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The Florida Bar

John F. Harkness, Jr.


Executive Director

Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323

(954) 835-0233
www.FLORIDABAR.org

September 20,2016
Mr. Neil J. Gillespie
8092 S.W. 115th Loop
Ocala, FL 34481
Unlicensed Practice of Law Investigation of Stephel1 Michael Allgood
UPL File No. 20171020(17C)

Re:

Dear Mr. Gillespie:


Your emailed correspondence to John F. Harkness, Jr. regarding Michael Allgood was forwarded
to nlY office in the Unlicensed Practice of Law Department because Mr. Allgood is not a
member of The Florida Bar. I have opened the above-referenced file at staff level to review your
complaint for possible unlicensed practice of law.
Thnak you for bringing this matter to the attention of The Florida Bar. You will be notified of
the final disposition.
Sincerely,
.r-;:::::>

r---J

~~~-;;;._._
..- -.

Algeisa Vazquez, Esq.


Branch UPL Counsel
AV/drk

VIA U.P.S. No. 1Z64589FP293085765


Email: jharkness@flabar.org

September 16, 2016

John F. Harkness, Jr.


Executive Director
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
RE: Bar Complaint, and UPL complaint, against Michael Allgood, not a member of The
Florida Bar, Rule 4-5.1 Responsibilities of Partners, Managers, and Supervisory Lawyers
Dear Mr. Harkness:
This is a complaint against Michael Allgood who is not a member of The Florida Bar, and
not licensed to practice law in Florida, but nonetheless is the Director of the Florida Foreclosure
Group since 2013 for McCalla Raymer Pierce, LLC, according to his webpage, found online at
this URL, and enclosed as a paper copy. http://www.mrpllc.com/attorneys/allgood-michael.html
Michael Allgood, Director of the Florida Foreclosure Group
McCalla Raymer Pierce, LLC
110 S.E. 6th Street, Suite 2400
Fort Lauderdale, FL 33301
Tel: 954-332-9395
Email: Michael.Allgood@mrpllc.com
Email: mka@mccallaraymer.com
Mr. Allgood claims he is a graduate of the Georgia State University College of Law 2005
It appears Mr. Allgood would be governed, if he was licensed, by Rule 4-5.1 Responsibilities of
Partners, Managers, and Supervisory Lawyers, because as Director of the Florida Foreclosure
Group for McCalla Raymer Pierce, LLC, he directs, manages, and supervises Florida licensed
lawyers including Curtis Allen Wilson, FL Bar ID 77669, a lawyer who represents Reverse
Mortgage Solutions, Inc., in a foreclosure against me of a federal Home Equity Conversion
Mortgage, called a HECM, or reverse mortgage, Reverse Mortgage Solutions, Inc. vs. Neil J.
Gillespie, et al, Case 2013-CA-00115, Marion County Florida, Fifth Judicial Circuit.
His webpage says Mr. Allgood has been the Director of the Florida Foreclosure Group since
2013, which coincides with the foreclose against me that commenced in January 2013.
Unfortunately McCalla Raymer lawyers representing RMS have engaged in misconduct.
Therefore, Allgood would have responsibility under Rule 4-5.1, if he were licensed in Florida.
Mr. Allgood did not respond to my email inquiry sent Thursday, September 15, 2016 at 2:39 AM
asking if he is a member of The Florida Bar. My email and attachments to Allgood is enclosed.

The Florida Bar


Complaint - Michael Allgood

September 16, 2016


Page - 2

RULE 4-5.1 RESPONSIBILITIES OF PARTNERS, MANAGERS, AND


SUPERVISORY LAWYERS
(a) Duties Concerning Adherence to Rules of Professional Conduct. A partner in a law
firm, and a lawyer who individually or together with other lawyers possesses comparable
managerial authority in a law firm, shall make reasonable efforts to ensure that the firm
has in effect measures giving reasonable assurance that all lawyers therein conform to the
Rules of Professional Conduct.
(b) Supervisory Lawyer's Duties. Any lawyer having direct supervisory authority over
another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to
the Rules of Professional Conduct.
(c) Responsibility for Rules Violations. A lawyer shall be responsible for another
lawyer's violation of the Rules of Professional Conduct if:
(1) the lawyer orders the specific conduct or, with knowledge thereof, ratifies the conduct
involved; or
(2) the lawyer is a partner or has comparable managerial authority in the law firm in
which the other lawyer practices or has direct supervisory authority over the other
lawyer, and knows of the conduct at a time when its consequences can be avoided or
mitigated but fails to take reasonable remedial action.
Enclosed is my letter to Gary G. Lynch, Vice Chairman, Bank of America, September 15, 2016,
with and enclosures, limited by TFBs 25 page limit. The full 46 page letter is posted on Scribd.
https://www.scribd.com/document/324263671/Letter-to-Gary-G-Lynch-Vice-Chairman-Bank-of-America

As shown in my letter to Mr. Lynch, The Florida Bar opened complaints against Danielle Nicole
Parsons, FL Bar ID 29364, and her paralegal Yolanda Martinez, see,
The Florida Bar File No. 2014-30,525 (9A), Neil Gillespie v. Danielle Nicole Parsons
The Florida Bar UPL Investigation 20143031(9A) of paralegal Yolanda Martinez
My complaints alleged, inter alia, that Parsons engaged in ex parte communication with US
Judge William Terrell Hodges and/or US Magistrate Judge Philip R. Lammens and concocted
through paralegal Martinez a plan to deprive me of a Rule 55 Default Judgment.
