------------------------2012 - January through June - 6 bills
DECCA
10983 SW 89th Avenue, Ocala, FL 34481
Account no. 02-01744
Family Trust Gillespie
Gillespie, Neil J TR Et Al
8092 SW 115TH Loop
Ocala, FL 34481
----------------------------------------------2012 - July through December - 6 bills
OAK RUN ASSOCIATES, LTD.
10983 SW 89th Avenue, Ocala, FL 34481
Account no. 02-01744

November 10, 2015

DEFENDANT GILLESPIES NOTICE OF CONTEST OF LIEN


Chapter 713, Florida Statutes

Family Trust Gillespie


Gillespie, Neil J TR Et Al
8092 SW 115TH Loop
Ocala, FL 34481
--------------------------------------------2013 - January through December - 12 bills
OAK RUN ASSOCIATES, LTD.
10983 SW 89th Avenue, Ocala, FL 34481
Account no. 02-01744
Family Trust Gillespie
Gillespie, Neil J TR Et Al
8092 SW 115TH Loop
Ocala, FL 34481
-------------------------------------------2014 - January through December - 12 bills
OAK RUN ASSOCIATES, LTD.
10983 SW 89th Avenue, Ocala, FL 34481
Account no. 02-01744
Family Trust Gillespie
Gillespie, Neil J TR Et Al
8092 SW 115TH Loop
Ocala, FL 34481
-------------------------------------------2015 - January - February - 2 bills
OAK RUN ASSOCIATES, LTD.,
10983 SW 89th Avenue, Ocala, FL 34481
Account no. 02-01744
Family Trust Gillespie
Gillespie, Neil J TR Et Al
8092 SW 115TH Loop
Ocala, FL 34481
---------------------------------------------2015 - March through November - 8 bills
OAK RUN ASSOCIATES, LTD.
10983 SW 89th Avenue, Ocala, FL 34481
Account no. 02-01744
Neil J. Gillespie
4

November 10, 2015

DEFENDANT GILLESPIES NOTICE OF CONTEST OF LIEN


Chapter 713, Florida Statutes

November 10, 2015

8092 SW 115TH Loop


Ocala, FL 34481
14.

On June 23, 2011, Carol M. Olson, Agent for DECCA, wrongly recorded a Claim of Lien

against me in the amount of $2587.06 in the official records of Marion County, recorded in Book
5534/Page772 CFN#2011058981. A copy of the lien appears at Exhibit 1, and states:
Before me, on the 23rd day of June, 2011, personally appeared Carol M. Olson,
Secretary/Treasurer, the agent for Development & Construction Corporation of America
whose address is 10983 SW 89th Avenue, Ocala, FL who does hereby file this Lien
against: the following described real property in Marion County, Florida, 8092 SW 115th
Loop, Ocala, FL known as NBHD 13 Block G Lot 1 within Oak Run owned by Neil J.
Gillespie. This Lien is for unpaid amenities and fines for violations of restrictive
covenants between the period of June 3rd 2010 to June 5th, 2011, in the amount of Two
Thousand Five Hundred Eighty Seven Dollars and Six Cents ($2587.06) with the
monthly charges and fines to increase each month, if not paid.
15.

DECCAs Claim of Lien against me on June 23, 2011 for $2587.06 is wrong as follows:

16.

Name(s) on billing do not match Claim of Lien by DECCA and/or ORAL; see 13
Date of June 3rd 2010 to June 5th, 2011 on Claim of Lien does not match billing.
On June 23, 2011 I (Neil J. Gillespie) did not own the property.
On June 23, 2011 the Trust owned the property.
On June 23, 2011 DECCA was a fictitious name only, not a corporation as claimed,
or any other recognized entity private, business, or government that I could find.
On June 23, 2011 I was not in privity with obligation for unpaid amenities.
On June 23, 2011 I did not know how late charges were assessed by DECCA.
There were no violations of restrictive covenants between the period of June 3rd 2010
to June 5th, 2011 as claimed, that I know of.

