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Filing # 74489871 E-Filed 07/05/2018 10:13:00 AM

IN THE SUPREME COURT OF FLORIDA


STATE OF FLORIDA

NEIL J. GILLESPIE, ETC.,

Petitioner(s), CASE NO. SC18-343


Lower Tribunal No(s).:
v. 5D17-2665;
42-2013-CA-000115-CAAXXX
REVERSE MORTGAGE SOLUTIONS, INC.,

Respondent(s).
________________________/

PETITIONER’S AMENDED MOTION FOR REINSTATEMENT

Petitioner Neil J. Gillespie, individually, and as former Trustee (F.S. Ch. 736

Part III) of the terminated Gillespie Family Living Trust Agreement Dated

February 10, 1997 (“Terminated Trust”), an indigent non-lawyer, unable to obtain

adequate counsel, a consumer of legal and court services affecting interstate

commerce, a consumer of personal, family and household goods and services,

consumer transactions in interstate commerce, a person with disabilities, and a

vulnerable adult, age 62 and suffering the infirmaries of aging, henceforth in the

first person, reluctantly appears pro se, and files PETITIONER’S AMENDED

MOTION FOR REINSTATEMENT, and states:

1. On June 18, 2018, this Court entered the Order appearing at Exhibit 1 that

states in relevant part:

APPENDIX C
The petition for review is hereby dismissed on the Court's own motion based
on petitioner's failure to timely file the jurisdictional brief in accordance with
this Court's orders dated March 19, 2018, and May 15, 2018. Any and all
pending motions are hereby denied as moot. If petitioner wishes to seek
reinstatement, the motion for reinstatement must be filed within fifteen days
from the date of this order.

2. In compliance with the Order, fifteen days from June 18, 2018 was July 3,

2018, and around 11:50 PM I was logged on to the Florida Portal filing

Petitioner’s Motion For Reinstatement, but I got an ERROR message when the

Portal could not accept pages 119 and 120 and stopped me from filing. I deleted

the problem pages from Petitioner’s Motion For Reinstatement, and started the

filing process over again, but this issue pushed my filing time past midnight and on

to the next day, July 4, 2018 by almost 7 minutes:

PETITIONER’S AMENDED MOTION FOR REINSTATEMENT


Filing # 74478080 E-Filed 07/04/2018 12:06:58 AM

3. I notified the Hon. John Tomasino, Clerk of the Supreme Court of Florida,

by email on July 4, 2018 at 12:51 AM, about the problem I had filing Petitioner’s

Motion For Reinstatement, with Cc. to the following names:

Curtis Wilson, Esq. Justin R. Infurna, Esq., LL.M


McCalla Raymer Leibert Pierce, LLC The Infurna Law Firm, P.A.

4. My email to the Clerk, with attachments, appears at Exhibit A, and states:


[NOTE: I had to print the bad pages to PDF for the Portal to accept them]

Hon. John Tomasino, Clerk


Supreme Court of Florida
500 South Duval Street

2
Tallahassee, Florida 32399
VIA Email: tomasino@flcourts.org

RE: SC18-343, Problem uploading PETITIONER’S MOTION FOR


REINSTATEMENT

Dear Mr. Tomasino:

This evening I got an ERROR message when uploading Petitioner’s Motion


For Reinstatement because the Portal would not accept pages 119 and 120.
The bad pages are actually pages 43 and 44 to my MOTION TO
RECONSIDER, VACATE OR MODIFY ORDER that were improperly
scanned by the U.S. Eleventh Circuit in No.: 13-11585-B. Page 44 is blank.

I attached the Portal error page along with the two bad pages from the U.S.
Eleventh Circuit. Years ago I downloaded from PACER my MOTION TO
RECONSIDER, VACATE OR MODIFY ORDER but the errors only show
up on the Portal.

This problem pushed my filing time past midnight and on to the next day,
today, July 4, 2018.

PETITIONER’S MOTION FOR REINSTATEMENT is not complete, but I


can tell you the Florida courts do not have jurisdiction over a contested
federal HECM reverse mortgage.

Currently HUD has my complaint pending on referral from CFPB case


140304-000750 and Senator Rubio. HUD has had jurisdiction since August
9, 2012 with my original complaint.

Later today I plan to submit an Amended Motion For Reinstatement. Thank


you.

Sincerely,
Neil J. Gillespie (full signature block omitted)

5. I ask the Court to consider the following mitigating circumstances in

addition to the foregoing issue with an ERROR on the Portal:

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A. A Separate Appendix accompanies this Amended Motion for

Reinstatement, “OCCUPANCY PERMITTED FOR PETITIONER’S HOME”.

• On February 28, 2018, Proclaim Engineering issued an Imminent Danger Letter

concerning my home to the Marion County Building Safety Division. Proclaim

also prepared a Structural Damage Report. On April 27, 2018 Marion County

Building Safety inspected my home and permitted occupancy.

• On May 1, 2018 I got a notice from my homeowners insurer, Security First

Insurance of a Non-Renewal risk unless the work is done to fix the column.

• I spent the month June 2018 modifying the rainwater discharge system for my

home that likely undermined the foundation of a column in the front of the

house causing it to crack. I also removed all the trees and vegetation in the

courtyard that may have contributed to cracking. I got a $2,000 estimate to

remove and trim larger trees on the property. That is the responsibility of a

Defendant in this case, DECCA, but they have not responded to my email. So

on June 7, 2018 I forwarded this matter to the FBI Tampa, and the MCSO.

B. On June 26, 2018, my computer got a “blue screen”, an “error screen

displayed on a Windows computer system after a fatal system error, also known as

a system crash: when the operating system reaches a condition where it can no

longer operate safely.” (Wikipedia). I took my computer to the repair shop.

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However I took it back the next day because the work wood take too long. I lost

time when my computer was in the repair shop, and it is still not fixed.

C. On October 25, 2017 Dr. Chayapathy Jollu, MD, advised me to sell

my home and go into assisted living. I reject the “medical advice” of Dr. Jollu to

sell my home and enter assisted living. Instead, on May 30, 2018, Dr. Harvey Taub

of the Advanced Urology Institute found I have very low testosterone, and is

treating me. The treatment is giving me more stamina, but I am still disabled.

D. On June 25, 2018, I received email from “Jennifer Banister”

<jenniferbanister78@hotmail.com> of a harassing and intimidating nature that

makes reference to Florida Supreme Court case SC17-1321. I plan to file a separate

motion with the Court for an Order seeking the identity of “Jennifer Bannister”.

E. July 4, 2018 was the Fourth of July holiday. The Court was closed.

6. Overview and Background

Florida courts lack jurisdiction over a contested foreclosure of a federal

HECM reverse mortgage. (FL AG). Trial court Docs #301 and #302 show I was

not lawfully served in this foreclosure. A certified copy of the Plaintiff’s verified

complaint shows it does not have a case number, and is not legally identifiable

with either the foreclosure or the lis pendens. I legally transferred the property to

my name on January 14, 2015. In order to find the foregoing documents on the

Marion County Clerk’s website, I had to first email Clerk David Ellspermann to

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locate them because he had concealed their identity with non-descriptive titles. The

5DCA CaseMail system is unconstitutional for lack of due process. The record

shows the Clerk rejected at least 26 of my pleadings.

A Home Equity Conversion Mortgage, or HECM, is a Federal Housing

Administration (FHA) non-recourse “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. The U.S. 11th

Circuit in No. 13-11595-B invited a petition under 18 U.S.C. § 1651. (all writs act)

HUD has had jurisdiction at all times pertinent, from August 9, 2012 with

my HUD complaint under 7610.01, Section 4-19, through today and CFPB

Complaint 140304-000750, initiated by U.S. Senator Marco Rubio.

7. Table of Contents

Page 7 Orders in this case, No. SC18-343.


Page 7 Decisions in U.S. Supreme Court Nos. 17-8682 and 17-8686.
Page 8 Email to Clerk, Docs #301 and #302 show I was not lawfully served
Page 9 No Case Number Verified Complaint to Foreclose HECM
Page 10 HUD Complaint, Reverse Mortgage Handbook 7610.01, Section 4-19
Page 10 CFPB Complaint No. 120914-000082, Closed status
Page 11 CFPB Complaint No. 140304-000750, Open status
Page 13 U.S. 11th Circuit No. 13-11595-B invited petition 18 U.S.C. § 1651
Page 15 Florida lacks jurisdiction over a HECM - AG Bondi, FlaJur2d
Page 18 Florida is a judicial foreclosure state, but no reverse mortgage statute
To be filed separately: 5DCA CaseMail system is unconstitutional

• Recent orders in this case, No. SC18-343.

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8. The Court’s order of June 18, 2018 requested a motion for reinstatement, but

not a jurisdictional brief under Rule 9.120(d), so none is submitted.

9. This Court’s order of April 13, 2018 granted my motion for extension of

time to comply with this Court’s order dated March 19, 2018 based on, inter alia,

pending matters in the U.S. Supreme Court. (Exhibit 2)

10. This Court’s order of May 15, 2018 granted my second motion for extension of

time based on, inter alia, pending matters in the U.S. Supreme Court. (Exhibit 3)

11. On June 18, 2018 this Court denied my third motion for extension of time

based on, inter alia, pending matters in the U.S. Supreme Court. (Exhibit 4).

• Decisions in U.S. Supreme Court Nos. 17-8682 and 17-8686

12. On June 25, 2018, the U.S. Supreme Court, in No. 17-8682, denied my

motion to proceed in forma pauperis, and dismissed my petition for writ of

certiorari, citing Rule 39.8.

13. On June 25, 2018, the U.S. Supreme Court, in No. 17-8689, denied my

motion to proceed in forma pauperis, and dismissed my petition for writ of

certiorari, citing Rule 39.8.

14. Jurisdiction of the U.S. Supreme Court is discretionary. Less than 100 of the

10,000 or so petitions for writ of certiorari filed each term are granted. See the

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American Bar Association Journal, story by Debra Cassens Weiss Nov-11-2013 on

U.S. Circuit Judge Richard A. Posner (Ret.) (Exhibit 5) titled,

Posner has 'absolutely no desire' to join SCOTUS, which 'isn’t a real court'
http://www.abajournal.com/news/article/posner_has_absolutely_no_desire_to_join_scotus_which_isnt_a_real_court

“Well, I don’t like the Supreme Court,” Posner says. “I don’t think it’s a real
court. I think of it as basically … it’s like a House of Lords. It’s a quasi-
political body. President, Senate, House of Representatives, Supreme Court.
It’s very political. And they decide which cases to hear, which doesn’t strike
me as something judges should do. You should take what comes. When you
decide which case to hear it means you’ve decided the cases ahead of time.

15. Under Rule 44 of the U.S. Supreme Court, I have twenty-five days to file

petitions for rehearing to and including July 20, 2018 in 17-8682 and 17-8689.

• Trial court Docs #301 and #302 show I was not lawfully served

16. On April 6, 2018 I made a PRR to the Marion Co. Clerk. (Exhibit 9)

David R. Ellspermann, Marion County Clerk of Court & Comptroller


P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
Cc: Greg Harrell

RE: Public Records Request (PRR), Article I, Section 24, Florida


Constitution

Dear Mr. Ellspermann,

Sometime in early 2016, I believe, I notified your office that I was not
lawfully served in 13.115.CA, and that the process server, Robert
McGuinness, was incarcerated, see attached. I believe Mr. Harrell placed my
correspondence on the record in 13.115.CA. This PRR is for a copy of that
correspondence as it appears on the record in 13.115.CA. I have not been

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able to locate the document, and I do not have a DOC number for it. Thank
you.

Sincerely,
Neil J. Gillespie (full signature block omitted)

17. General Counsel Greg Harrell responded for the Clerk: (Exhibit 10)

Mr. Gillespie:
The court records related to the correspondence you reference below appear
to be DOC # 301, consisting of 58 pages, filed on March 15, 2016, and DOC
# 302, consisting of 6 pages, filed on March 17, 2016. Both are showing on
the docket. Please take a look at them and then confirm whether you still
want us to provide you with copies of either or both. The cost would be $1
per page.

Doc-301, date 03-15-2016, CORR-MEMO TO CLERKS OFFICE


Doc-302, date 03-17-2016, CORRESPONDENCE OR MEMORANDUM

18. In order to find the foregoing documents on the Marion County Clerk’s

website, I had to first email Clerk David Ellspermann to locate them because he

had concealed their identity with non-descriptive titles.

• No Case Number Verified Complaint to Foreclose HECM (Exhibit 11)

19. A certified copy of the Plaintiff’s verified complaint shows it does not have

a case number, and is not legally identifiable with either the foreclosure or the lis

pendens. I legally transferred the property to my name on January 14, 2015.

20. In order to find the Doc-304 referencing the above on the Marion County

Clerk’s website, I had to first email Clerk David Ellspermann to locate it, because

he had concealed their identity with non-descriptive titles.

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• HUD Complaint, Reverse Mortgage Handbook 7610.01, Sec 4-19 (Exh. 12)

21. HUD wrongly sent my complaint under 7610.01, Section 4-19 to the CFPB

as a complaint against Bank of America (BOA), instead of a complaint against our

family’s HECM reverse mortgage. It appears HUD did this so BOA could make

this phony privacy claim on behalf of my deceased Mother, Penelope Gillespie:

Laws that govern customer privacy prevent us from providing you with
details about any relationship we may have with any customer without first
obtaining the written consent of such customer. Since our records indicate
that no written authorization has been received to date from the person on
whose behalf you are inquiring, we are unable to discuss any information
with you at this time.