The UPL committee determined paralegal Martinez acted at the direction of Parsons, and closed
my complaint against Martinez. Patricia Ann Toro Savitz prosecuted Parsons, but over a year
into the investigation, closed the case stating the trial judge (Judge Hale Stancil) should decide
the matter. This is contrary to the Rules Regulating The Florida Bar, and Article V, Section 15 of
the Florida Constitution, which states,

The Florida Bar


Complaint - Michael Allgood

September 16, 2016


Page - 3

SECTION 15. Attorneys; admission and discipline.The supreme court shall have
exclusive jurisdiction to regulate the admission of persons to the practice of law and the
discipline of persons admitted.
Judge Hale Stancil is not a justice of the Florida Supreme Court. So I take that to mean Article
V, Section 15 is a bunch of nonsense. Regulatory capture means any Tom, Dick or Harry with
sufficient political clout puts the Supreme Court of Florida in the position of a marionette.
I also made a complaint against Curtis Allen Wilson, FL Bar ID 77669 to The Florida Bar, see
Request For Assistance (RFA) No. 15-13443, Gillespie v. Wilson. That was wrongly dismissed
too. I plan to submit too more complaints against Mr. Wilson. There is also my outstanding
criminal complaint against Wilson and Parsons with Brad King, State Attorney, Fifth Circuit. I
plan a response to ASA Mark Simpson who wrongly dismissed the complaint on SOL.
So it appears that Michael Allgood, Director of the Florida Foreclosure Group for McCalla
Raymer Pierce, LLC since 2013 has directed if not orchestrated the misconduct of Wilson and
Parsons in the foreclosure case against me.
Under penalties of perjury, I declare that the foregoing facts are true, correct and complete.
Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
Enclosures

Page 1 of 1

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

"Neil Gillespie" <neilgillespie@mfi.net>


<Michael.Allgood@mrpllc.com>
"Harkness, John F" <jharkness@floridabar.org>; <Jane.Bond@mrpllc.com>; "Neil Gillespie"
<neilgillespie@mfi.net>
Thursday, September 15, 2016 2:39 AM
Curtis Alan Wilson (Bar# 77669).pdf; Michael Allgood, Director of the Florida Foreclosure Group,
McCalla Raymer Pierce, LLC.pdf
Mr. Allgood, are you a member of The Florida Bar? If so, provide your FL Bar ID number so I can
review your profile on The Florida Bar directory

9/16/2016

Michael Allgood, Director of the Florida Foreclosure Group


McCalla Raymer Pierce, LLC
Email: Michael.Allgood@mrpllc.com
Office: Fort Lauderdale, FL
Tel: 954-332-9395
Dear Mr. Allgood:
Are you a member of The Florida Bar? If so, provide your FL Bar ID number so I can review
your profile on The Florida Bar directory.
McCalla Raymer Pierce, LLC changed its name 06/29/2016. However TFB profile for Curtis
Allen Wilson, FL Bar ID 77669 shows McCalla Raymer, LLC, see attached. Is that correct?
Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
http://www.mrpllc.com/attorneys/allgood-michael.html
Mr. Allgood is the Director of Operations for McCalla Raymers Florida Foreclosure Group. He
has a strong background in real estate title matters and both judicial and non-judicial foreclosure.
Mr. Allgoods practice also includes extensive experience related to both title examination and
title curative work.
Mr. Allgood graduated cum laude from Georgia State University College of Law in 2005 where
he was an intern at the Georgia State Tax Clinic and he received the Paul D. Coverdell Clinic
Service Award as well as CALI awards for Basic Federal Taxation II and Tax Clinic. Upon
graduating, Mr. Allgood joined the law firm of Morris, Schneider and Prior as a title examiner
from 2006-2007. In 2007, Mr. Allgood joined McCalla Raymer in their Georgia office focusing
on Georgia Foreclosure and Title Clearance. He was named the Director of the Florida
Foreclosure Group in 2013.
Georgia, 2005
Cc: Mr. John F. Harkness, Executive Director, The Florida Bar
Email: jharkness@flabar.org
Cc: Jane E. Bond, FL Bar ID 817244
Email: Jane.Bond@mrpllc.com

http://www.mrpllc.com/attorneys/allgood-michael.html
(http://www.mccallaraymer.com)

(/./)

(/media/k2/items/cache
/62fb5f1024529266c6e71c0c0c9ddb3c_XL.jpg)

Practice Areas
Foreclosure & Title Clearance

Education
Georgia State College of Law (J.D.
cum laude, 2005) University of
Florida
(B.S.
in
Business
Administration, 1995)

Tel #:(954) 332-9395

http://www.mrpllc.com/attorneys/allgood-michael.html

FAX #: (770) 643-3521

Download
(/index.php?option=com_k2&
id=123_a03ab4eb751a8df3
lang=en&task=download&vi
Michael.Allgood@mrpllc
(mailto:Michael.Allgood@mr

Mr. Allgood is the Director of Operations for McCalla Raymers Florida Foreclosure Group. H
background in real estate title matters and both judicial and non-judicial foreclosure. Mr. All
also includes extensive experience related to both title examination and title curative work.