On August 2, 2012, Carol M. Olson, Agent for DECCA, wrongly recorded a Claim of

Lien against me in the amount of $6562.24 in the official records of Marion County, Book 5714
/Page 1420 CFN#2012075421. The Claim of Lien appears at Exhibit 2 and states:
Before me, on the 2nd day of August, 2012 personally appeared Carol M. OIson,
Secretary/Treasurer and agent for Development & Construction Corporation of America
whose address is 10983 SW 89th Avenue, Ocala, FL, and who does hereby file this Lien
against the following described real property in Marion County. Florida:
ADDRESS OF PROPERTY: 8092 SW 115th Loop, Ocala, FI34481

DEFENDANT GILLESPIES NOTICE OF CONTEST OF LIEN


Chapter 713, Florida Statutes

November 10, 2015

KNOWN AS PARCEL ID 7013-007-001, LOT 1 BLOCK G OF OAK RUN


NEIGHBORHOOD (13) WOODSIDE TRACT, AS PER PLAT THEREOF,
RECORDED IN PLAT BOOK 002, PAGE(S) 106, INCLUSIVE, OF THE PUBLIC
RECORDS OF MARION COUNTY, FLORIDA.
PROPERTY OWNED BY Gillespie Family Trust / Neil J Gillespie Tr Et AI
This Lien is for unpaid Services Fees and Fines for violations of restrictive covenants,
between the periods of October 5, 2010 to July 31, 2012. in the amount of Six Thousand
Five Hundred and Sixty Two Dollars and Twenty Four Cents ($6562.24) the monthly
charges and fines to increase each month. if not paid.
17.

The Claim of Lien against me on August 2, 2012 for $6562.24 is wrong as follows:

Name(s) on billing do not match Claim of Lien by DECCA and/or ORAL; see 13
Date of October 5, 2010 to July 31, 2012 on Claim of Lien does not match billing.
On August 2, 2012 the Trust owned the property but I was not sole trustee.
On August 2, 2012 DECCA was a fictitious name only, not a corporation as claimed,
or any other recognized entity private, business, or government that I could find.
On August 2, 2012 I was not in privity with obligation for unpaid amenities.
On August 2, 2012 I did not know how late charges were assessed by DECCA.
There were no violations of restrictive covenants between the period of October 5,
2010 to July 31, 2012 as claimed, that I know of.

18.

On August 22, 2013, Carol M. Olson, Secretary Treasurer and agent for Oak Run

Associates, LTD, wrongly recorded a Claim of Lien against me in the amount of $11,445.88 in
the official records of Marion County, Book 5916/Page199 CFN#2013087330. The Claim of
Lien appears at Exhibit 3 and states:
Before me, on the 22nd day of August, 2013 personally appeared Carol M. Olson,
Secretary Treasurer and agent for Oak Run Associates, LTD, whose address is 10983 SW
89 Avenue, Ocala, FL, and who does hereby file this Lien against the following
described real property in Marion County, Florida:
111

ADDRESS OF PROPERTY: 8092 SW 115 Loop, Ocala, FL 34481


1h

KNOWN AS PARCEL ID 7013-007-001, LOT 1, BLOCK G, OF OAK RUN


NEIGHBORHOOD WOODSIDE TRACT, AS PER PLAT THEREOF, RECORDED IN
PLAT BOOK 002, PAGE(S) 106, INCLUSIVE, OF THE PUBLIC RECORDS OF
MARION COUNTY, FLORIDA.
PROPERTY OWNED BY Gillespie Family Trust; Neil J Gillespie Tr; Mark Gillespie Tr

DEFENDANT GILLESPIES NOTICE OF CONTEST OF LIEN


Chapter 713, Florida Statutes

November 10, 2015

This Lien is for unpaid Services Fees and Fines for violations of restrictive covenants,
between the periods of September 15, 2010 to August 21, 2013, in the amount of Eleven
Thousand Four Hundred and Forty Five Dollars and Eighty Eight Cents ($11,445.88) the
monthly charges and tines to increase each month, if not paid.
19.

The Claim of Lien against me August 22, 2013 for $11,445.88 is wrong as follows:

20.