• CFPB Complaint No. 120914-000082, Closed status (Exhibits 13, 14)

22. The CFPB close-out letter of March 19, 2013 repeats in part BOA’s phony

privacy claim on behalf of my deceased Mother, Penelope Gillespie:

Laws that govern customer privacy prevent us from providing you with
details about any relationship we may have with any customer without first
obtaining the written consent of such customer. Since our records indicate
that no written authorization has been received to date from the person on
whose behalf you are inquiring, we are unable to discuss any information
with you at this time.

23. 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.

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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 DCA1997). Quoted by U.S. Judge
John E. Steele in Tardif, Trustee (Jason Yerk) v. PETA, USDC, SDFla. 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

• CFPB Complaint No. 140304-000750, Open status (Exhibit 15)

24. The CFPB responded on March 24, 2014 to U.S. Senator Marco Rubio,
whose office made a Congressional Inquiry on my behalf:

Re: Complaint 140304-000750 (Gillespie)


Dear Senator Rubio:

Thank you for contacting the Consumer Financial Protection Bureau (CFPB)
and providing an opportunity for us to assist your constituent, Neil Gillespie,
with a complaint filed. Our Office of Consumer Response has reviewed the
complaint.

Currently, the Department of Housing and Urban Development (HUD) is


handling complaints related to this matter. Therefore, we have forwarded
Neil Gillespie’s complaint information to the HUD to provide assistance.

For more information or to follow up on Neil Gillespie’s complaint, you


may contact the HUD at:

Department of Housing and Urban Development (HUD)


451 7th Street, SW
Room 5204
Washington, DC 20410
www.portal.hud.gov
(800) 669-9777

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With this correspondence, we are closing the file on this matter within
Consumer Response. Please feel free to contact the CFPB’s Intergovernment
Team should you need help with another consumer finance matter in the
future.

Thank you,
Intergovernment Team
Office of Consumer Response
(202) 435-9400

25. The United States Department of Housing and Urban Development (HUD),

is a Cabinet department in the Executive branch of the United States federal

government. Currently Ben Carson is HUD’s Secretary. Under the Separation of

Powers doctrine, the judicial branch cannot usurp HUD’s jurisdiction because

HUD a Cabinet department in the Executive branch of government.

HUD also has jurisdiction under the Equal Protection Clause of the

Fourteenth Amendment to the United States Constitution. The clause, which took

effect in 1868, provides that no state shall deny to any person within its jurisdiction

"the equal protection of the laws".

http://en.wikipedia.org/wiki/Equal_Protection_Clause

HUD also has jurisdiction under the Supremacy Clause, the provision in

Article Six, Clause 2 of the U.S. Constitution that establishes the U.S. Constitution,

federal statutes, and U.S. treaties as "the supreme law of the land". It provides that

these are the highest form of law in the U.S. legal system, and mandates that all

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state judges must follow federal law when a conflict arises between federal law and

either the state constitution or state law of any state.

http://en.wikipedia.org/wiki/Supremacy_Clause

26. Statutory relief from HUD - Bennett v. Donovan 11-5288 D.C. Cir.
12 USC § 1715z–20(i) Protection of homeowner and lender

Bennett, cited statutory means for protection of homeowner and lender, pp 9-10:

“It does appear to us, however, that HUD has additional statutory means to
provide complete relief to both appellants and their lenders, and at least one
such avenue of relief would remove speculation as to independent third-
party actions. That statutory provision is 12 U.S.C. § 1715z-20(i). This
subsection is titled “Protection of homeowner and lender” and states in
relevant part: (1) “[I]n order to further the purposes of the program
authorized in this section, the Secretary shall take any action necessary —
(A) to provide any mortgagor under this section with funds to which the
mortgagor is entitled under the insured mortgage or ancillary contracts but
that the mortgagor has not received because of the default of the party
responsible for payment; (B) to obtain repayment of disbursements provided
under subparagraph (A) from any source; and (C) to provide any mortgagee
under this section with funds . . . to which the mortgagee is entitled under
the terms of the insured mortgage or ancillary contracts authorized in this
section. (2) Actions under paragraph (1) may include — (A) disbursing
funds to the mortgagor or mortgagee from the Mutual Mortgage Insurance
Fund; [and] (B) accepting an assignment of the insured mortgage
notwithstanding that the mortgagor is not in default under its terms, and
calculating the amount and making the payment of the insurance claim on
such assigned mortgage . . . .”

• U.S. 11th Circuit No. 13-11595-B invited petition 18 U.S.C. § 1651 (Exh. 16)
MOTION TO RECONSIDER, VACATE OR MODIFY ORDER

26. An ORDER July 25, 2013 in U.S. 11th Circuit No. 13-11595-B held in

relevant part, "Should Gillespie wish to petition for mandamus relief, he may file a

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separate petition for writ of mandamus or prohibition with this Court. See 18

U.S.C. § 1651; Fed.R.App.P.21" Before: HULL, WILSON and JORDAN

27. I believe The Florida Bar prevented the U.S. Eleventh Circuit from

considering a separate petition for writ of mandamus or prohibition.

28. My MOTION TO RECONSIDER, VACATE OR MODIFY ORDER in

CA11 Case No. 13-11595-B shows in Section I the Table of Contents:

P.3 Statement of facts and law: Disputed foreclosure of a HECM “reverse”


mortgage 12 U.S.C. § 1715-z20(j) Safeguard to prevent displacement of
homeowner. See Defendant Gillespie’s motion to dismiss Complaint, Docs 5
through 5-5.

P.5 The Secretary has administrative authority, 12 U.S.C. § 1715-z20(h)


The Secretary approved mortgage originators, 12 U.S.C. § 1715z–20(n)
Counseling not adequate, 12 U.S.C. 1715z–20(d)(2)(B), and 1715z–20(f)

P.6 Material alteration voids the instrument-unenforceable, Bland v. Fidelity


Trust Co., 71 Fla. 499, 71 So. 630 (1916). HECM is a non-recourse loan.

P. 7 Liberty Reverse Mortgage sold a nonexistent HECM to Bank of


America.

P. 8 Borrower Lacked Capacity to Make a HECM due to Alzheimer’s


dementia. HECM foreclosure must commence within 6 months. 24 C.F.R. §
206.125(d)(1).

P. 9 Santos rejected definition of borrower as only natural persons acting


individually. Isabel Santos, individually & trustee, et al. v RMS, 12-3296-
SC, USDC, ND Cal.

P. 10 HUD Complaint, Reverse Mortgage Handbook 7610.01, Section 4-19


Consumer Financial Protection Bureau, Complaint No. 120914-000082
See the district court record provided, Doc. 5-3, Doc. 5-4, Doc. 5-5.

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P. 11 Fed. R. Civ. Pro. 5.1 Constitutional Challenge to HECM - 12 U.S.C. §
1715z20 Terms “homeowner”, “borrower” and “mortgagor” are void for
vagueness.

P. 12 Reverse mortgage void for borrower’s incapacity. Matter of Doar


(Brunson) 2009 NY Slip Op 29549 [28 Misc 3d 759]

P. 13. Counseling not adequate, 12 U.S.C. 1715z–20(d)(2)(B), and 1715z–


20(f) Recorded HECM counseling sessions shows borrower lacked capacity

P. 14 HECM financial projections beyond optimistic; fraudulent, off by $81,144

P. 14 Statutory relief from HUD - Bennett v. Donovan 11-5288 D.C. Cir.


12 USC § 1715z–20(i) Protection of homeowner and lender

• Florida lacks jurisdiction over a HECM - AG Bondi, FlaJur2d

29. On January 21, 2016, I made a public records request to Florida Attorney

General Pam Bondi that appears at Exhibit 6 and states:

Attorney General Pam Bondi


Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050

Public Records Request. F.S. § 119.07(1)(c) All public records requests shall
be acknowledged promptly and in good faith. Access to public records and
meetings, Art. I, Sec. 24, Fla. Const.

Dear Attorney General Bondi:

As the statewide elected official directed by the Florida Constitution to serve


as the chief legal officer for the State of Florida (Exhibit 1):

1. Provide records showing jurisdiction of Florida courts over a disputed


foreclosure of a federal reverse mortgage, called a HECM, or Home Equity
Conversion Mortgage:

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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).

2. On information and belief, when a substantial disputed issue of federal


HECM law is a necessary element of the foreclosing Plaintiff’s 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).

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U.S. Judge Thomas W. Thrash, Jr. in Thompson-El v. Bank of America,
1:12-CV-840- TWT, 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)).

Thank you for the courtesy of a response.


Sincerely,
Neil J. Gillespie (full signature block omitted)

30. On January 26, 2016, Leslie Jacobs, Public Records Coordinator, Office of

the Attorney General, responded on behalf of Florida Attorney General Pam

Bondi, a response appearing at Exhibit 7, where she wrote:

Our Office does not have any documents responsive to your specific inquiry
dated January 21, 2016 regarding Home Equity Conversion Mortgages
(HECM). The HECM is the reverse mortgage program run through the
Federal Housing Authority. In furtherance of trying to assist you, additional
information about that federal program may be found at: (old link, new link
follows) https://www.hud.gov/program_offices/housing/sfh/hecm

31. I own a hard bound edition of Florida Jurisprudence 2d since 2007. My 2007

edition of FlaJur2d does NOT show any listings for,

HECM
Home Equity Conversion Mortgage
reverse mortgage individually,
or under the mortgage heading.
(Note: None of the above terms appears under “foreclosure”)

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32. I telephoned Thomson Reuters and was directed to Mitchell Waldman,

Principal Attorney Editor, Thomson Reuters, for Fla. Jur. 2d, Michigan Pleading &

Practice, or Nichols Illinois Civil Practice. I emailed Mr. Waldman, who was out of

the office, and I was directed to Marie Pesando. She replied: (Exhibit 8)

Dear Mr. Gillespie,

There is a reference to HECM in the current Housing Laws section 44. I was
unable to locate any other references, but Mr. Waldman will be back in the
office on Thursday and may be able to assist you further.

Marie

Marie Pesando
Principal Attorney Editor
Thomson Reuters
marie.pesando@tr.com

The reference to HECM in the current Housing Laws section 44 pertains only to

Title XXX, SOCIAL WELFARE, Chapter 420, HOUSING, and not foreclosure.

• Florida is a judicial foreclosure state, but no reverse mortgage statute

33. Florida is a judicial foreclosure state. The citations to Florida’s foreclosure

statutes are:

Florida Statutes Sections 702.01 through 702.11, and


Florida Statutes Sections 45.031 through 45.0315.

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Chapter 702, Foreclosure of Mortgages and Statutory Liens, is a forward

foreclosure statute. Florida does not have a judicial reverse mortgage foreclose

statute. Therefore, the Florida courts do not have jurisdiction.

34. A federal HECM reverse mortgage is a non-recourse loan, a concept foreign

to foreclosure practice in the Florida Courts.

• To be filed separately: 5DCA CaseMail system is unconstitutional

35. The 5DCA CaseMail system is unconstitutional for lack of due process. The

record shows the Clerk rejected at least 26 of my pleadings.

WHEREFORE, I hereby move this Court for reinstatement of the dismissed

petition, and other relief in the interest of justice.

RESPECTFULLY SUBMITTED, July 5, 2018

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

CERTIFICATE OF SERVICE

I HEREBY CERTIFY the names below were served through the Portal July 5, 2018.

Curtis Alan Wilson, Esq., Florida Bar No. 77669


McCalla Raymer Leibert Pierce, LLC
MRService@mrpllc.com
MRService@mccalla.com

Justin R. Infurna, Esq., LL.M

19
The Infurna Law Firm, P.A.
justin@infurnalaw.com
justininfurna@gmail.com

Neil J. Gillespie

20
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997

STATE OF FLORIDA ) 1111111111111111111111111111111111111111


DAVID R EllSPERMANN CLERK & COMPTROLLER MARION co
) SS.: DATE: 02/03/2015 11 :55:32 AM
COUNTY OF MARION ) FILE #: 2015009748 OR BK 6161 PGS 1844-1845
AFFIDAVIT REC FEES: $18.50 INDEX FEES: $0.00
DDS: $0 MDS: $0 INT: $0

BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly

sworn deposed upon oath as follows:

I. My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on

personal knowledge unless otherwise expressly stated.

2. I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,

1997 (hereinafter "Trust").

\ \

oeZ=::).. My Florida residential homestead property is the sole asset of the Trust, property address

..
" ~:.

8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I

have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.

7013-007-00 I, legal description:

Lot(s) ], Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through I ]2, inclusive of the Public Records of
Marion County, Florida.

4. 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.

5. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I hereby

terminate 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 is zero. The Trust served its intended purpose of

transferring the property to the beneficiary without going through probate.

6. Pursuant to Fla. Stat. § 736.0414 Modification or tenn ination of uneconomic trust. (1)

After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property

Book6161/Page1844 CFN#2015009748 Page 1 of 2


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.