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RULE 4-5.1 RESPONSIBILITIES OF PARTNERS, MANAGERS, AND SUPERVISORY LAWYERS


4 RULES OF PROFESSIONAL CONDUCT
4-5 LAW FIRMS AND ASSOCIATIONS

RULE 4-5.1 RESPONSIBILITIES OF PARTNERS, MANAGERS, AND SUPERVISORY LAWYERS


(a) Duties Concerning Adherence to Rules of Professional Conduct. A partner in a law firm, and a lawyer who individually or
together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that
the firm has in effect measures giving reasonable assurance that all lawyers therein conform to the Rules of Professional Conduct.
(b) Supervisory Lawyer's Duties. Any lawyer having direct supervisory authority over another lawyer shall make reasonable
efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct.
(c) Responsibility for Rules Violations. A lawyer shall be responsible for another lawyer's violation of the Rules of Professional
Conduct if:
(1) the lawyer orders the specific conduct or, with knowledge thereof, ratifies the conduct involved; or
(2) the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices or has
direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or
mitigated but fails to take reasonable remedial action.
Comment
Subdivision (a) applies to lawyers who have managerial authority over the professional work of a firm. See terminology. This
includes members of a partnership, the shareholders in a law firm organized as a professional corporation, and members of other
associations authorized to practice law; lawyers having comparable managerial authority in a legal services organization or a law
department of an enterprise or government agency, and lawyers who have intermediate managerial responsibilities in a firm.
Subdivision (b) applies to lawyers who have supervisory authority over the work of other lawyers in a firm.
Subdivision (a) requires lawyers with managerial authority within a firm to make reasonable efforts to establish internal policies and
procedures designed to provide reasonable assurance that all lawyers in the firm will conform to the Rules of Professional Conduct.
Such policies and procedures include those designed to detect and resolve conflicts of interest, identify dates by which actions must
be taken in pending matters, account for client funds and property, and ensure that inexperienced lawyers are properly supervised.
Other measures that may be required to fulfill the responsibility prescribed in subdivision (a) can depend on the firm's structure and
the nature of its practice. In a small firm of experienced lawyers, informal supervision and periodic review of compliance with the
required systems ordinarily will suffice. In a large firm, or in practice situations in which difficult ethical problems frequently arise,
more elaborate measures may be necessary. Some firms, for example, have a procedure whereby junior lawyers can make
confidential referral of ethical problems directly to a designated supervising lawyer or special committee. See rule 4-5.2. Firms,
whether large or small, may also rely on continuing legal education in professional ethics. In any event the ethical atmosphere of a
firm can influence the conduct of all its members and the partners may not assume that all lawyers associated with the firm will
inevitably conform to the rules.
Subdivision (c) expresses a general principle of personal responsibility for acts of another. See also rule 4-8.4(a).

http://www.floridabar.org/divexe/rrtfb.nsf/FV/AD1B3AE318918BEA85257171007334D8

Subdivision (c)(2) defines the duty of a partner or other lawyer having comparable managerial authority in a law firm, as well as a
lawyer having supervisory authority over performance of specific legal work by another lawyer. Whether a lawyer has such
supervisory authority in particular circumstances is a question of fact. Partners and lawyers with comparable authority have at least
indirect responsibility for all work being done by the firm, while a partner or manager in charge of a particular matter ordinarily also
has supervisory responsibility for the work of other firm lawyers engaged in the matter. Appropriate remedial action by a partner or
managing lawyer would depend on the immediacy of that lawyer's involvement and the seriousness of the misconduct. A supervisor
is required to intervene to prevent avoidable consequences of misconduct if the supervisor knows that the misconduct occurred.
Thus, if a supervising lawyer knows that a subordinate misrepresented a matter to an opposing party in negotiation, the supervisor as
well as the subordinate has a duty to correct the resulting misapprehension.
Professional misconduct by a lawyer under supervision could reveal a violation of subdivision (b) on the part of the supervisory
lawyer even though it does not entail a violation of subdivision (c) because there was no direction, ratification, or knowledge of the
violation.
Apart from this rule and rule 4-8.4(a), a lawyer does not have disciplinary liability for the conduct of a partner, shareholder,
member of a limited liability company, officer, director, manager, associate, or subordinate. Whether a lawyer may be liable civilly
or criminally for another lawyer's conduct is a question of law beyond the scope of these rules.
The duties imposed by this rule on managing and supervising lawyers do not alter the personal duty of each lawyer in a firm to
abide by the Rules of Professional Conduct. See rule 4-5.2(a).
[Revised: 05/22/2006]

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September 15, 2016


Gary G. Lynch, Vice Chairman
Bank of America Corporate Center
100 North Tryon Street
Charlotte, NC 28255
VIA UPS No. 1Z64589FNW92116132

CORRECTED
Gary G. Lynch, Vice Chairman
Bank of America Corporation
One Bryant Park
115 West 42nd Street
New York, New York 10036
VIA UPS No. 1Z64589FNW91448946

Dear Mr. Lynch:


This letter concerns a number of legal matters with Bank of America, and its regulatory capture
of the public and private sectors, that prevent me from getting a fair resolution in the American
legal system. This letter is a notice. I plan to provide additional information as soon as possible.