Name(s) on billing do not match Claim of Lien by DECCA and/or ORAL; see 13
Date of September 15, 2010 to August 21, 2013 on Claim of Lien does not match billing.
On August 22, 2013 the Trust owned the property but I was not sole trustee.
On August 22, 2013 the Claim of Lien was to ORAL, not DECCA
On August 22, 2013 I was not in privity with obligation for unpaid amenities.
On August 22, 2013 I did not know how late charges were assessed by DECCA.
There were no violations of restrictive covenants between the period of September
15, 2010 to August 21, 2013 as claimed, that I know of.

On August 22, 2014, Carol M. Olson, Secretary Treasurer and agent for Oak Run

Associates, LTD, wrongly recorded a Claim of Lien against me in the amount of $16,428.05 in
the official records of Marion County, Book 6083 /Page 124 CFN#2014077277. The Claim of
Lien appears at Exhibit 4 and states:
Before me, on the 12th day of August, 2014 personally appeared Carol M. Olson.
Secretary Treasurer and agent for Oak Run Associates, LTD. whose address is 10983 SW
89'" Avenue, Ocala, FL, and who does hereby file this Lien, against the following
described real property in Marion County, Florida:
ADDRESS OF PROPERTY: 8092 SW 115th Loop, Ocala, FL 34481
KNOWN AS PARCEL ID 7013-007-001, LOT 1, BLOCK G, OF OAK RUN
NEIGHBORHOOD WOODSIDE TRACT, AS PER PLAT THEREOF, RECORDED IN
PLAT BOOK 002, PAGE(S) 106, INCLUSIVE, OF THE PUBLIC RECORDS OF
MARION COUNTY, FLORIDA.
PROPERTY OWNED BY Gillespie Family Trust & Neil J Gillespie Tr
This Lien is for unpaid Services Fees and Fines for violations of restrictive covenants.
between the periods of September 15, 2010 to August 11, 2014, in the amount of Sixteen
Thousand Four Hundred and Twenty Eight Dollars and Five Cents ($16.428.05) the
monthly charges and fines to increase each month, if not paid.
21.

The Claim of Lien against me August 12, 2014 for $16.428.05 is wrong as follows:

Name(s) on billing do not match Claim of Lien by DECCA and/or ORAL; see 13
7

DEFENDANT GILLESPIES NOTICE OF CONTEST OF LIEN


Chapter 713, Florida Statutes

22.

November 10, 2015

Date of September 15, 2010 to August 11, 2014 on Claim of Lien does not match billing.
On August 12, 2014 the Trust owned the property.
On August 12, 2014 the Claim of Lien was to ORAL, not DECCA
On August 12, 2014 I was not in privity with obligation for unpaid amenities.
On August 12, 2014 I did not know how late charges were assessed by DECCA.
There were no violations of restrictive covenants between the period September 15,
2010 to August 11, 2014 as claimed, that I know of.

ORAL Secretary Treasurer and agent Carol M. Olson has been uncooperative in

resolving the matter of liens. Beginning February 4, 2015, I emailed Ms. Olsen but got
incomplete responses. My final email to Olsen was March 17, 2015, where I announced:
I am making this request as a consumer for obligations arising from consumer
transactions for my Personal, Family or Household Purposes debt under the federal Fair
Debt Collections Practices Act (FDCPA) as amended by Public Law 104-208, 110 Stat.
3009 (Sept. 30, 1996) 15 U.S.C. 1692 et seq. (links below); and the Florida Consumer
Collection Practices Act, sections 559.55, et seq., Florida
23.

It appears Carol M. Olsen, in cooperation with David R. Ellspermann, Marion County

Clerk of Court & Comptroller, have conspired, contrary to Fla. Stat. section 777.04 Attempts,
solicitation, and conspiracy. to wrongly make me subject to Section 55.03 Florida Statutes,
Judgments; rate of interest, generally, prior to adjudication of this Contest of Lien.
24.