FURTHER AFFIANT SA YETH NOT,

The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
1=l--'bL­
- ti~u II~O SlD o;tl 0
by Neil J. Gillespie, who is personally known to me, or who has produced . as

. identification and· states that he is. the person who made this affidavit and that its co~tents are

truthful to the best of his knowledge, information and belief.

r
Notary Public State of Florida
(SEAL) Angelica Cruz
My Commission EE067986 NOTAR UBLIC
Expires 02127/2015

~(?JI(s2. Lr0L
Print Na of Notary PublIc

My Commission Expires: --2J......;;J;_~-=-


.._'_)5 _

Book6161/Page1845 CFN#2015009748 Page 2 of 2


Page 1 of 2

Neil Gillespie

From: "Neil Gillespie" <neilgillespie@mfi.net>


To: "John Anthony Tomasino" <tomasino@flcourts.org>
Cc: <justin@infurnalaw.com>; <justininfurna@gmail.com>; <MRService@mccalla.com>;
<MRService@mrpllc.com>; "Neil Gillespie" <neilgillespie@mfi.net>
Sent: Wednesday, July 04, 2018 12:51 AM
Attach: Florida Courts E-Filing Porta ERROR.pdf; Exhibit 15, CFPB to Sen Marco Rubio Re Complaint
140304-000750 (Gillespie).pdf; CFPB 140304-000750 for Neil J. Gillespie_STILL OPEN ON JULY 4,
2018.pdf
Subject: SC18-343, Problem uploading PETITIONER'S MOTION FOR REINSTATEMENT

Hon. John Tomasino, Clerk


Supreme Court of Florida
500 South Duval Street
Tallahassee, Florida 32399
VIA Email: tomasino@flcourts.org

RE: SC18-343, Problem uploading PETITIONER’S MOTION FOR REINSTATEMENT

Dear Mr. Tomasino:

This evening I got an ERROR message when uploading Petitioner’s Motion For Reinstatement because
the Portal would not accept pages 119 and 120. The bad pages are actually pages 43 and 44 to my
MOTION TO RECONSIDER, VACATE OR MODIFY ORDER that were improperly scanned by the
U.S. Eleventh Circuit in No.: 13-11585-B. Page 44 is blank.

I attached the Portal error page along with the two bad pages from the U.S. Eleventh Circuit. Years ago I
downloaded from PACER my MOTION TO RECONSIDER, VACATE OR MODIFY ORDER but the
errors only show up on the Portal.

This problem pushed my filing time past midnight and on to the next day, today, July 4, 2018.

PETITIONER’S MOTION FOR REINSTATEMENT is not complete, but I can tell you the Florida
courts do not have jurisdiction over a contested federal HECM reverse mortgage.

Currently HUD has my complaint pending on referral from CFPB case 140304-000750 and Senator
Rubio. HUD has had jurisdiction since August 9, 2012 with my original complaint.

Later today I plan to submit an Amended Motion For Reinstatement. Thank you.

Sincerely,

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

Curtis Alan Wilson, Esq., Florida Bar No. 77669


McCalla Raymer Leibert Pierce, LLC
MRService@mrpllc.com
A
7/5/2018
Page 2 of 2

MRService@mccalla.com

Justin R. Infurna, Esq., LL.M


The Infurna Law Firm, P.A.
justin@infurnalaw.com
justininfurna@gmail.com

7/5/2018
https://www.myflcourtaccess.com/DistrictCourtsOfAppeal/Existing/Documents.aspx?pfid=70490850

My Cases My Submissions Sign Out

Pleading on Existing Case Case Initiation

Case Number Pending

Workbench My Alerts E-Filing Map

My Account J Filing Options J

Welcome - Neil J. Gillespie


Last signed in on - 06/14/2018 11:41:19 PM
J

Pleading on Existing Case

Case Information Documents Service List Review and Submit

File 'PETITIONER’S MOTION FOR REINSTATEMENT.pdf' Page 119 size 8.69 x 11.84 is larger than 8 ½ x 11 inches and cannot be uploaded through E-Filing Port
REINSTATEMENT.pdf' Page 120 size 8.69 x 11.84 is larger than 8 ½ ...

Document Document Group/Type Fee Pages File

Remove Replace MOTIONS OTHER MOTION NOT $0.00 263 View PETITIONER’S MOTION FOR
LISTED REINSTATEMENT.pdf

Add

Total $0.00 263 1 Documents

WARNING: As an attorney or self-represented filer, you are responsible to protect confidential information under Florida Rules of Judicial Administration 2.420 an
that you have complied with these rules, including the need to complete a Notice of Confidential Information form or motion required under 2.420 regarding confid
Your failure to comply with these rules may subject you to sanctions.

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© 2013 CiviTek
Case: 13-11585 Date Filed: 07/02/2013 Page: 39 of 62
Case: 13-11585 Date Filed: 07/02/2013 Page: 40 of 62
March 24, 2014

The Honorable Marco Rubio


8669 NW 36th Street, Suite 110
Doral, FL 33166

Re: Complaint 140304-000750 (Gillespie)

Dear Senator Rubio:

Thank you for contacting the Consumer Financial Protection Bureau (CFPB) and providing an
opportunity for us to assist your constituent, Neil Gillespie, with a complaint filed. Our Office of
Consumer Response has reviewed the complaint.

Currently, the Department of Housing and Urban Development (HUD) is handling complaints related
to this matter. Therefore, we have forwarded Neil Gillespie’s complaint information to the HUD to
provide assistance.

For more information or to follow up on Neil Gillespie’s complaint, you may contact the HUD at:

Department of Housing and Urban Development (HUD)


451 7th Street, SW
Room 5204
Washington, DC 20410
www.portal.hud.gov
(800) 669-9777

With this correspondence, we are closing the file on this matter within Consumer Response. Please
feel free to contact the CFPB’s Intergovernment Team should you need help with another consumer
finance matter in the future.

Thank you,

Intergovernment Team
Office of Consumer Response
(202) 435-9400

15
https://portal.consumerfinance.gov/consumer/s/complaint-detail#500t00000060I5JAAU

An official website of the United States Government

˜ Submit a Complaint
(https://www.consumerfinance.gov/)

" All complaints (.)

OPEN

= Submitted We received your complaint. Thank you.


STAT US We will review your complaint. Depending on what we find, we will typically:
Submitted to the CFPB on Send your complaint to the company for a response; or
2014-03-04
Send your complaint to another state or federal agency, or help you get in touch with your state or local
PR ODUC T consumer protection office; or
Reverse mortgage Let you know if we need more information to continue our work.

I SS UE
Loan
YOUR COM PL AI NT
modification,collection,foreclosure AT TAC H M ENT S
Y:\rightnow\Incident
Issue 1, from Petition No. 13-7280 writ of certiorari, US Supreme Court. My home
\752191\Neil J
is in wrongful foreclosure on a federal HECM reverse mortgage. Nor mortgage
Gillespie PAC MIA.pdf
payments are required on a HECM reverse mortgage. Instead, the loan becomes
(362.1 KB)
payable when the last borrower dies or moved from the home. I am a borrower
and still living in the home. Outcome sought: Stop the foreclosure, and void the Y:\rightnow\Incident
mortgage for the borrowers incapacity (Penelope Gillespie), as held in Matter of \752191
Doar (Brunson) 2009 NY Slip Op 29549 [28 MISC 3d 759], or any other grounds \RL.RFCO140304-000750.pd
set forth in the Petitioner’s Motion to Reconsider, Vacate or Modify Order denied (14.8 KB)
July 25, 2013 by the Eleventh Circuit. See my first Question Presented in Petition
No. 13-7280. Issue 2, Petition No. 13-7280 writ of certiorari, US Supreme Court
(and Petition No. 12-7747), Disbar the Florida Bar. Florida is the most corrupt
state in America, according to the First Interim Report of the Nineteenth
Statewide Grand jury and DOJ numbers. The Florida Bar is catastrophically
broken as shown by survey responses to the Hawkins Commission Report 2012.

View full complaint +

Privacy Act Statement Have a question? ¿Preguntas?


OMB #3170-0011 (855) 411-2372

An official website of the United States Government

6/29/2018 11:29 PM
https://help.consumerfinance.gov/app/account/complaints/review_print/i_id/752191

consumerfinance.gov
(855) 411-CFPB (2372)

GINA ALONSO

Constituent Services Representative

OFFICE OF UNITED STATES SENATOR MARCO RUBIO

8669 NW 36th Street

Suite 110

Miami, Florida 33166

(305) 418-8583

(305) 594-4014 -Fax


Office of U.S. Senator Marco Rubio
Privacy Act Consent Form

In accordance with the provisions of The Privacy Act of 1974 (Public Law 93-579), your written consent is required so that we may contact a federal agency on
your behalf. Since e-mails do not contain a valid signature, they do not fulfill the requirements of the law. If you are inquiring on behalf of another person that
is 18 or older, it is necessary that he or she sign this document. All information must be written in English.

Title: (select one) □ Mr. □ Ms. □ Mrs.



□ Mr. & Mrs. □ Rev. □ Doctor □ Other:________________________________________

Neil J. Gillespie
Name: _______________________________________________________________________________________________________________
(First Name) (Middle Name) (Last Name)
8092 SW 115th Loop Ocala FL
Address: ____________________________________________________________ City______________________________ State:_________
34481 352-854-7807
Zip code:_________________ Phone: ____________________________ Fax:____________________ Cell: ___________________________
neilgillespie@mfi.net March 19, 1956
E-mail Address: ___________________________________________________________ Date of Birth: ________________________________
Sen Bill Nelson
If you have contacted another congressional office to assist you, please list the office: _________________________________________________
HECM reverse Mortgage, HUD; DOJ Public Integrity Section referral to the FBI
Federal Agency Issue: ____________________________________________________________________________________________________
(Please complete the sections that apply to your case on page 2)

BRIEFLY STATE YOUR PROBLEM AND WHAT OUTCOME YOU WOULD LIKE FROM THIS INQUIRY.
Issue 1, from Petition No. 13-7280 writ of certiorari, US Supreme Court. My home is in wrongful foreclosure on a federal HECM reverse
mortgage. No mortgage payments are required on a HECM reverse mortgage. Instead, the loan becomes payable when the last borrower dies
or moves from the home. I am a borrower and still living in the home.
Outcome sought: Stop the foreclosure, and void the mortgage for the borrowers incapacity (Penelope Gillespie), as held in Matter of Doar
(Brunson) 2009 NY Slip Op 29549 [28 Misc 3d 759], or any other grounds set forth in the Petitioner's Motion to Reconsider, Vacate or Modify
Order denied July 25, 2013 by the Eleventh Circuit. See my first Question Presented in Petition No. 13-7280.
Issue 2, Petition No. 13-7280 writ of certiorari, US Supreme Court (and Petition No. 12-7747), Disbar The Florida Bar. Florida is the most
corrupt state in America, according to the First Interim Report of the Nineteenth Statewide Grand jury and DOJ numbers. The Florida Bar is
catastrophically broken as shown by survey responses to the Hawkins Commission Report 2012.
Outcome sought: end The Florida Bar, end the unified bar system in Florida, and adopt the full recommendations of the 1992 McKay Report of
the American Bar Association, and end crony local discipline components like local grievance committees, which are political decisions.

Neil J Gillespie Digitally signed by Neil J Gillespie


DN: cn=Neil J Gillespie, o, ou, email=neilgillespie@mfi.net, c=US
Date: 2014.02.23 16:11:35 -05'00'
Signature: __________________________________________________________________________
February 23, 2014
Date: ____________________________
I have discussed my concerns with Senator Marco Rubio and/or his representative(s), and request that any relevant information that is required to assist in re-
sponding to my inquiry may be furnished upon request.

Please return the completed form: By mail: U.S. Senator Marco Rubio
8669 NW 36th Street, Suite 110
Doral, Florida 33166
By fax: (305) 594-4014
By email: casework@rubio.senate.gov

If you have any questions, please call the South Florida Regional Office at (305) 418-8553 or (866) 630-7106, toll-free in Florida.

Page 1
Neil J Gillespie
Name:______________________________________________________________________________________ FOR INTERNAL USE ONLY:
(First Name) (Middle Name) (Last Name) WORKFLOW #
160-52-5117
Social Security Number:__________________________

COMPLETE THE SECTION THAT APPLIES TO YOUR CASE


CHILD SUPPORT (Note: By law, if both parents reside in Florida, your inquiry will be referred to your state legislators.)

Child Support Case Number: ______________________________

Name of Custodial Parent: _________________________________ Date of Birth:_________________ SSN: _____________________

Name of Non-custodial Parent: ____________________________ Date of Birth:_________________ SSN:______________________

Name of Child(ren):______________________________________ Date of Birth:_________________ SSN:______________________

IMMIGRATION

Alien Number :__________________________ Date of Birth:____________________ Place of Birth:_________________________

Type of Application Filed:_____________________ Beneficiary Name: _______________________________________________


(Ex: N-400, I-130, I-765)
Receipt Number:_________________________________________________
MEDICARE/SOCIAL SECURITY

Type of Claim Filed:_________________________________ SSN:_______________________ Date Filed:_______________________

Current Level of Appeals:_________________________ Medicare Provider Number: ______________________________________

Medicare Supplier Number: __________________________ Name of Business: _____________________________________________

MILITARY/VETERAN (Note: Complete this section only if you are seeking assistance with a military/VA issue. If you have a Tri-
care problem, please contact our office to obtain a Tricare Authorization Form. )

Military Rank and Unit: ______________________ Duty Station:_________________ VA Claim Number: ____________________

Home of Record Address: ___________________________________________________________________________________________

Type of Claim: ______________________________ VA Office Where Claim is Located:________________________________________

MORTGAGE
Reverse Mortgage Solutions Inc for Bank of America 68011002615899
Loan Servicer:________________________________________________ Loan Number: ____________________________________

Department Of Justice, Public Integrity Section, referral to the FBI


OTHER Name of Federal Agency: _____________________________________________________________________________________

VISAS

Name of Applicant: _____________________________________ Passport Number: ________________________________________

Date of Birth: _________________________ Place of Birth: ___________________ Consulate:________________________________

Page 2
https://portal.consumerfinance.gov/consumer/s/complaint-detail#500t00000060I5JAAU

An official website of the United States Government

˜ Submit a Complaint
(https://www.consumerfinance.gov/)

" All complaints (.)