This is a request to communicate by email as a reasonable disability accommodation.
The enclosed List of Financial Interests shows Bank of America for Senior United States District
Judge William Terrell Hodges, as emailed to Bank of America Investor Relations. Judge Hodges
refused to recuse in Reverse Mortgage Solutions, Inc., v. Neil J. Gillespie, et al, U.S. District
Court, Middle District of Florida, Case No: 5:13-cv-00058-oc-WTH-PRL, for a HECM reverse
mortgage, BofA Account No.: 68011002615899, FHA Case Number: 091-4405741.
Judge Hodges is the epitome of regulatory capture, and criminality on the federal bench. His IFP
rulings in my case were overturned by default by the U.S. Supreme Court, Petition No. 13-7280.
Regulatory capture is an important campaign issue. My Statement Of Candidacy (for president)
appears on the Federal Elections Commission website. It was accepted by the FEC on September
11, 2016, FEC-1098470, Candidate ID P60022993. A paper copy is enclosed.
Legal matters involving Neil J. Gillespie and Bank of America
1.
Ongoing litigation with Bank of America over a Home Equity Conversion Mortgage
(HECM), a reverse mortgage, see Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et. al,
Case No. 2013-CA-115, Marion County, Florida, Fifth Judicial Circuit. More cases below.
Florida Supreme Court Case No.: SC15-1145; Florida Fifth DCA Case No. 5D15-340.
Bank of America, N.A.
Account No.: 68011002615899

Federal Housing Authority (FHA)


FHA Case Number: 091-4405741

HUD Complaint, HUD Reverse Mortgage Handbook 7610.01, Section 4-19


Consumer Financial Protection Bureau, CFPB Complaint No. 120914-000082
Consumer Financial Protection Bureau, CFPB Complaint No. 140304-000750
Federal Reserve BOG OIG Hotline Complaint against CFPB attorney Gregory Evans
U.S. District Court, Middle District of Florida, Case No: 5:13-cv-00058-oc-WTH-PRL
U.S. Eleventh Circuit, Appeal No. 13-11585-B, granted leave under 28 U.S.C. 1651
U.S. Supreme Court, Petition No. 13-7280, writ of certiorari (denied/prevailed on IFP)

Gary G. Lynch, Vice Chairman, Bank of America


Re: BofA Account No.: 68011002615899

September 15, 2016


Page - 2

2.
Misconduct by Bank of America shareholder Judge William Terrell Hodges, refused to
recuse himself as trial judge in U.S. District Court, M.D. FL, No: 5:13-cv-00058-oc-WTH-PRL.
Misconduct by Plaintiffs Counsel McCalla Raymer n.k.a. McCalla Raymer Pierce, LLC a
Foreign Limited Liability Company (Roswell, Georgia)
Danielle Nicole Parsons, FL Bar ID 29364, and her paralegal Yolanda Martinez
The Florida Bar File No. 2014-30,525 (9A), Neil Gillespie v. Danielle Nicole Parsons
The Florida Bar UPL Investigation 20143031(9A) of paralegal Yolanda Martinez
Note: Danielle Nicole Parsons, FL Bar ID 29364 is no longer employed by Plaintiffs
Counsel McCalla Raymer n.k.a. McCalla Raymer Pierce, LLC.
Curtis Allen Wilson, FL Bar ID 77669 (at least 2 more bar complaints pending)
The Florida Bar, Request For Assistance (RFA) No. 15-13443, Gillespie v. Wilson
Misconduct by Marion County Circuit Judge Hale Ralph Stancil, JQC Docket No. 15-075
Misconduct by David R. Ellspermann, Marion County Clerk of Court & Comptroller
Misconduct by the Marion County Sheriffs Office, inter alia, Detective Erik Dice.
Misconduct by Brad King, State Attorney, Fifth Circuit, and ASA Mark Simpson.
Misconduct by Pam Bondi, Florida Attorney General in Petition No. 13-7280.
Misconduct by U.S. Senator Marco Rubio re Congressional Inquiry.
Misconduct by CFPB attorney Gregory Evans, according to FOIA documents received. Evans
told CFPB investigators that they could not speak with me due to privacy rules. BofA consumer
advocate Chris Pickle aided Evans. Later I learned deceased persons do not have privacy. I made
a complaint about Evans to the Fed-BOG OIG Hotline which has oversight of CFPB employees.
Privacy laws do not protect the privacy of dead people. Dead people do not have privacy rights.
Privacy rights are personal and die with the individual. Nestor v. Posner-Gerstenhaber, 857 So.
2d 953 (Fla. Dist. Ct. App. 3d Dist. 2003), review denied, 869 So. 2d 540 (Fla. 2004). [E]even
where a private confidentiality agreement is otherwise proper, it will not be enforced where its
effect becomes obstructive of the rights of non-parties. See, e.g., Nestor v. Posner-Gerstenhaber,
857 So. 2d 953, 955 (Fla. 3rd DCA 2003); Scott v. Nelson, 697 So. 2d 1300, 1301 (Fla. 1st DCA
1997). Quoted by U.S. Judge John E. Steele in Tardif, Trustee (Jason Yerk) v. PETA, USDC, SD
Fla. Fort Myers Div. Case No. 2:09-cv-537-FtM-29SPC, at the Pacer link,
Case 2:09-cv-00537-JES-SPC Document 179 Filed 11/04/11 Page 14 of 31 PageID 6050
Misconduct by Bank of America consumer advocates of Brian T. Moynihan, CEO and President.