I hereby rescind any prior offers to Carol M. Olsen, DECCA, and/or ORAL. A five page

email chain between me and Carol M. Olsen appears at Exhibit 5, without attachments.
VERIFICATION OF NEIL J. GILLESPIE
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
RESPECTFULLY SUBMITTED November 10, 2015.

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481

Phone: 352-854-7807
Email: neilgillespie@mfi.net

DEFENDANT GILLESPIES NOTICE OF CONTEST OF LIEN


Chapter 713, Florida Statutes

November 10, 2015

SERVICE LIST
DEFENDANT GILLESPIES NOTICE OF CONTEST OF LIEN
Chapter 713, Florida Statutes

November 10, 2015

Certificate of Service I hereby certify that today November 10, 2015 I served the
forgoing to the following names on the Florida E-filing Portal.
Curtis Wilson a/k/a Curtis Alan Wilson
Email: MRService@mccallaraymer.com
Carol M. Olson, Secretary Treasurer and agent for Oak Run Associates, LTD; VP DECCA
Email: colson@deccahomes.com

Neil J. Gillespie

...... _...._- -... -_...-.. --- ---

--- --- ---.-.

DAVID R EUSPERMANN CLERK OF COURT MARION COUNTY

DATE: 02107/2013 03:02:21 PM

FILE #: 2013013720 OR BK 05807 PG 1396

REC 10.00

NOTICE OF HOMESTEAD
To Whom It May Concern:
You are notified that the undersigned NEIL J. GILLESPIE claims as homestead exempt
from levy and execution under Section 4, Article X of the Florida State Constitution, the
following described property:
Lot(s) 1, Block G, OAK RUN WOODSIDE TRACT, according to the Plat

thereof as recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the

Public Records of Marion County, Florida.

Property address: 8092 SW 115th Loop, Ocala, FL 3448


The undersigned certifies, under oath, that he or she has applied for and received the homestead
tax exemption as to the above-described property, that 7013-007-001 is the tax identification
parcel nunlber of this property, and that the undersigned has resided on this property
continuously and uninterruptedly from February 9, 2005 to the date of this Notice of Homestead.

STATE OF FLORlDA
COUNTY OF MARION
The foregoing instrument was acknowledged before me this 7th day of February, 2013 by
NEIL J. GILLESPIE, who is personally known to me.

t:b: ~

Notary Public

.4'ft::.".. CECIUA ROSENBERGER

'S"J l-~ ConmissIon # EE 191610

W.. ,.

.; Expires JLN 6. 2016

8Dn11d11lV_~--"""'"

A
Book5807/Page1396

CFN#2013013720

Page 1 of 1

Page 1 of 5

Neil Gillespie
From:
To:
Cc:
Sent:
Subject:

"Neil Gillespie" <neilgillespie@mfi.net>


"Carol Olson" <colson@deccahomes.com>
"Neil Gillespie" <neilgillespie@mfi.net>; "Mark Gillespie" <mark.gillespie@att.net>
Wednesday, April 08, 2015 11:02 PM
SECOND REQUEST FOR A RESPONSE

SECOND REQUEST FOR A RESPONSE


----- Original Message ----From: Neil Gillespie
To: Carol Olson
Cc: Mark Gillespie ; Neil Gillespie
Sent: Tuesday, March 17, 2015 2:39 AM
Subject: Re: property located at 8092 SW 115th Loop, Ocala, Florida 34481