OPEN

= Submitted We received your complaint. Thank you.


STAT US We will review your complaint. Depending on what we find, we will typically:
Submitted to the CFPB on Send your complaint to the company for a response; or
2014-03-04
Send your complaint to another state or federal agency, or help you get in touch with your state or local
PR ODUC T consumer protection office; or
Reverse mortgage Let you know if we need more information to continue our work.

I SS UE
Loan
YOUR COM PL AI NT
modification,collection,foreclosure AT TAC H M ENT S
Y:\rightnow\Incident
Issue 1, from Petition No. 13-7280 writ of certiorari, US Supreme Court. My home
\752191\Neil J
is in wrongful foreclosure on a federal HECM reverse mortgage. Nor mortgage
Gillespie PAC MIA.pdf
payments are required on a HECM reverse mortgage. Instead, the loan becomes
(362.1 KB)
payable when the last borrower dies or moved from the home. I am a borrower
and still living in the home. Outcome sought: Stop the foreclosure, and void the Y:\rightnow\Incident
mortgage for the borrowers incapacity (Penelope Gillespie), as held in Matter of \752191
Doar (Brunson) 2009 NY Slip Op 29549 [28 MISC 3d 759], or any other grounds \RL.RFCO140304-000750.pd
set forth in the Petitioner’s Motion to Reconsider, Vacate or Modify Order denied (14.8 KB)
July 25, 2013 by the Eleventh Circuit. See my first Question Presented in Petition
No. 13-7280. Issue 2, Petition No. 13-7280 writ of certiorari, US Supreme Court
(and Petition No. 12-7747), Disbar the Florida Bar. Florida is the most corrupt
state in America, according to the First Interim Report of the Nineteenth
Statewide Grand jury and DOJ numbers. The Florida Bar is catastrophically
broken as shown by survey responses to the Hawkins Commission Report 2012.

View full complaint +

Privacy Act Statement Have a question? ¿Preguntas?


OMB #3170-0011 (855) 411-2372

An official website of the United States Government

7/4/2018 12:31 AM
Page 1 of 1

Neil Gillespie

From: "Neil Gillespie" <neilgillespie@mfi.net>


To: "Neil Gillespie" <neilgillespie@mfi.net>
Sent: Wednesday, July 04, 2018 1:01 AM
Attach: ATT00043.txt
Subject: Read: SC18-343, Problem uploading PETITIONER'S MOTION FOR REINSTATEMENT
This is a receipt for the mail you sent to
"John Anthony Tomasino" <tomasino@flcourts.org> at 7/4/2018 12:51 AM

This receipt verifies that the message has been displayed on the recipient's computer at 7/4/2018 1:01
AM

7/5/2018
Page 1 of 1

Neil Gillespie

From: "Justin R. Infurna" <justin@infurnalaw.com>


To: "Neil Gillespie" <neilgillespie@mfi.net>
Sent: Wednesday, July 04, 2018 12:53 AM
Attach: ATT00037.txt
Subject: Read: SC18-343, Problem uploading PETITIONER'S MOTION FOR REINSTATEMENT
Your message

To: Justin R. Infurna


Subject: SC18-343, Problem uploading PETITIONER'S MOTION FOR REINSTATEMENT
Sent: Tuesday, July 3, 2018 10:51:53 PM (UTC-06:00) Central America

was read on Tuesday, July 3, 2018 10:53:31 PM (UTC-06:00) Central America.

7/5/2018
Filing # 73684294 E-Filed 06/18/2018 10:45:06 AM

Supreme Court of Florida


MONDAY, JUNE 18, 2018

CASE NO.: SC18-343


Lower Tribunal No(s).:
5D17-2665;
422013CA000115CAAXXX

NEIL J. GILLESPIE, ETC. vs. REVERSE MORTGAGE


SOLUTIONS, INC.

Petitioner(s) Respondent(s)

The petition for review is hereby dismissed on the Court's own motion based
on petitioner's failure to timely file the jurisdictional brief in accordance with this
Court's orders dated March 19, 2018, and May 15, 2018. Any and all pending
motions are hereby denied as moot. If petitioner wishes to seek reinstatement, the
motion for reinstatement must be filed within fifteen days from the date of this
order.

A True Copy
Test:

db
Served:

CURTIS ALAN WILSON


NEIL J. GILLESPIE
HON. DAVID R. ELLSPERMANN, CLERK
HON. ANN MELINDA CRAGGS, JUDGE
JUSTIN INFURNA
HON. JOANNE P. SIMMONS, CLERK

1
Filing # 70679750 E-Filed 04/13/2018 11:57:43 AM

Supreme Court of Florida


FRIDAY, APRIL 13, 2018

CASE NO.: SC18-343


Lower Tribunal No(s).:
5D17-2665;
422013CA000115CAAXXX

NEIL J. GILLESPIE, ETC. vs. REVERSE MORTGAGE


SOLUTIONS, INC.

Petitioner(s) Respondent(s)

Petitioner's motion for extension of time is granted, and petitioner is allowed


to and including May 14, 2018, in which to serve the brief on jurisdiction.
Multiple extensions of time for the same filing are discouraged. Absent
extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.

A True Copy
Test:

db
Served:

CURTIS ALAN WILSON


NEIL J. GILLESPIE
JUSTIN INFURNA

2
2
Filing # 72153223 E-Filed 05/15/2018 12:00:29 PM

Supreme Court of Florida


TUESDAY, MAY 15, 2018

CASE NO.: SC18-343


Lower Tribunal No(s).:
5D17-2665;
422013CA000115CAAXXX

NEIL J. GILLESPIE, ETC. vs. REVERSE MORTGAGE


SOLUTIONS, INC.

Petitioner(s) Respondent(s)

Petitioner's motion for extension of time is granted, and petitioner is allowed


to and including June 14, 2018, in which to serve the brief on jurisdiction.
Multiple extensions of time for the same filing are discouraged. Absent
extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.

A True Copy
Test:

db
Served:

CURTIS ALAN WILSON


NEIL J. GILLESPIE
JUSTIN INFURNA

3
Filing # 73684113 E-Filed 06/18/2018 10:43:26 AM

Supreme Court of Florida


MONDAY, JUNE 18, 2018

CASE NO.: SC18-343


Lower Tribunal No(s).:
5D17-2665;
422013CA000115CAAXXX

NEIL J. GILLESPIE, ETC. vs. REVERSE MORTGAGE


SOLUTIONS, INC.

Petitioner(s) Respondent(s)

Petitioner's motion for extension of time is hereby denied.

A True Copy
Test:

db
Served:

CURTIS ALAN WILSON


NEIL J. GILLESPIE
JUSTIN INFURNA

4
http://www.abajournal.com/news/article/posner_has_absolutely_no_desire_to_join_scotus_which_isnt_a_real_court

NEWS IN-DEPTH BLAWGS ABOUT Search Submit

Home / Daily News / Posner has 'absolutely no desire' to join…

JUDICIARY

Posner has 'absolutely no desire' to join SCOTUS,


which 'isn’t a real court'
BY DEBRA CASSENS WEISS (HTTP://WWW.ABAJOURNAL.COM/AUTHORS/4/)
POSTED NOVEMBER 11, 2013, 11:44 AM CST
Like 1K Share Tweet Share submit

Judge Richard Posner gets a lot of attention for his opinions and his writing, but he’s not
looking to leverage his fame to join the U.S. Supreme Court.
Posner explained why he isn’t interested in an interview with the Daily Beast
(http://www.thedailybeast.com/articles/2013/11/07/how-i-write-richard-posner.html) about his compulsive writing
habits. “First, I’m too old,” Posner said. “I’m 74 and they don’t appoint people my age.”
The reviewer notes that Posner sounds “peppy,” spurring the Chicago-based federal
appeals judge to elaborate.
“Well, I don’t like the Supreme Court,” Posner says. “I don’t think it’s a real court. I think of
it as basically … it’s like a House of Lords. It’s a quasi-political body. President, Senate,
House of Representatives, Supreme Court. It’s very political. And they decide which cases
to hear, which doesn’t strike me as something judges should do. You should take what
comes. When you decide which case to hear it means you’ve decided the cases ahead of
time.
“Also, because I’m a compulsive writer, I like to write. … If you sit with eight other people
[like the Supreme Court] you only get one-ninth of the cases to write. I’m not interested in
that. Now the Supreme Court justices write very, very few majority opinions. Last year they
saw 74 cases. Divide that by nine and that’s a little more than eight opinions a year. That’s
ridiculous! I write around 90 opinions a year.”
Posner says Supreme Court justices do boost their totals through dissenting and
concurring opinions, but they don’t attract much interest. “I just wouldn’t enjoy the
Supreme Court,” Posner says. “Absolutely no desire to be on it.”
Posner also reveals in the interview that he works from home at least half the time, and one
reason is his cat, Pixie. “I’m a very big cat person,” Posner says. Pixie is affectionate and
“her little face falls” if Posner or his wife leaves the house. “The cat wants us at home,” he
says.

Copyright 2018 American Bar Association. All rights reserved.

5
VIA Email: pam.bondi@myfloridalegal.com January 21, 2016

Attorney General Pam Bondi


Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050

Public Records Request. F.S. § 119.07(1)(c) All public records requests shall be acknowledged
promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.

Dear Attorney General Bondi:

As the statewide elected official directed by the Florida Constitution to serve as the chief
legal officer for the State of Florida (Exhibit 1):

1. Provide records showing jurisdiction of Florida courts over a disputed foreclosure of a


federal reverse mortgage, called a HECM, or Home Equity Conversion Mortgage:

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).

2. On information and belief, when a substantial disputed issue of federal HECM law is a
necessary element of the foreclosing Plaintiff’s 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

6
Attorney General Pam Bondi January 21, 2016
Office of Attorney General Page - 2
State of Florida
PUBLIC RECORDS REQUEST

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-840-


TWT, 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)).

Thank you for the courtesy of a response.

Sincerely,

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

Cc: Leslie Jacobs, Email: Leslie.Jacobs@myfloridalegal.com

Enclosure
http://myfloridalegal.com/pages.nsf/Main/F06F66DA272F37C885256CCB0051916F

The Role and Function of the Attorney General


The Attorney General is the statewide elected official directed by the Florida Constitution to serve as the chief
legal officer for the State of Florida. The Attorney General is responsible for protecting Florida consumers
from various types of fraud and enforcing the state’s antitrust laws. Additionally, the Attorney General protects
her constituents in cases of Medicaid fraud, defends the state in civil litigation cases and represents the people
of Florida when criminals appeal their convictions in state and federal courts.

Within the Attorney General’s Office is the Office of Statewide Prosecution that targets widespread criminal
activities throughout Florida including identity theft, drug trafficking and gang activity. The Attorney
General's Office also conducts various programs to assist victims of crime.

The Attorney General defends the constitutionality of statutes duly enacted by the Legislature and is
authorized to issue formal legal opinions at the request of various public officials on questions relating to the
application of state law. The Office of the Attorney General houses the Florida Commission on the Status of
Women and the Council on the Social Status of Black Men and Boys. Also housed within the Attorney
General’s Office is the Office of Civil Rights, which investigates and takes legal action against violations of
Floridians’ civil rights.

The Attorney General serves as a member of the Florida Cabinet along with the Chief Financial Officer and
the Commissioner of Agriculture. As a Cabinet member, the Attorney General serves on the Clemency Board
and as a member of the various Cabinet boards and commissions that address state lands, state investments, and
rules pertaining to insurance and financial regulation. Also as a Cabinet member, the Attorney General serves,
collectively as agency head for the Departments of Highway Safety and Motor Vehicles, Law Enforcement,
Revenue and Veterans Affairs.

Frequently Asked Questions


AG Services and Units
Addresses, phone numbers and fax numbers for divisions and branch offices
Maps with directions for visiting our offices
Contact us

Florida Toll Free Numbers:


- Fraud Hotline 1-866-966-7226

1
Page 1 of 2

Neil Gillespie

From: "Leslie Jacobs" <Leslie.Jacobs@myfloridalegal.com>


To: "Neil Gillespie" <neilgillespie@mfi.net>
Sent: Tuesday, January 26, 2016 2:08 PM
Subject: Re: Fw: Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016
January 26, 2016

Mr. Neil J. Gillespie


8092 SW 115th Loop
Ocala, FL 34481
Via email neilgillespie@mfi.net

Dear Mr. Gillespie:

This will respond to your January 21, 2016 email in which, pursuant to Ch. 119, F.S., you make the
following request for public records:

1. Provide records showing jurisdiction of Florida courts over a disputed foreclosure of a


federal reverse mortgage, called a HECM, or Home Equity Conversion Mortgage:
A Home Equity Conversion Mortgage, or HECM, is a Federal Housing Administration (FHA)
2. On information and belief, when a substantial disputed issue of federal HECM law is a
necessary element of the foreclosing Plaintiff’s 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

Our Office does not have any documents responsive to your specific inquiry dated January 21, 2016
regarding Home Equity Conversion Mortgages (HECM). The HECM is the reverse mortgage program
run through the Federal Housing Authority. In furtherance of trying to assist you, additional information
about that federal program may be found at:

http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/hecm/rmtopten

Thank you for the opportunity to assist you in this matter.