All of the following invoked privacy for the decedent, Penelope M. Gillespie, to block my access
in the HECM reverse mortgage, that includes a Promissory Note bearing my signature. See BofA
Account No.: 68011002615899, FHA Case Number: 091-4405741, RMS No. 68011002615899.
Chris Pickle, Customer Advocate Office of the CEO and President
Jason Powell, Customer Advocate, Office of the CEO and President
Anthony Boney, Customer Advocate, Office of the CEO and President

Gary G. Lynch, Vice Chairman, Bank of America


Re: BofA Account No.: 68011002615899

September 15, 2016


Page - 3

Misconduct by Publix Supermarkets, by and though John Allen Attaway, Jr., Senior Vice
President, General Counsel, and Secretary; and a powerful Florida Bar operative. Attaway
disrupted my access to prescription medication from Publix Pharmacy in retaliation over my
request for my mothers pharmacy records showing her use of Alzheimers drugs, to introduce as
evidence in the reverse mortgage foreclosure. Attaway had Publix Pharmacy drastically increase
the price it charged me for my medications. (except drugs that Publix provides free). Fortunately
I found another pharmacy with even lower prices that I was paying for years at Publix.
3.
Exploitation of an elderly person, Penelope M. Gillespie, my mother, by Bank of
America, N.A., et. al. Enclosed you will find my letter to (former) Sheriff Ed Dean, Marion
County Sheriff, February 15, 2006.The foregoing loans were in response to exploitation by Bank
of America, in one way or another, either covering the exploited funds, or for litigation expenses.
4.
Merits of the Reverse-Mortgage Foreclose Case (enclosed), as stated in my successful
Motion to Disqualify Judge Steven Rogers (Recused)

The Plaintiffs Affidavit of Indebtedness shows one borrower: Penelope Gillespie.


The Plaintiff did not sue the only borrower, Penelope Gillespie.
The Plaintiff did not sue the Estate of Penelope Gillespie.
The Plaintiffs Complaint, paragraph 4: Plaintiff is entitled to enforce the Note and
Mortgage, pursuant to F.S. 673.3011, as the owner and holder of an instrument.
I filed Defenses and Claims in Recoupment - Section 673.3051(1)(a)2, Fla. Stat. lack of legal
capacity of the borrower, that extinguished all equities of redemption. (more defenses exist)
Available: Defenses and Claims in Recoupment - Section 673.3051(1)(a)3, Fla. Stat. Fraud
that induced the obligor to sign the instrument with neither knowledge nor reasonable
opportunity to learn of its character or its essential terms.
The Plaintiff does not have standing to sue anyone. The Plaintiff has not complied with F.S.
702.015(4), Elements of complaint; lost, destroyed, or stolen note affidavit.
The copy of the note that Mr. Harrell says is attached to the Complaint is defective and does
not have anything attached, no alonge, and nothing showing a chain of custody. That copy
was taken from my HUD complaint as an example of wrongdoing, not compliance with law.
A Home Equity Conversion Mortgage, or HECM, is a Federal Housing Administration
(FHA) reverse mortgage program administered by the Secretary, U.S. Department of
Housing and Urban Development, 12 U.S.C. 1715z20 et seq. and 24 C.F.R. Part 206.
Florida is a judicial foreclosure state. The citations to Floridas foreclosure statutes are:
Florida Statutes Sections 702.01 through 702.11, and
Florida Statutes Sections 45.031 through 45.0315.
Chapter 702, Foreclosure of Mortgages and Statutory Liens, is a forward foreclosure statute.
Florida does not have a judicial reverse mortgage foreclose statute. Therefore no jurisdiction.
The response January 26, 2016 of Leslie Jacobs for Attorney General Pam Bondi does not
show jurisdiction of the Florida Courts over a disputed HECM. (Exhibit 6).
RMS letter of September 26, 2013: Date of First Legal Filing: 01/02/2013. HECM
foreclosure must commence within 6 months. 24 C.F.R. 206.125(d)(1). The Plaintiffs First
Legal Filing is past the 6 month commencement 24 C.F.R. 206.125(d)(1). (Exhibit 7)

Gary G. Lynch, Vice Chairman, Bank of America


Re: BofA Account No.: 68011002615899
5.

September 15, 2016


Page - 4

State courts do not have jurisdiction over disputed or contested HECM

A Home Equity Conversion Mortgage, or HECM, is a Federal Housing Administration (FHA)


reverse mortgage program administered by the Secretary, United States Department of
Housing and Urban Development (Secretary or HUD) to enable home owners over 62 years old
access the subject home's equity. 12 U.S.C. 1715z20 et seq. and 24 C.F.R. Part 206.
A HECM does not require a homeowner to make mortgage payments as a conventional
mortgage does. Instead, a HECM does not become due and payable until the last surviving
homeowner dies or no longer lives in the home. 12 U.S.C. 1715-z20(j) Safeguard to prevent
displacement of homeowner. The HECM becomes due and payable in full if a mortgagor dies
and the property is not the principal residence of at least one surviving mortgagor....and no other
mortgagor retains title to the property. 24 C.F.R. 206.27(c).