Carol Olsen, VP Administration


Oak Run Associates, LTD
10983 SW 89th Avenue
Ocala, Florida 34481
RE: Article VI, section 3, page 9.
Dear Ms. Olsen,
Thank you for your response below. Please take notice that Article VI, section 3, page 9 states:
"Section 3. Delinquent Assessments. If any annual assessment or installment thereon is not paid
within thirty (30) days after the due date, a late fee may be charged by the Declarant, and the
Declarant may accelerate the remaining installments of the regular annual assessment for that
calendar year which otherwise would not be due, and declare the entire assessment as to that
delinquent Owner due and payable in full as if the entire amount was originally assessed. Interest
shall accrue on any unpaid assessment whether or not accelerated, at the highest rate allowed by
law. Accounts delinquent in excess of sixty (60) days or those twice delinquent more than thirty
(30) days may be charged for the annual assessment for the next calendar year in advance and
shall be subject to the same collections, lien and foreclosure proceedings as otherwise provided
for herein. No Owner may waive or otherwise escape liability for the assessments provided for
herein by nonuse of the Common Areas, the Recreational Areas, or abandonment of his
Homesite."
The above paragraph does not provide an interest rate, or cite to any legal authority for DECCA and/or
Oak Run Associates, LTD to charge "the highest rate allowed by law", or if any such interest rate and/or
law even exists. The above paragraph is ambiguous, and appears void for vagueness. Thats just my
understanding as a nonlawyer.
Kindly provide the specific interest rate charged by Decca and/or Oak Run Associates, LTD, and the
legal authority relied upon with citation to law.
I am making this request as a consumer for obligations arising from consumer transactions for my
Personal, Family or Household Purposes debt under the federal Fair Debt Collections Practices Act
(FDCPA) as amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996) 15 U.S.C. 1692 et seq.
(links below); and the Florida Consumer Collection Practices Act, sections 559.55, et seq., Florida

5
5/3/2015

Page 2 of 5

Statutes ("FCCPA"). http://www.leg.state.fl.us/statutes/index.cfm?


App_mode=Display_Statute&Search_String=&URL=0500-0599/0559/Sections/0559.55.html
Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collectionpractices-act-text
https://www.law.cornell.edu/wex/fair_debt_collection_practices_act
http://www.federalreserve.gov/boarddocs/supmanual/cch/fairdebt.pdf
http://www.consumer.ftc.gov/articles/0149-debt-collection
http://www.expertlaw.com/library/consumer/fair_debt_collection.html
http://www.nolo.com/legal-encyclopedia/illegal-debt-collection-practices.html
http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/152477/view/topic/Default.aspx
http://www.woodmclaw.com/blog/archives/2006/11/worried_about_t
http://cahoalaw.com/our-firm/publications/legal-articles/federal-fair-debt-collection-practices-act/
www.condo-smart.com/fair-debt-collection-practices-act/
http://www.davis-stirling.com/MainIndex/FairDebtCollection/tabid/1401/Default.aspx#axzz3RQzEF8Ib
http://blogs.sun-sentinel.com/condoblog/2013/01/are-florida-community-association-managers-subjectto-the-fdcpa.html
----- Original Message ----From: Carol Olson
To: 'Neil Gillespie'
Sent: Tuesday, February 24, 2015 9:33 AM
Subject: RE: property located at 8092 SW 115th Loop, Ocala, Florida 34481

Article VI, section 3, page 9.

From: Neil Gillespie [mailto:neilgillespie@mfi.net]


Sent: Tuesday, February 24, 2015 12:54 AM
To: DECCA
Cc: Mark Gillespie; Neil Gillespie
Subject: Fw: property located at 8092 SW 115th Loop, Ocala, Florida 34481

Carol Olsen, VP Administration


Oak Run Associates, LTD
10983 SW 89th Avenue
Dear Ms. Olsen,
After checking, I found the attached three different "covenants and restrictions" and none of them
show "Interest rates accrue on unpaid balances at the highest rate allowed by law" that I could locate.
Two of the "covenants and restrictions" documents are only two pages. The third "covenants and