Sincerely,

Leslie Jacobs
Public Records Coordinator
Office of the Attorney General
PL 01, The Capitol
Tallahassee, FL 32399-1050
(850) 245-0140(o)
(850) 487-2564 (f)

7
"Neil Gillespie" ---01/26/2016 12:08:55 PM---TO: Attorney General Pam Bondi: I do not have an

1/26/2016
Page 2 of 2

acknowledgment for this record request.  cc: Leslie

From: "Neil Gillespie" <neilgillespie@mfi.net>


To: "Pam Bondi" <pam.bondi@myfloridalegal.com>, "Leslie Jacobs" <Leslie.Jacobs@myfloridalegal.com>
Cc: "Neil Gillespie" <neilgillespie@mfi.net>
Date: 01/26/2016 12:08 PM
Subject: Fw: Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016

TO: Attorney General Pam Bondi: I do not have an acknowledgment for this record request.
cc: Leslie Jacobs.

Public Records Request. F.S. § 119.07(1)(c) All public records requests shall be acknowledged
promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.

----- Original Message -----


From: Neil Gillespie
To: Pam Bondi ; Leslie Jacobs
Cc: Neil Gillespie
Sent: Thursday, January 21, 2016 8:40 AM
Subject: Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016

[attachment "Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016.pdf" deleted by


Leslie Jacobs/OAG]

1/26/2016
Page 1 of 2

Neil Gillespie

From: "Pesando, Marie K. (Legal)" <marie.pesando@thomsonreuters.com>


To: "Neil Gillespie" <neilgillespie@mfi.net>
Cc: "Waldman, Mitchell (Legal)" <mitchell.waldman@thomsonreuters.com>
Sent: Monday, July 02, 2018 3:40 PM
Subject: RE: Florida Jurisprudence, 2d
Dear Mr. Gillespie,

There is a reference to HECM in the current Housing Laws section 44. I was unable to locate
any other references, but Mr. Waldman will be back in the office on Thursday and may be able
to assist you further.

Marie

Marie Pesando
Principal Attorney Editor
Thomson Reuters
marie.pesando@tr.com

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


Sent: Monday, July 02, 2018 3:29 PM
To: Waldman, Mitchell (Legal) <mitchell.waldman@thomsonreuters.com>; Pesando, Marie K.
(Legal) <marie.pesando@thomsonreuters.com>
Cc: Neil Gillespie <neilgillespie@mfi.net>
Subject: Florida Jurisprudence, 2d
 
 
Marie Pesando
Thomson Reuters
Marie.Pesando@tr.com
 
Re: Florida Jurisprudence, 2d

Dear Ms. Pesando,

Mitchell Waldman directed me to you for a question about Florida Jurisprudence, 2d. I own Fla Jur 2d
2007, and cannot locate any listing for HECM, Home Equity Conversion Mortgage, or reverse mortgage
individually, or under the mortgage heading.

The online Summary of Contents found here, https://legalsolutions.thomsonreuters.com/law-


products/Legal-Encyclopedias/Florida-Jurisprudencereg-2d/p/100027399

8
7/3/2018
Page 2 of 2

does not show the information


https://static.legalsolutions.thomsonreuters.com/product_files/relateddocs/1887_201512_8555.pdf

Do you know if Fla Jur 2d has listings for HECM, Home Equity Conversion Mortgage, or reverse
mortgage individually, or under the mortgage heading? Thank you.

Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
352-854-7807
neilgillespie@mfi.net
----- Original Message -----
From: Waldman, Mitchell (Legal)
To: Neil Gillespie
Sent: Monday, July 02, 2018 3:16 PM
Subject: Automatic reply: Florida Jurisprudence, 2d
 
I am out of the office today. If you have urgent questions concerning Fla. Jur. 2d, Michigan
Pleading & Practice, or Nichols Illinois Civil Practice, please contact Marie Pesando.

Thanks.
Mitchell Waldman
Principal Attorney Editor, Thomson ReutersPrincipal Attorney Editor, Thomson Reuters

Thanks.
Mitchell Waldman
Principal Attorney Editor, Thomson Reuters

7/3/2018
Page 1 of 1

Neil Gillespie

From: "Neil Gillespie" <neilgillespie@mfi.net>


To: "David Ellspermann" <Ellspermann@marioncountyclerk.org>
Cc: "Greg Harrell" <GHarrell@marioncountyclerk.org>; "Neil Gillespie" <neilgillespie@mfi.net>
Sent: Friday, April 06, 2018 3:52 PM
Attach: 2017, 09-13-17, Inmate Population Information Detail 2p.pdf
Subject: Public Records Request (PRR), Article I, Section 24, Florida Constitution

David R. Ellspermann, Marion County Clerk of Court & Comptroller


P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
Cc: Greg Harrell

RE: Public Records Request (PRR), Article I, Section 24, Florida Constitution

Dear Mr. Ellspermann,

Sometime in early 2016, I believe, I notified your office that I was not lawfully served in 13.115.CA,
and that the process server, Robert McGuinness, was incarcerated, see attached. I believe Mr. Harrell
placed my correspondence on the record in 13.115.CA. This PRR is for a copy of that correspondence as
it appears on the record in 13.115.CA. I have not been able to locate the document, and I do not have a
DOC number for it. Thank you.

Sincerely,

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

9
7/3/2018
http://www.dc.state.fl.us/ActiveInmates/detail.asp?Bookmark=1&From=list&SessionID=185834116

Home | About Us | Contact Us


Florida Department of Corrections
Julie L. Jones, Secretary
Rick Scott, Governor

Home Institutions Community Corrections Division of Development Explore FDC Offender Search Strategic Plan Inmate Mortality Newsroom

Corrections Offender Network


Inmate Population Information Detail
(This information was current as of 9/10/2017)

DC Number: U51808
Name: MCGUINNESS, ROBERT W
Race: WHITE
Sex: MALE
Hair Color: BLACK
Eye Color: BROWN
Height: 5'07''
Weight: 143 lbs.
Birth Date: 09/22/1983
Initial Receipt Date: 10/14/2014
Current Facility: GULF C.I.
Current Custody: CLOSE
Current Release Date: 10/20/2018

(Release Date subject to change pending gain time award,


gain time forfeiture, or review. A 'TO BE SET' Release Date is
to be established pending review.)
Send money to this inmate.

Aliases:
ROBERT W MCGUINNESS ROBERT WILLIAM MCGUINNESS

Current Prison Sentence History:


Offense Date Offense Sentence Date County Case No. Prison Sentence Length
09/12/2013 L/L MOLEST V<12 OFF 18+(ATTEMPTED) 09/22/2014 LAKE 1302279 5Y 0M 0D
09/13/2013 BURG/N/ASSLT/OCC.STRUCT. 09/22/2014 LAKE 1302279 5Y 0M 0D

Note: The offense descriptions are truncated and do not necessarily reflect the crime of conviction. Please refer to the court documents or the Florida Statutes for further information or definition.

Detainers: (Further information may be obtained by contacting the detaining agency)


Detainer Date Agency Type Date Canceled
09/22/2014 051-TAV 10Y SOP/GPS NTFY/P&P

Incarceration History:
Date In-Custody Date Out-of-Custody
10/14/2014 Currently Incarcerated

Record: 1 of 1

9/13/2017 4:09 PM
http://www.dc.state.fl.us/ActiveInmates/detail.asp?Bookmark=1&From=list&SessionID=185834116
The Florida Department of Corrections updates this information regularly, to ensure that it is complete and accurate, however this information can
change quickly. Therefore, the information on this site may not reflect the true current location, status, release date, or other information regarding
an inmate.
This database contains public record information on felony offenders sentenced to the Department of Corrections. This information only includes
offenders sentenced to state prison or state supervision. Information contained herein includes current and prior offenses. Offense types include
related crimes such as attempts, conspiracies and solicitations to commit crimes. Information on offenders sentenced to county jail, county probation,
or any other form of supervision is not contained. The information is derived from court records provided to the Department of Corrections and is
made available as a public service to interested citizens. The Department of Corrections makes no guarantee as to the accuracy or completeness of
the information contained herein. Any person who believes information provided is not accurate may contact the Department of Corrections.
For questions and comments, you may contact the Department of Corrections, Bureau of Classification and Central Records, at (850) 488-9859 or go
to Frequently Asked Questions About Inmates for more information. This information is made available to the public and law enforcement in the
interest of public safety.

Search Criteria: Search Aliases: off DC#: U51808 Offense Category: ALL County of Commitment: ALL Current Location: ALL

Return to Corrections Offender Information Network

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9/13/2017 4:09 PM
Page 1 of 1

Neil Gillespie

From: "Greg Harrell" <gharrell@marioncountyclerk.org>


To: <neilgillespie@mfi.net>
Cc: "David Ellspermann" <Ellspermann@marioncountyclerk.org>
Sent: Friday, April 06, 2018 4:04 PM
Subject: Re: Public Records Request (PRR), Article I, Section 24, Florida Constitution

Mr. Gillespie:

The court records related to the correspondence you reference below appear to be DOC #
301, consisting of 58 pages, filed on March 15, 2016, and DOC # 302, consisting of 6 pages, filed
on March 17, 2016. Both are showing on the docket. Please take a look at them and then confirm
whether you still want us to provide you with copies of either or both. The cost would be $1 per
page.
Gregory C. Harrell
General Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
gharrell@marioncountyclerk.org

>>> "Neil Gillespie" <neilgillespie@mfi.net> 04/06/2018 03:52 PM >>>


>

David R. Ellspermann, Marion County Clerk of Court & Comptroller


P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
Cc: Greg Harrell
RE: Public Records Request (PRR), Article I, Section 24, Florida Constitution
Dear Mr. Ellspermann,
Sometime in early 2016, I believe, I notified your office that I was not lawfully served in 13.115.CA, and that the
process server, Robert McGuinness, was incarcerated, see attached. I believe Mr. Harrell placed my correspondence on
the record in 13.115.CA. This PRR is for a copy of that correspondence as it appears on the record in 13.115.CA. I
have not been able to locate the document, and I do not have a DOC number for it. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

10
7/3/2018
VIA Email: Ellspermann@marioncountyclerk.org March 17, 2016

David R. Ellspermann Cc: Gregory C. Harrell, General Counsel


Marion County Clerk of Court & Comptroller Email: GHarrell@marioncountyclerk.org
Marion County Courthouse
110 NW 1st Ave.
Ocala, FL 34475

RE: Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie and Mark Gillespie as Co-Trustees, et al.
Marion County Case No. 2013-CA-115, FL Fifth Judicial Circuit; 42-2013CA000115-CAAXXX

RE: Records request, Art. I, Sec. 24, Fla. Const. All public records requests shall be
acknowledged promptly and in good faith, F.S. § 119.07(1)(c); and/or Rule 2.420(m)(1)

Dear Mr. Ellspermann:

Attached is a scan of page 1 of the Certified Copy of the Complaint in 2013-CA-115, that does
not show a case number. The Plaintiff’s Verified Complaint to Foreclose Home Equity
Conversion Mortgage is arguably the most important document in the case file. How is it
possible that the Complaint does not show the case number?

The Clerk’s online docket does not show an image of the Complaint, which is missing at
Document #3, Action Date 01-09-2013, Description, “PETITION/COMPLAINT NO DOC#”

Without an identifiable Complaint in the case file, this case is nonsense, in my opinion.

See PDF page 11 of the attached docket. For some reason, the document numbers are wildly out
of order on page 11. Is that to add to the confusion of this nonsense case?

Provide records that may explain the lack of a case number on the Complaint, the Complaint
image missing from the Clerk’s online docket, and docket doc. numbers wildly out of order.