On information and belief, when a substantial disputed issue of federal HECM law is a
necessary element of the foreclosing Plaintiffs state law claim that a HECM is due and payable,
the U.S. district court has subject matter jurisdiction under 28 U.S.C. 1331 and the U.S.
Constitution, Article III, Section 2 for all cases, in law and equity, arising under this
Constitution, [and] the laws of the United States, and the Due Process Clause of the Fifth
Amendment and Fourteenth Amendment of the Constitution of the United States:
The Constitution states only one command twice. The Fifth Amendment says to the
federal government that no one shall be "deprived of life, liberty or property without due
process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven
words, called the Due Process Clause, to describe a legal obligation of all states. These
words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures. (Cornell Law LII)
http://www.law.cornell.edu/wex/due_process
A property right can be created only by state law. Once a property right is established, the
determination of what process is due before that right can be deprived is a question answered by
the federal Constitution. Kingsford v. Salt Lake City Sch. Dist., 247 F.3d 1123 (10th Cir. 2001).
U.S. Judge Thomas W. Thrash, Jr. in Thompson-El v. Bank of America, 1:12-CV-840TWT, District Court, N.D. GA held in an Order entered December 12, 2012:
Federal question cases are those arising under the Constitution, laws, or treaties of the
United States. 28 U.S.C. 1331 A case arises under federal law if federal law creates
the cause of action, or if a substantial disputed issue of federal law is a necessary element
of a state law claim. Pacheco de Perez v. AT&T Co., 139 F.3d 1368, 1373 (11th Cir.
1998) (citing Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for S.
Cal., 463 U.S. 1, 13 (1983)).
6.
About a year ago Reverse Mortgage Solutions, Inc. (RMS), began sending monthly
statements to me addressed to Estate of PENELOPE M. GILLESPIE see enclosed. Previously

Gary G. Lynch, Vice Chairman, Bank of America


Re: BofA Account No.: 68011002615899

September 15, 2016


Page - 5

RMS sent the monthly statements addressed to Penelope M. Gillespie. RMS has refused to
discuss the case with me due to privacy rules.
There is a lot more to my defenses, but time has run out today. Once you provide an email
address for correspondence, I will provide additional information. Thank you.
Sincerely,

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

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

Enclosures

This is a request to communicate by email as a reasonable disability accommodation.


The Social Security Administration determined me disabled since 1992. I am a qualified person
with a disability. I request disability accommodation under the Americans with Disabilities Act
(ADA), as amended, 42 U.S.C. 12181 et. seq, including the ADA Amendments Act of 2008, as
amended, and the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et. seq, including
Section 504 of the Rehabilitation Act, as amended, and Section 508 of the Rehabilitation Act, as
amended. This disability accommodation request also seeks a prohibition against disability
discrimination. Thank you.
Cc: Reverse Mortgage Solutions, Inc.
Name and Address of Current Registered Agent:
CT CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324 US
McCalla Raymer Pierce, LLC
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
Cc: Reverse Mortgage Solutions, Inc.
McCalla Raymer Pierce, LLC
Jane E. Bond, Owner/Member
Email: Jane.Bond@mrpllc.com
225 E. Robinson St. Suite 155
Orlando, FL 32801

Senior United States District Judge William Terrell Hodges


List of Financial Interests

Bank of America

Page 1 of 1

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

"Neil Gillespie" <neilgillespie@mfi.net>


<i_r@bankofamerica.com>
"Neil Gillespie" <neilgillespie@mfi.net>
Tuesday, April 22, 2014 6:44 PM
HodgesInterestList.pdf
conflict of interest inquiry

Bank of America Corporation


Investor Relations
Dear Bank of America,
This is a conflict of interest inquiry to confirm the shareholder status of U.S. Judge Wm. Terrell Hodges
and his List of Financial Interests showing Bank of America. A PDF of Judge Hodges List of Financial
Interests is attached, and may also be found at the link below.
Financial Interests for U.S. Judge Hodges - Bank of America
https://www.flmd.uscourts.gov/judicialInfo/Ocala/HodgesInterestList.pdf
The Honorable Wm. Terrell Hodges
Senior United States District Judge, Ocala Division
United States District Court, Middle District of Florida
Golden-Collum Memorial Federal Building & U.S. Courthouse
207 N.W. Second Street
Ocala, Florida 34475
Telephone: 352-369-4860
Judicial information for U.S. Judge Hodges
https://www.flmd.uscourts.gov/judicialInfo/Ocala/JgHodges.htm
Judge Hodges resides in Gainesville, Florida.
Thank you in advance for the courtesy of a response.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net

9/15/2016

Page 1 of 1

Neil Gillespie
From:
To:
Sent:
Attach:
Subject:

"Neil Gillespie" <neilgillespie@mfi.net>


"Neil Gillespie" <neilgillespie@mfi.net>
Tuesday, April 22, 2014 6:45 PM
ATT00045.txt
Read: conflict of interest inquiry

This is a receipt for the mail you sent to


<i_r@bankofamerica.com> at 4/22/2014 6:44 PM
This receipt verifies that the message has been displayed on the recipient's computer at 4/22/2014 6:45
PM

9/15/2016

https://webforms.fec.gov/webforms/form2/final.htm

HOME / ELECTRONIC FILING / ONLINE FILING / ONLINE WEBFORMS / FORM 2 / COMMITTEE

ACCEPTED FEC-1098470
The Candidate ID : P60022993

Thank you. Your filing has been successfully submitted to the


FEC.