5/3/2015

Page 3 of 5

restrictions" document is 27 pages. Please provide additional information about this unpaid balance
debt, the terms, and the interest rate. I am making this request under the Fair Debt Collections Practices
Act.
Just so there is no misunderstanding, I do not currently have funds to pay the unpaid balance. Instead, I
plan to either borrow the money from a bank needed to pay the fees due, or promote my existing
GoFundMe once there is a break in my case, which could include matters beyond foreclosure.
http://www.gofundme.com/stop-wrongful-foreclosure
Another possibility is a consumer debt collection action against Bank of America.
See the attached Order in Coniglio v Bank of America, Case 8:14-cv-01628-EAK-MAP, U.S. District
Court, Tampa. The Court awarded default judgment of $1,000,050 October 21, 2014 against Bank of
America, in a consumer debt collection case for violation of the Telephone Consumer Protection Act
of 1991, 47 U.S.C. 227, et seq., ("TCPA"), and the Florida Consumer Collection Practices Act,
sections 559.55, et seq., Florida Statutes ("FCCPA"). If you want the complaint in Coniglio v Bank of
America, please advise and I will provide it to you. I understand the default judgment is on appeal in
the US Eleventh Circuit. I do not know the current status of the appeal. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Neil Gillespie
To: Carol Olson
Cc: Neil Gillespie ; Mark Gillespie
Sent: Thursday, February 12, 2015 12:25 AM
Subject: Re: property located at 8092 SW 115th Loop, Ocala, Florida 34481

Carol Olsen, VP Administration


Oak Run Associates, LTD
10983 SW 89th Avenue
Dear Ms. Olsen,
Thank you for your response. Sorry about my delay in responding. Different aspects of the foreclosure
case have consumed all my time and energy the last couple days.
I regret not being able to make payments as you noted, which is due to indigence, not an unwillingness
to pay. I hope to pay the balance in full as soon as possible, and resume paying the current monthly
assessments.
Your email noted "Interest rates accrue on unpaid balances at the highest rate allowed by law, which is
stated in the covenants and restrictions." Thank you for that information. Can you provide a PDF copy
of the covenants and restrictions? Also, can you clarify interest rates at "the highest rate allowed by
law"? What interest law governs the rate charged? Thank you.

5/3/2015

Page 4 of 5

Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Carol Olson
To: 'Neil Gillespie'
Sent: Monday, February 09, 2015 4:36 PM
Subject: RE: property located at 8092 SW 115th Loop, Ocala, Florida 34481

I am in receipt of your e-mail below and have changed the billing information to reflect the
name change. As to the account for this property, there has been no attempt to make a
payment since 12/05/2010. This has resulted in an account with a current balance of
$19,519.92 as of the January 15, 2015 billing. Interest rates accrue on unpaid balances at
the highest rate allowed by law, which is stated in the covenants and restrictions. Any
agreement to collect the unpaid balance would need to include paying the current monthly
assessments in additional to an agreed amount of the delinquent amount each month until
the unpaid balance is satisfied. Carol Olson, VP Administration

From: Neil Gillespie [mailto:neilgillespie@mfi.net]


Sent: Wednesday, February 04, 2015 10:25 AM
To: DECCA
Cc: Neil Gillespie; Mark Gillespie
Subject: property located at 8092 SW 115th Loop, Ocala, Florida 34481

Carol Olsen, VP Administration


Oak Run Associates, LTD
10983 SW 89th Avenue
Tel. 352-854-6557
Fax 352-861-7252
Dear Ms. Olsen:
This is in response to your letter January 16, 2015 about the barcode addressed to Penelope Gillespie,
8092 SW 115th Loop, Ocala, Florida 34481, see attached.
Ms. Gillespie died September 16, 2009. Please update your records. Previously I notified Decca of
the death of Ms. Gillespie, see attached a PDF copy of March 31, 2011.
Please find attached my Notice of Homestead, recorded in Marion County for the property at 8092
SW 115th Loop, Ocala, Florida 34481. The property is now in my name only, see attached the
Marion County Property Appraisers ownership record for Neil J Gillespie.
The Gillespie Family Living Trust Agreement Dated February 10, 1997 has been terminated, see
attached, Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997,
recorded in Marion County.

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Page 5 of 5

I would like to resolve the outstanding fees owned. As you may be aware, I am in protracted and
costly litigation in the wrongful foreclosure of a HECM reverse mortgage on the property. I rely on
disability income, for which I am grateful, but is not sufficient for protracted litigation. Unfortunately
I have not been able to keep Account no. 02-01744 current. I am open to suggestions you may have
for a situation like this one.
In order for me to assess the correct amount due, please provide the authority Decca relies upon for
charging late fees or interest, however that is defined. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
cc: Mark Gillespie

5/3/2015