Sincerely,

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

Enclosures
Cc: MCSO, FDLE
FBI Jacksonville Division
FBI Tampa Division

11
https://www.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=CyTsX_QZPFTZAwafrJy-kIzdO_L9qvQZMhxhqjI3WY8&from=caseSearchTab

DESIGNATION OF EMAIL ADDRESS FILED BY PRO SE


36 02/04/2013
DEFT, NEIL J GILLESPIE
DESIGNATION OF EMAIL ADDRESS AND NOTICE OF
27 02/01/2013
APPEARANCE
DESIGNATION OF EMAIL ADDRESS TIFFANY CAPARAS ESQ
28 02/01/2013
FOR DEFTS
29 02/01/2013 DESIGNATION OF EMAIL ADDRESS **EFILED DOCUMENT**
25 02/01/2013 MOTION TO QUASH SERVICE OF PROCESS
26 02/01/2013 MOTION TO QUASH **EFILED DOCUMENT**
12 01/09/2013 ASM: RPF $50K-$250K
8 01/09/2013 ASM: ISSUE SUMMONS-CA
2 01/09/2013 ASM: CLERK FEE TO ESCROW ACCT
11 01/09/2013 ASM: REFUND TO PAYOR
1 01/09/2013 ASM: ADDITIONAL PERSONS FF CA
3 01/09/2013 PETITION/COMPLAINT NO DOC#
9 01/09/2013 CIVIL COVER SHEET
24 01/09/2013 MORTGAGE FORECLOSURE COMPLAINT
10 01/09/2013 RPF VALUE CLAIM FORM
DESIGNATION OF EMAIL ADDRESS
4 01/09/2013
MRSERVICE@MCCALLARAYMER.COM
5 01/09/2013 NOTICE OF REFUND TO MCCALLA RAYMER
NOTICE OF REFUND 225 EAST ROBINSON STREET STE
6 01/09/2013
660
7 01/09/2013 NOTICE OF REFUND ORLANDO FL 32801
SUMMONS ISSUED NEIL J GILLESPIE AND MARK GILLESPIE
13 01/09/2013
AS CO TRUSTEES OF THE
SUMMONS ISSUED GILLESPIE FAMILY LIVING TRUST
14 01/09/2013
AGREEMENT DATED FEBRUARY
SUMMONS ISSUED 10 1997, OAK RUN HOMEOWNERS
15 01/09/2013
ASSOCIATION INC, UNITED STATES
SUMMONS ISSUED OF AMERICA ON BEHALF OF THE
16 01/09/2013
SECRETARY OF HOUSING AND
SUMMONS ISSUED URBAN DEVELOPMENT, ELIZABETH
17 01/09/2013
BAUERLE, MARK GILLESPIE,
SUMMONS ISSUED NEIL J GILLESPIE, DEVELOPMENT &
18 01/09/2013
CONSTRUCTION CORPORATION OF
SUMMONS ISSUED AMERICA, UNKNOWN SPOUSE OF
19 01/09/2013
ELIZABETH BAUERLE, UNKNOWN
SUMMONS ISSUED SPOUSE OF MARK GILLESPIE,
20 01/09/2013
UNKNOWN SPOUSE OF NEIL J
SUMMONS ISSUED GILLESPIE, UNKNOWN
21 01/09/2013
SETTLORS/BENEFICIARIES OF THE GILLESPIE

3/17/2016 2:53 PM
Page 1 of 1

Neil Gillespie

From: "Neil Gillespie" <neilgillespie@mfi.net>


To: "David Ellspermann" <Ellspermann@marioncountyclerk.org>
Cc: "Greg Harrell" <GHarrell@marioncountyclerk.org>; "Neil Gillespie" <neilgillespie@mfi.net>
Sent: Friday, April 20, 2018 3:26 PM
Attach: Record request to Clerk David R. Ellspermann-Mar-17-2016.pdf
Subject: did the Clerk place this communication on the record in 13-CA-115

David R. Ellspermann
Marion County Clerk of Court & Comptroller
Cc: Gregory C. Harrell, General Counsel
Marion County Courthouse
110 NW 1st Ave.
Ocala, FL 34475

Dear Clerk Ellspermann,

Regarding my attached record request, and Mr. Harrell's response(s), did the Clerk place this
communication on the record in 13-CA-115? If so, what is the DOC number? Thank you.

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

7/3/2018
Page 1 of 1

Neil Gillespie

From: "Greg Harrell" <gharrell@marioncountyclerk.org>


To: <neilgillespie@mfi.net>
Cc: "David Ellspermann" <Ellspermann@marioncountyclerk.org>
Sent: Friday, April 20, 2018 6:02 PM
Subject: Re: did the Clerk place this communication on the record in 13-CA-115
Mr. Gillespie:

DOC 304 contains a copy of your correspondence of 3.17.16 to the Clerk and my response to you.

I am presently out of the office and not able to tell if I ever received the attachments to your
correspondence of 3.17.16 to the Clerk, but I can and will check on that upon my return on 4.30.18.

I apologize that I also am not able to adjust the font size of this remote communication.

Sincerely,
Greg Harrell

Sent from my iPhone

On Apr 20, 2018, at 3:27 PM, Neil Gillespie <neilgillespie@mfi.net> wrote:

David R. Ellspermann
Marion County Clerk of Court & Comptroller
Cc: Gregory C. Harrell, General Counsel
Marion County Courthouse
110 NW 1st Ave.
Ocala, FL 34475

Dear Clerk Ellspermann,

Regarding my attached record request, and Mr. Harrell's response(s), did the Clerk place
this communication on the record in 13-CA-115? If so, what is the DOC number? Thank
you.

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

<Record request to Clerk David R. Ellspermann-Mar-17-2016.pdf>

7/3/2018
VIA UPS NEXT DAY AIR August 9, 2012

U.S. Department of Housing and Urban Development (HUD)


Atlanta HUD Homeownership Center
ATTN: Director, Program Support Division
40 Marietta Street, 8th Floor
Atlanta, GA 30303-2806

Reverse Mortgage Solutions, Inc. (RMA) RMS


2727 Spring Creek Drive
Spring, TX 77373

Complaint: HUD Complaint, HUD Reverse Mortgage Handbook 7610.01, Section 4-19
Dispute: Notice of Default and Intent to Foreclose, acct./loan no. 68011002615899

Dear HUD and RMA: RMS

Recently we found a material alteration to our HECM reverse mortgage made by interlineation
after execution. (Exhibits 32 and 33). Please take notice that we DO NOT ratify the change. The
interlineation is a hand-written alteration, not initialed and not dated, and vitiates the mortgage.

The interlineation is an attempt to add a new party to the reverse mortgage, Penelope M.
Gillespie individually. The interlineation recently came to our attention when an attorney we
consulted found the altered mortgage on the Marion County Clerk’s website. This mortgagee
document differs from the mortgage documents we signed June 5, 2008 with no interlineation.
On January 15, 2009 Bank of America provided us with copies of the mortgage documents that
have no interlineation. (Exhibits 9 and 10). Therefore I conclude that the interlineation is
evidence of fraud by the lender and/or lender-affiliated parties.

Under Florida law a material alteration voids the instrument and destroys the identity of the
contract rendering it unenforceable. Bland v. Fidelity Trust Co., 71 Fla. 499, 71 So. 630 (1916).

Since a HECM reverse mortgage is a non-recourse loan, the void contract is unenforceable, and
the lender has no further means to collect the debt beyond the terms of the original documents.

In addition, a review of the file in this matter shows fraud and gross misconduct by the lender
and lender-affiliated parties, including the HECM-approved reverse mortgage counselor.

This letter is a complaint to the U.S. Department of Housing and Urban Development (HUD) as
provided for in the HUD Reverse Mortgage Handbook 7610.01, Section 4-19 Concerns or
Complaints Regarding a HECM Lender or Reverse Mortgage Counselor.

The records of RMS are not accurate. There are three borrowers, including Neil Gillespie, who is
currently living in the home. Therefore RMS’s “Notice of Default and Intent to Foreclose” dated
June 8, 2012 is improper. (Exhibit A). There are no grounds for acceleration of the debt.

12
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 2
An “Assignment of Mortgage” provided by RMS in response to our RESPA request shows Neil
Gillespie as one of three original borrowers. (Exhibit 1). This has been our position since the
beginning when we all signed the loan documents June 5, 2008.

A review of this reverse mortgage shows problems with the documents and business practices
used to solicit and make this loan. Those issues include fraud, breach of fiduciary duty, predatory
lending, and negligence toward a borrower who lacked legal competency, to steer us into a
HECM reverse mortgage that charged higher fees and stripped us of home equity.

Borrower Penelope Gillespie suffered from Alzheimer’s dementia at the time of the HECM
reverse mortgage and counseling session. Ms. Gillespie lacked capacity to make a contract, and
died of dementia September 16, 2009. Neil Gillespie was Ms. Gillespie’s primary caregiver and
had Durable Power of Attorney (POA), but the HUD counselor, lenders, and related parties
failed to require the POA. The record shows that this loan failed to comply with requirements
related to competency as set forth in the HUD Reverse Mortgage Handbooks 4235.1 and 7601.1.

At the time we believed that Ms. Gillespie’s lack of capacity was mitigated by the fact that Neil
Gillespie and Mark Gillespie were also borrowers on the loan. However if it is determined that
Neil Gillespie and Mark Gillespie are not borrowers on the loan, then Ms. Gillespie’s lack of
capacity is very significant, and the reverse mortgage is void or voidable and must be canceled.

Neil Gillespie a disabled adult. This is a request for disability accommodation. Neil Gillespie is
disabled as defined by the following:

a. The Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et. seq.


b. Section 825.101(4), Florida Statutes.
c. The Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq.
d. ADA Amendments Act of 2008 (ADAAA).

1. Fraudulent Assignment From Liberty Reverse Mortgage to Bank of America

Liberty Reverse Mortgage unlawfully assigned this reverse mortgage to Bank of America before
the loan closed. A “Corporation Assignment of Deed of Trust/Mortgage” made June 3, 2008 by
Liberty Reverse Mortgage to Bank of America “grants, sells, assigns, and transfers” “all
beneficial interest under that Certain Deed of Trust/Mortgage dated May 29, 2008 executed by
Penelope M. Gillespie, Neil J. Gillespie and Mark Gillespie, as Co-Trustees of The Gillespie
Family Living Trust Agreement dated February 10, 1997, Borrower, to Liberty Reverse
Mortgage, Inc.”. (Exhibit 2). This assignment is fraudulent on its face because no deed was
executed on May 29, 2008 by any of the parties. The deed was executed on June 5, 2008.

The assignment made June 3, 2008 by Jessica Yee, Asst. Secretary of Liberty Reverse Mortgage,
shows evidence of fraud because the deed was not executed by the parties until June 5, 2008. Yet
Ms. Yee certified under “PENALTY OF PERJURY” before notary Bernadette Perez on June 3,
2008 that the deed was executed May 29, 2008 when the deed was NOT executed. (Exhibit 2).
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
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The fraudulent assignment of June 3, 2008 did not comply with RESPA, the Real Estate
Settlement Procedures Act (12 U.S.C. 2605), including notice of the assignment. (Exhibit 3).

Bank of America notified us by letter that effective July 1, 2011 “…the servicing of reverse
mortgage loans by our subsidiary-BAC Home Loans Servicing, LP, will transfer to our parent
company-Bank of America, N.A.”. This is a request for a copy of the July 1, 2011 assignment.

Also, Jessica Yee made a “Direct Endorsement Allonge” - without recourse - May 29, 2008 that
predates execution of the Note by a week. The Note was signed June 5, 2008. (Exhibit 4).

The original settlement date of May 29, 2008 was canceled because our attorney Robert Stermer
became ill and could not attend. The settlement was rescheduled, and closed June 5, 2008.

2. HECM Loan Originator Liz Baize of Park Avenue Bank - Application Not Right

Neil Gillespie had an existing and ongoing banking relationship with Park Avenue Bank (PAB),
consisting of a monthly automatic deposit of his disability check and a small savings account.
That existing relationship was the basis for going to PAB for a HECM reverse mortgage.

A recent review shows that the HECM residential loan application was not accurate. Fannie Mae
loan form (no. 1009, 05/2004) signed by Penelope Gillespie and Liz Baize of Park Avenue Bank
on June 5, 2008 explicitly states in the opening paragraph that “Co-borrower information must
be provided when a person other than the “Borrower”…is a co-owner of the real property that
will be used as a basis for loan qualification…”. (Exhibit 5). (see page four (4), paragraph 1,
Instructions for completing the residential loan application for reverse mortgages).

Contrary to law, the application does not show that the property title is held in an Inter Vivos
(Living) Trust. The application incorrectly shows the property held in the sole name of Penelope
M. Gillespie. This application was completed by Liz Baize of Park Avenue Bank, the loan
originator, and signed June 5, 2008 by Ms. Baize. This incorrect information is repeated in the
attached Addendum. As a factual matter, the quit-claim deed is titled to Penelope M. Gillespie,
Neil J. Gillespie and Mark Gillespie, as Co-Trustees of the Gillespie Family Living Trust.

Liz Baize, Park Avenue Bank, Financial Title Company, and Liberty Reverse Mortgage all knew
that the property was not titled in the name of Penelope M. Gillespie. The Borrower’s Escrow
Instructions, dated May 28, 2008 by Financial Title Company, shows: (Exhibit 6)

“…the property described in Preliminary report issued by Mercury Transaction Services,


Report No. 42613725, dated April 16, 2008, showing title vested in Penelope M.
Gillespie and Neil J. Gillespie and Mark Gillespie, as Co-Trustees of the Gillespie
Family Living Trust Agreement dated February 10, 1997, describing the property known
as: 8092 SW 115th Loop, Ocala, FL 34481.”

Nonetheless, Liz Baize and Park Avenue Bank certified the false information as correct.
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Furthermore, on page three (3) of the application, part VII, Acknowledgment and Agreement,
item 10, representations were made as to the value of the property by Liz Baize, Park Avenue
Bank, the appraisal company, Liberty Reverse Mortgage, and the HUD HECM consumer reverse
mortgage counselor Susan Gray/CCCS/MMI. Representations of property value were made by
these parties in various financial schedules and loan projections, described in detail below.