Click here to view your filing details


Click here to return to Webforms
Commission regulations require Principal Campaign
Committees to register with the FEC by filing a
Statement of Organization (FEC Form 1) no later
than 10 days after designation by the candidate (11
CFR 102.1(a)).
Click here to complete your Form 1

09/11/2016 01 : 52
Image# 201609119030767061

PAGE 1 / 2

FEC FORM 2
STATEMENT OF CANDIDACY
1. (a) Name of Candidate (in full)
Neil J. Gillespie
(b) Address (number and street)

Check if address changed

2. Candidates FEC Identification Number

8092 SW 115th Loop

(c) City, State, and ZIP Code


Ocala

FL

4. Par ty Affiliation

5. Office Sought

P60022993
3. Is This
Statement

34481

New
(N)

OR

Amended
(A)

6. State & District of Candidate

Presidential

UN

DESIGNATION OF PRINCIPAL CAMPAIGN COMMITTEE


7. I hereby designate the following named political committee as my Principal Campaign Committee for the

2016
election(s).
(year of election)

NOTE: This designation should be filed with the appropriate office listed in the instructions.
(a) Name of Committee (in full)

No registered Principal Campaign Committee yet; my home address:


(b) Address (number and street)
8092 SW 115th Loop
(c) City, State, and ZIP Code

FL

Ocala

34481

DESIGNATION OF OTHER AUTHORIZED COMMITTEES


(Including Joint Fundraising Representatives)
8. I hereby authorize the following named committee, which is NOT my principal campaign committee, to receive and expend funds on behalf of my
candidacy.
NOTE: This designation should be filed with the principal campaign committee.
(a) Name of Committee (in full)

(b) Address (number and street)

(c) City, State, and ZIP Code

I certify that I have examined this Statement and to the best of my knowledge and belief it is true, correct and complete.
Signature of Candidate

Neil J. Gillespie

Date

[Electronically Filed]

09/11/2016

NOTE: Submission of false, erroneous, or incomplete information may subject the person signing this Statement to penalties of 2 U.S.C. 437g.

FEC FORM 2 (REV. 02/2009)

PAGE 2 / 2
Image# 201609119030767062
)(&0,6&(//$1(2867(;75(/$7('72$5(32576&+('8/(25,7(0,=$7,21

Form/Schedule: F2N
Transaction ID :

Memo #1: I am a qualified person with a disability. I request disability accommodation under the Americans with
Disabilities Act (ADA), as amended, 42 U.S.C. 12181 et. seq, including the ADA Amendments Act of 2008, as
amended, and the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et. seq, including Section 504 of the
Rehabilitation Act, as amended, and Section 508 of the Rehabilitation Act, as amended. This disability
accommodation request also seeks a prohibition against disability discrimination. Memo #2: I am filing a FEC Form 2:
Statement of Candidacy, but got this message at the end: "Are you sure you want to submit this report electronically?
Filing a Form 1 through this system constitutes an electronic filing. Committees are required to file electronically if total
contributions received or total expenditures made exceed, or are expected to exceed, $50,000 in any calendar year.
Committees who are not required to file electronically, but choose to do so, must continue to file electronically for that
calendar year. 11 C.F.R. 104.18"

Form/Schedule:
Transaction ID:

SHfRD'r-----
Marion County

February 20, 2006

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

Dear Mr. Gillespie:


We received your letter of February 15, 2006 and will be looking into the matter you
described involving your mother, Penelope Gillespie. We will contact you in the near
future regarding our findings.
Sincerely,
ED DEAN, Sheriff

By:

Dan Kuhn, Chief of Staff


Kls

P.o. Box 1987, Ocala, FL 34478

Ph. (352) 732-8181

Civil (352) 620-3606 Emergency Management (352) 622-3205 Jail (352) 351-8077

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Admin #1010

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

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Neil J. Gillespie
8092 SW 115 th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807

VIA US CERTIFIED MAIL


RETURN RECEIPT REQUESTED
ARTICLE NO. 7005 2570 0000 4274 0515
February 15, 2006
Sheriff Ed Dean
Marion County Sheriff
692 NW 3Oth Avenue
Ocala, Florida 34475
Dear Sheriff Dean,
This is a request for an investigation into the exploitation of an elderly person,
Penelope M. Gillespie, my mother. With your background as an attorney, and with your
law enforcement and FBI training, I trust you can competently evaluate this complaint.
Victim: Penelope M. Gillespie, age 75, date of birth, October 29, 1930.
Perpetrators:
1. Bank of America, 7975 SW SR 200, Ocala, FL 34476, telephone: (352) 861-2807,
Penelope D. Kinsey, Branch Manager, and Candice Methvin, Loan Specialist.