An earlier HECM residential loan application dated April 25, 2008 signed by Penelope Gillespie
and Liz Baize/Park Avenue Bank is essentially the same as June 5th application, and contains the
same false information about the title to the property. (Exhibit 7).

3. Original Settlement May 29, 2008 Canceled Due To Attorney Illness

The original settlement date of May 29, 2008 was canceled because our attorney Robert Stermer
became ill and could not attend. The settlement was rescheduled, and closed June 5, 2008.

Liz Baize of Park Avenue Bank, the loan originator, provided Neil Gillespie with copies of the
unsigned documents from the canceled closing of May 29, 2008, along with a handwritten note
on bank letterhead that read: (Exhibit 8)

Neil, Received permission to give you this copy for review in the event you want to pick
up again next Thurs. If you decide to confirm next Thurs at 2:00 a 48 hour notice would
be good. Thank you. Liz.

Liz Baize hand delivered the documents to Neil Gillespie at our home. Ms. Baize provided 149
pages of HECM loan documents, including an Estimated Borrowers Closing Statement that
shows three (3) borrowers: Penelope M. Gillespie, Neil J. Gillespie, and Mark Gillespie. (Printed
by Fatima Pacheco on 05/28/08 at 1:55:48PM).

Liz Baize also provided “Borrower’s Escrow Instructions” that shows the property title vested in
the names of Penelope M. Gillespie, Neil J. Gillespie, and Mark Gillespie, as Co-Trustees of the
Gillespie Family Living Trust Agreement dated February 10, 1997. (Exhibits 6 and 8). Ms. Baize
provided copies of other documents that also showed three (3) borrowers, such as the HECM
Reverse Mortgage (first and second) and the HECM Note (first and second).

Also included was a Notice of Assignment, Sale or Transfer of Servicing Rights: (Exhibit 3)

You are hereby notified as a requirement of Section 6 of the Real Estate Settlement
Procedures Act (RESPA) (12 U.S.C. 2605) that the servicing of your mortgage loan, that
is, the right to collect payments from you, is being assigned, sold or transferred from
Liberty Reverse Mortgage, Inc. to Bank of America, N.A effective June 03, 2008

Liberty Reverse Mortgage went ahead with the assignment June 3, 2008, even though the loan
did not close May 29, 2008. The loan closed June 5, 2008, two days later.
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 5
4. Original HECM Mortgage and Note Shows Three Borrowers

The original HECM Mortgage and Note shows three borrowers. Neil Gillespie provided copies
of these documents to RMA in a RESPA request dated May 14, 2012. RMA returned the copies.

The HECM documents in Exhibits 9 through 12 were provided by Tom DeBeauchamp of Bank
of America to Penelope Gillespie January 15, 2009 by FedEx. (Exhibit 34). No cover letter was
provided by Bank of America, just 126 pages of copies. This was in response to our request to
Bank of America for copies of signed documents from the June 5, 2008 settlement.

a. The HECM reverse mortgage documents (both first and second mortgages) show three
(3) mortgagors as borrowers: (Exhibits 9 and 10).

“THIS MORTGAGE ("Security Instrument") is given on June 05, 2008. The mortgagor
is Penelope M. Gillespie, Neil J. Gillespie and Mark Gillespie, as Co-Trustees of The
Gillespie Family Living Trust Agreement dated February 10, 1997, whose address is
8092 SW 115th Loop, Ocala, FL 34481 ("Borrower").”

b. The HECM adjustable rate Note documents (both first and second Notes) defines the
term “Borrower” in paragraph 1, definitions: (Exhibits 11 and 12)

“1. DEFINITIONS "Borrower" means each person signing at the end of this Note.”

The note show three (3) persons signed, each as are borrowers: Penelope M. Gillespie, Neil J.
Gillespie and Mark Gillespie, as co-trustees of The Gillespie Family Living Trust Agreement.

c. Co-trustees are persons and therefore borrowers as defined by the Note. This definition
is consistent with HUD’s model forms in Appendixes 2 and 3 to HUD handbook 4235.1.
Because co-trustees are persons and therefore borrowers, the trust provision in the mortgage is
ambiguous and should be construed in favor of the borrower(s). Paragraph 9(e) of the mortgage,
last sentence, states: “A trust shall not be considered an occupant or be considered as having a
principal residence for purposes of this Paragraph 9.”

Taken on its face as true, the trust is not an occupant, nor does it have the property as its
principal residence. A trust is a legal fiction and does not reside anywhere. Co-trustees are
people, and "Borrower" means each person signing at the end of this Note. Neil Gillespie is a
person, a co-trustee, and a borrower residing in the property.

5. Material Alteration to the Original HECM Mortgage

A material alteration was made by handwritten interlineation, with no initials and no date, to the
original HECM mortgage sometime after the parties signed the mortgage on June 5, 2008. Please
take notice that we DO NOT ratify the change. The altered mortgage was filed June 25, 2008
with the Marion County Clerk of Court. This altered mortgage came to the attention of Neil
Gillespie July 12, 2012 by reading the official record on the Marion County Clerk’s website.
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A copy of the altered HECM mortgage accompanies this complaint as Exhibit 32. A copy of the
altered HECM second mortgage accompanies this complaint as Exhibit 33.

The following material alterations were made by handwritten interlineation to the HECM
mortgage after the fact, and not initialed or dated by any party to acknowledge the changes.

a. A material alteration was made to the HECM mortgage by way of a handwritten


interlineation above the name of Penelope M. Gillespie in the second sentence that reads
“individually and as trustee”. This material alteration was not initialed or dated by any party.

b. A material alteration was made to the HECM second mortgage by way of a


handwritten interlineation above the name of Penelope M. Gillespie in the second sentence that
reads “individually and as”. This material alteration was not initialed or dated by any party.

c. Someone also removed on the HECM mortgage the printed words “prepared by”
located under the Liberty Reverse Mortgage address block on the first page, and added the
handwritten words “Prepared By:” over the same Liberty Reverse Mortgage address block. This
alteration was not initialed or dated by any party.

d. Someone also removed on the HECM second mortgage the printed words “prepared
by” located under the Liberty Reverse Mortgage address block on the first page, and added the
handwritten words “Prepared By:” over the same Liberty Reverse Mortgage address block. This
alteration was not initialed or dated by any party.

e. On the HECM mortgage someone added to the signature block the property address in
handwritten script, and asterisks by the names Penelope M. Gillespie and Neil J. Gillespie. The name
of Mark Gillespie was crossed out in this signature block. In the signature block for Mark Gillespie,
someone added the property address in handwritten script, and crossed out the names of Penelope M.
Gillespie and Neil J. Gillespie. These alteration were not initialed or dated by any party.

6. Property Deed Shows Vesting to Three Owners - First American Title Insurance Company

A quit-claim deed to the property at 8092 SW 115th Loop shows vesting to Penelope M.
Gillespie, Neil J. Gillespie and Mark Gillespie, as Co-Trustees of The Gillespie Family Living
Trust Agreement dated February 10, 1997. A copy of the deed was provided to us April 4, 2011
by First American Title Insurance Company, along with a copy of the Florida Department of
Revenue, Return for Transfers of Interest in Real Property. (Exhibit 13).

7. HUD - HECM Consumer Reverse Mortgage Counseling

Penelope Gillespie and Neil Gillespie attended telephonically April 22, 2008 HECM consumer
reverse mortgage counseling with Susan Gray of Consumer Credit Counseling Services, Money
Management International Incorporated (CCCS/MMI). MMI is located in Beaumont, Texas.

Counseling is required by HUD for the purpose of providing to borrowers “…information about
the implications of and alternatives to a reverse mortgage.” Ms. Gray certified in accordance
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with Section 255 of the National Housing Act and 24CFR 206.41, that she discussed in detail
items 1 through 7 listed on the certificate, including number 3, “The financial implications of
entering into a Home Equity Conversion Mortgage.” (Exhibit 14)

The “counseling” provided by MMI did not meet requirements set forth in the HUD Reverse
Mortgage Handbook. The financial information provided by MMI has since proved wildly
inaccurate. The session was perfunctory and did not provide any actual counseling as required.

HUD HECM Reverse Mortgage - Very Complex Financial Product

A HUD HECM Reverse Mortgage is a very complex financial product. The consequences to the
borrower, the family and the estate are significant and life changing. Those consequences can
strip borrowers of home equity, threaten families with foreclosure, and destabilize communities.

HUD has published at least two Reverse Mortgage Handbooks, HUD handbook 4235.1 REV-1
issued November 18, 1994, and HUD handbook 7610.1 REV-5 issued May 2010. At the time of
the HUD counseling session and reverse mortgage, we did not know that a handbook existed.
Parts of the handbooks are similar, but the Appendixes are not. HUD handbook 7610.1 has four
(4) Appendices, and HUD handbook 4235.1 has twenty-three (23) Appendixes. Each handbook
exceeds 180 pages. Below is a link to the HUD handbooks and other HUD publications.

http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/
hsgh

Appendix 4 to HUD handbook 7610.1 is the “HECM Counseling Protocol”, and as the name
suggests, consists of one hundred one (101) pages of counseling protocol for HECM loans, and
includes the following: (NOTE: HUD also has a separate, HECM Housing Counseling Protocol
7610.0 online http://portal.hud.gov/hudportal/documents/huddoc?id=7610-0_COMBINED.PDF)

APPENDIX 4 - HECM Counseling Protocol


Table of Contents

I. Objectives of Reverse Mortgage Counseling 78


II. Reverse Mortgage Counselor Roles and Responsibilities 78
III. The Counseling Session 81
IV. Client Needs and Circumstances 92
V. Features of Reverse Mortgages 96
VI. Financial Alternatives and Supplements 109
VII. Reverse Mortgage Counseling Tools 113

Attachment A: HUD Counseling Policies 115


Attachment B: Resources for Counselors 130
Attachment C: Resources for Clients 152

Appendix 4 states in section II. Reverse Mortgage Counselor Roles and Responsibilities, that the
responsibility of the counselor includes: (page 80)
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Reviewing the Client’s Level of Understanding

“The counselor must make specific efforts to review the client’s level of understanding of
reverse mortgages, including the following:

1. The basic mechanics, requirements and implications of a reverse mortgage;


2. The impact on the client’s personal financial situation of the particular loan in which
he or she is interested; and
3. The client’s responsibilities and requirements for residency under the mortgage

Review Tool
Attachment B.10 provides a list of questions the counselor must ask to assess client
comprehension. Counselors must ask questions about reverse mortgages in general
and questions appropriate to the specific client situation. The client must be able to
answer five of the ten questions in order to receive the counseling certificate during
the first session. These questions will be interspersed throughout the session. The
counselor will ask questions in the spirit of a review throughout the counseling
session, rather than an exam at the end of the session, in order to avoid intimidating
or insulting the client.

The counselor may discontinue the session without issuing the certificate if it is apparent
early in the counseling session that the client is not able to understand the material. Refer
to Attachment B.10 for the appropriate course of action in this case.

Attachment B.10, “Reviewing the Client’s Level of Understanding” is attached to this complaint
as Exhibit 42. This four (4) page attachment begins:

The content of a reverse mortgage counseling session is comprehensive and complex. A


truly informed decision to apply for a reverse mortgage requires both an understanding of
the essential elements of the loan and the ability to apply that knowledge to the client’s
individual situation. Part of the counselor’s role is to review, during and at the end of
every session, whether the client has been adequately informed and has a level of
understanding indicating he or she grasps the fundamental facts of a reverse mortgage.

Other requirements set forth in Attachment B.10 include: (Exhibit 41)

During the session, counselors must ask ten questions to determine whether the client has
understood the essential features of the reverse mortgage. These questions explore some
of the most fundamental facts about reverse mortgages – things that every adequately
informed client must know.

Clients must answer five questions correctly to receive the Counseling Certificate at
the initial counseling session. For additional instructions on what counselors should do if
the client cannot answer five questions correctly see the section titled Results of the
Review….Whenever possible, avoid yes/no questions.
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Page - 9

If there are two or more borrowers, the counselor may request that each client alternate
answering questions. In addition, if one client appears to be quieter and less involved
during the session, the counselor may direct the questions entirely to that client, while
asking the other client to remain silent. If the quiet client cannot respond, then the
counselor may allow the other one to answer the question. The counselor must avoid
allowing a dominant client to completely take over the question and answer exchange.

If the client is accompanied by a legal representative (e.g., someone who has durable
power of attorney), direct the questions to the client whenever possible, asking the agent
to remain silent until the client has attempted to answer. If the client is unable to respond
adequately, the certificate should be signed by the legal representative only and should
include the notation that the client was unable to fully participate in counseling.

Results of the Review


Counselors must make detailed notes about difficulties the client has in answering
questions, particularly when the answers are grossly inadequate, as this will help support
any decision to withhold or delay issuing the certificate.

Because these questions are meant to test the most basic reverse mortgage concepts, if
the client cannot provide adequate answers for five questions, there may be concern
about his or her ability to make an adequately informed reverse mortgage decision. If that
is the case, the counselor must not issue the counseling certificate after the first
counseling session, but must propose additional ways to help the client gain the necessary
knowledge. These options must meet the client’s specific needs.