2. Elizabeth Bauerle, 6356 SW 106th PI., Ocala, FL 34476-4893, (352) 216-3934.
Synopsis of Exploitation:
Bank of America (BOA) breached its fiduciary duty to Penelope M. Gillespie, a depositor
and customer, when it failed to adequately secure Ms. Gillespie's interest in three
mortgage transactions. Then BOA created false loan documents to facilitate business
financing to Elizabeth Bauerle, Ms. Gillespie's daughter and co-applicant. BOA falsely
labeled the business loan as a home improvement loan in order to avoid the required
business loan documentation. As a result, BOA granted the loan, and Elizabeth Bauerle
promptly lost the $40,000.00 proceeds when the business failed. When she was not able
to make the loan payments, Elizabeth Bauerle sold her house securing the loan and took
$15,559.83 from the settlement rightfully belonging to Penelope Gillespie.

Sheriff Ed Dean
Marion County Sheriff

Page -2
February 15, 2006

Chronology of Events:
1.
On February 7,2000, Cornelius and Penelope Gillespie borrowed $42,800.00
from Bank of America, secured by a mortgage on their home at 8092 SW 115 th Loop,
Ocala. (loan #1, mortgage no. 6167244307). This money was used to purchase a home
for their daughter, Elizabeth Bauerle (nee Gillespie), at 10836 SW 85 th Terrace, Ocala,
because Ms. Bauerle could not get a loan herself. Ms. Bauerle agreed make the monthly
mortgage payments of $325.32 for 30 years. This loan was refinanced on November 19,
2001, and Ms. Bauerle agreed to make the montWy mortgage a payments of $379.57 for
15 years. (loan #2, mortgage no. ?Q.11579906).
2.
Regarding loans #1 and #2 above, Cornelius and Penelope Gillespie failed to
require Ms. Bauerle to sign a note, or encumber the property at 10836 SW 85 th Terrace to
secure their interest. This was due to their lack of financial sophistication, and by a
failure of the Bank of America to perform its fiduciary duty. This situation allowed
Ms. Bauerle to subsequently borrow on the property, and jeopardize my parents security.
3.
On or about May 20, 2004, Elizabeth Bauerle convinced Penelope Gillespie l to
jointly obtain a mortgage on her house at 10836 SW 85 th Terrace for $40,883.92. (loan
#3, mortgage no. 7022788272). The stated purpose of this loan was honle improvement,
roof, siding, etc. The actual purpose of this loan was to purchase a share of the
Crossroads Restaurant and Lounge, 9900 SW State Road 200. This investment was for a
partial share of the business only, and not real estate. It was a highly speculative business
venture with Jinuny O'Neil Francis and Vicki S. Francis. However the Bank of America
disbursement document falsely states that the primary purpose of the loan was for home
improvement, roof, siding, etc. (Exhibit 1). The document falsely states that the specific
purpose of this loan is H/I (home improvement) roof, siding, etc.
4.
The payment for this mortgage was $490.13. (Exhibit 2). When added to the
$379.57 mortgage payment that Elizabeth Bauerle owed on Penelope Gillespie's house,
the combined payment was $869.70. When I asked Ms. Bauerle how she expected to pay
$869.70 a month, she said the money would come from the profits of the restaurant.
Ms. Bauerle's salary in her usual occupations, call center worker, lawn care, and pizza
delivery, could not support this payment. As such, how could the bank justify this loan?
5.
Elizabeth Bauerle recklessly involved Penelope Gillespie in a scam to finance a
restaurant with a loan falsely designated for home improvement. This scam allowed
Elizabeth Bauerle to invest in a business without the usual documentation such as a
business plan, balance sheet, income statement, tax returns, etc. Because the business
could not justify this loan, the loan would have ordinarily been rightfully denied.
The Bank of America breached its fiduciary duty to Penelope Gillespie, because the
bankers knew that this loan was not, in fact, for the purpose of home improvement, but
1

Cornelius Gillespie died on September 17, 2002, age 73

Sheriff Ed Dean
Marion County Sheriff

Page -3
February 15, 2006

was for the purpose of investing in a higWy speculative business. Bank of America
participated in this sham solely to collect the associated fees, and with no regard for
Penelope Gillespie.
6.
Elizabeth Bauerle neglected to conduct due diligence regarding this highly
speculative investment and soon lost all the money. She filed a lawsuit against her
former business partners, Jimmy O'Neil Francis and Vicki S. Francis. (Exhibit 3).
7.
When the business failed and the money was gone, Ms. Bauerle could not make
the monthly payments of $869.70, and was forced to sell her home at 10836 SW 85 th
Terrace. The house sold on December 8, 2004 for $63,000.00, leaving $15,559.83 at
settlement, after loan #3 was paid. (Exhibit 4). This money rightfully belongs to
Penelope Gillespie, and should have been applied to the mortgage on her home at 8092
SW 115 th Loop, loan #2. But Ms. Bauerle kept the $15,559.83 for herself, and deposited
the money in her bank account. (Exhibit 5). Currently Penelope Gillespie has a mortgage
on her home in the amount of$35,325.55, loan #2. Ms. Bauerle should have paid
Penelope Gillespie $15,559.83, reducing the balance of loan #2 to $19,765.72.
My brother Mark Gillespie (Penelope Gillespie's other son) can collaborate the
information that I have provided. This is his contact information:
Mark J. Gillespie
7504 Summer Meadows Drive
Fort Worth, Texas 76123-1979
Telephone: (817) 361-6721
Thank you for considering this complaint.

cc: Mark J. Gillespie


enclosures