During any additional counseling sessions, the counselor will ask the review questions
again. If the client again is not able to correctly answer five out of the ten questions, the
counselor will ask the client if they would like additional time and invite them to come
back at a later date after they have had more time to study the materials. A certificate
cannot be issued until the client correctly answers 5 out of the 10 questions.

Each handbook references the other, and both appear relevant to a reverse mortgage made today.
In addition, the HUD handbooks not only make reference each other, but to many additional
laws and regulations, including a number of civil rights laws. For example, HUD handbook
7610.1, Chapter 3, Section 3-1 F. Civil Rights, states:

F. Civil Rights. All participating agencies must administer their housing counseling
programs in accordance with and remain in compliance with corresponding Departmental
regulations and guidance and the following nondiscrimination regulatory and legislative
requirements:

a. Title VI of the Civil Rights Act of 1964,


b. Title VIII of the Civil Rights Act of 1968,
c. Executive Order 11063,
d. Section 504 of the Rehabilitation Act of 1973,
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 10
e. The Age Discrimination Act of 1975
f. Americans with Disabilities
g. Title IX of the Education Amendments of 1972.

These requirement are designed to prevent discrimination in the delivery of benefits and
services because of race, color, religion (creed), sex, national origin, age, familial status
or disability.

Because of the complex nature of a HECM Reverse Mortgage, participating agencies must offer
and be able to provide counseling, as opposed to just education. (HUD handbook 7610.1, 3-1 A).

A. Counseling. Participating agencies must offer and be able to provide counseling, as


opposed to just education, to current and potential homeowners or tenants to assist them
in improving their housing conditions and in meeting the responsibilities of
homeownership or tenancy. Participating agencies must provide counseling on one or
more of the topics outlined in Paragraph 3-6.

Counseling activities must be limited to the geographic area specified in the agency’s approved
housing counseling work plan. (HUD handbook 7610.1, 3-1 E).

E. Geographic Scope. Regardless of the setting or format, counseling activities must be


limited to the geographic area specified in the agency’s approved housing counseling
work plan. For example, agencies may only offer telephone counseling to clients in their
approved geographic area. With HUD’s approval, or at HUD’s discretion, geographic
scope can be expanded or reduced.

In order for a client to be classified as counseled under HUD’s Housing Counseling program, the
client must receive all of the basic services outlined in §214.300 (6)(b) and Items A – E below.
(HUD handbook 7610.1, Chapter 3, Section 5). A housing counselor must perform and
document these activities. (only Section 3-5 D is shown here).

3-5 D. Financial Analysis. Every housing counseling session requires an analysis of the
client’s unique financial situation. This includes but is not limited to:
1. A review of the client's income, expenses, spending habits, home values and
use of credit.
2. A comparative analysis of the client’s spending habits to determine if the
client’s habits are more suitable for renting than owning.
3. The establishment of a household budget that the client can afford.

HUD states that all borrowers on the deed must have counseling. See page 34, HUD handbook
7610.1, Chapter 4, Section 4-1 E.

E. Counseling Requirement for Home Equity Conversion Mortgage HECM) Borrowers.


Section 255(d) of the National Housing Act and the implementing FHA regulations at 24
CFR § 206.41 state that all prospective HECM borrowers must receive reverse mortgage
counseling prior to obtaining a HECM. This counseling must be received from eligible
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 11
counselors working for participating agencies approved to provide this statutorily
required counseling.

To meet the statutory requirements for obtaining a HECM, the prospective borrower must
receive one-on-one reverse mortgage counseling and be issued a HECM counseling
certificate. Counselors are allowed to provide the required reverse mortgage counseling
to a group of related family members if they are documented on the deed together.

HUD states any person(s) listed on the deed must receive reverse mortgage counseling, including
beneficiaries of a life estate trust. See page 42, HUD handbook 7610.1, Chapter 4, Section 4-14.

4-14 HECM Borrowers – Persons Required to Receive Reverse Mortgage Housing


Counseling. All eligible HECM borrower(s) meeting the requirements of Handbook
4235.1, including all eligible mortgagors on the property deed, must receive reverse
mortgage counseling covering the topics outlined in this chapter.

In the event that multiple eligible borrowers shown on the deed are not located in the
same place, counseling may be provided to these parties by one counselor via
teleconference call or the individuals may receive counseling separately from different
counselors. However, HUD expects counseling agencies to avoid unnecessary separate
counseling, and to make every practical effort to counsel the borrower(s) and any related
parties simultaneously.

A. Person(s) on the Deed. Any person(s) listed on the deed must receive reverse
mortgage counseling. (NOTE: Mark Gillespie is on the deed and did not receive
counseling)

B. Beneficiaries of Life Estates. FHA will insure a HECM on property held in the name
of a trust with beneficiaries according to the provisions described in the HECM
Handbook 4235.1, Rev.1 and Mortgagee Letter (ML) 93-22. The HECM Handbook and
ML 93-22 provide, in part, that all beneficiaries of the trust should be eligible HECM
borrowers at the time of origination and until the mortgage is released. Current trust
beneficiaries or individuals who are eligible HECM borrowers and are seeking a HECM
loan must attend reverse mortgage counseling and sign the HECM counseling certificate.

The following names are listed on the quit-claim deed, HECM Mortgage, and HECM Note:
Penelope M. Gillespie, Neil J. Gillespie, and Mark Gillespie, as Co-Trustees of the Gillespie
Family Living Trust. Mark Gillespie did not receive one-on-one reverse mortgage counseling
and was not issued a HECM counseling certificate. Neil Gillespie received one-on-one reverse
mortgage counseling and was issued a HECM counseling certificate.

Susan Gray/CCCS/MMI provided Penelope Gillespie and Neil Gillespie a HECM counseling
package by mail April 23, 2008. (Exhibit 14). The counseling package contained the following:

a. Two Certificates of HECM Counseling, one for homeowner Penelope Gillespie and
one for homeowner Neil Gillespie. The HUD certificate is on form OMB Approval No. 2502-
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Page - 12
0524. An attached note states: “If you decide to proceed with a Reverse Mortgage, you will need
to give BOTH of these ORIGINAL CERTIFICATES to the lender of your choice.

b. Reverse Mortgage Comparison - Selected Plans, prepared for Penelope Gillespie and
Neil Gillespie. (Exhibit 14.1).

c. FHA's Monthly Adjustable Home Equity Conversion Mortgage (HECM) Loan


Estimated Amortization Schedule for Penelope Gillespie and Neil Gillespie. (Exhibit 14.2). The
estimate makes certain assumptions, including, “Assumes an INITIAL Interest Rate of 3.170%
And Home Price Appreciation of 4%.” The estimate makes no provision for falling home prices.

d. Four (4) additional pages of reverse mortgage information. (Exhibit 14).

A copy of the Certificate of HECM Counseling was signed by Penelope Gillespie. (Exhibit 15).
The lender did not submit a signed Certificate of HECM Counseling for Neil Gillespie.

A voice recording of the telephonic counseling session was made in .wav format. A CD copy is
enclosed. All calls made to home office telephone extension (352) 854-7807 are recorded for
quality assurance purposes pursuant to Florida Statutes chapter 934, section 934.02(4)(a)(1) and
the holding of Royal Health Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th
Cir. 1991). This was to keep an accurate record of Ms. Gillespie’s medically-related calls from
doctors, and as a disability accommodation for Neil Gillespie.

Some of the information provided to Penelope and Neil Gillespie April 22, 2008 by Susan
Gray/CCCS/MMI during this counseling session was not accurate. For example, Ms. Gray said
(at 26 minutes, 21 seconds in the recording) that in year 10 the balance on the loan would be
$150,000, and the home value would be $207,000, resulting in equity of $57,000. However
today, four years into the reverse mortgage, the home value is $85,564, resulting in an equity
deficit of -$22,492 ($85,564 value - $108,056 RMA demand Jun-08-12).

At the end of the call, Ms. Gray said “Your home should maintain positive equity for a long
time”. (at 33 minutes, 50 seconds in the recording). Clearly this was inaccurate information. Ms.
Gray did not state that the property could decline in value. When Neil Gillespie asked about the
buyer’s margin interest rate, Ms. Gray was unable to answer, and said “and I’ll be honest Neil, I
don’t understand the mathematical reasoning either other than it has something to do with the
floor that was used when they made up these factor tables”. When Neil Gillespie asked what
“floor” meant, Ms. Gray did not know. (at 41 minutes, 30 seconds).

The “FHA's Monthly Adjustable Home Equity Conversion Mortgage (HECM) Loan Estimated
Amortization Schedule for Penelope Gillespie and Neil Gillespie” shows at year four (4) an
ending loan balance of $118,550, a home value of $163,780, and a retained equity of $45,230.
(Exhibit 14.2). The actual home value today is $85,564, and the current loan balance is $108,056
per RMA’s demand letter of June 8, 2012, resulting in an equity deficit of -$22,492. The gross
equity difference, as compared to the figures in Exhibit 14.2, is $67,722. (-$22,492 vs. $45,230).
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
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HUD and its agent Ms. Gray/CCCS/MMI owed Penelope Gillespie, Neil Gillespie, Mark
Gillespie, and the Gillespie Family Living Trust, a fiduciary duty, and a duty of competence.

The financial disclosures provided by HUD/Susan Gray/CCCS/MMI about this reverse mortgage
were false, both in print form, and during the telephonic counseling session April 22, 2008.

8. HUD HECM Counseling For Borrowers Lacking Legal Competency

For borrowers lacking legal competency, the counseling session shall be conducted with a person
holding a power of attorney (POA) for the borrower. HUD handbook 7610.1, Chapter 4, Section
4-14 C, and elsewhere:

C. Borrower’s Legal Representative. For borrowers lacking legal competency, the


counseling session shall be conducted with a person holding a power of attorney (POA)
for the borrower, or a court-appointed conservator or guardian.

HUD handbook 7610.1 states, Section 4-18 F. Issuing the Certificate of Counseling. (relevant part)

A certificate of counseling may be withheld if the counselor believes that the counseling
recipient did not understanding basic information about reverse mortgages.

A counseling agency must withhold a certificate from a client who cannot successfully
answer five of the ten review questions that are provided in Attachment B.10 of the
Protocol. The client will be given adequate opportunities to correctly respond to the
review questions in accordance with the requirements in Attachment B.10. The certificate
cannot be withheld based on lack of payment.

The recording of the HUD telephonic counseling session April 22, 2008 with Susan
Gray/CCCS/MMI shows Penelope Gillespie did not actively participate in the call or the
counseling. Ms. Gray did not ask Ms. Gillespie to “successfully answer five of the ten review
questions” or make any effort to determine if she understood basic information about reverse
mortgages. Therefore Ms. Gray should not have issued the certificate to Penelope Gillespie.

Penelope Gillespie was not able to understand basic information about a reverse mortgage, or
benefit from the telephonic counseling provided by Susan Gray/CCCS/MMI.

Penelope Gillespie Lacked Legal Competency

Penelope Gillespie suffered from Alzheimer’s dementia and other serious aliments at the time of
the HECM reverse mortgage and counseling session. Ms. Gillespie lacked capacity to make a
contract in 2008, and died of dementia September 16, 2009.

Neil Gillespie was appointed attorney-in-fact several times by Ms. Gillespie under Florida law,
including a Durable Power of Attorney (POA) made February 21, 2006. A copy of the POA is
provided as Exhibit 31.
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 14
The record shows that this loan failed to comply with requirements related to competency as set
forth in HUD handbooks 4235.1 and 7610.1. Neil Gillespie was Penelope Gillespie’s primary
caregiver and had POA, but the lenders and related parties failed to require the use of the POA.

Dr. Gregory J. Howell, MD, of the Ocala Neurodiagnostic Center, treated Ms. Gillespie for
dementia from November 2005 through December 2006. During an office visit May 8, 2006,
Dr. Howell said Ms. Gillespie was not competent to make financial decisions, or to give things
away. Dr. Howell said someone must have POA to manage the affairs of Ms. Gillespie. Neil
Gillespie brought Ms. Gillespie to the office visit on May 8, 2006 and made notes. This office
visit was a follow-up to Dr. Howell’s written comments of March 27, 2006 opining about the
competence of Ms. Gillespie. Dr. Howell wrote “It sounds to me like pt. has Alz. Dementia &
needs supervision”. (double underline).

Neil Gillespie had written to Dr. Howell March 21, 2006 about certain transactions involving the
daughter of Ms. Gillespie. At the time Ms. Gillespie was not able to drive, not able to balance
her check book, and lacked understanding of her finances and legal matters. Ms. Gillespie
needed help with meal preparation, shopping, housework, and sometimes dressing. Ms. Gillespie
was dependent on Neil Gillespie to administer her medication, and for all aspects of her
healthcare, since December 2005. Ms. Gillespie suffered an adverse reaction to Rythmol, an
anti-arrhythmic heart medication. Ms. Gillespie was hospitalized December 6, 2005 through
December 23, 2005, followed by inpatient nursing care through January 16, 2006. The incident
was life-threatening.

Neil Gillespie was caregiver to Penelope Gillespie as defined by § 825.101(2), Florida Statutes:

(2) “Caregiver” means a person who has been entrusted with or has assumed
responsibility for the care or the property of an elderly person or disabled adult.
“Caregiver” includes, but is not limited to, relatives, court-appointed or voluntary
guardians, adult household members, neighbors, health care providers, and employees
and volunteers of facilities as defined in subsection (7).

Neil Gillespie was appointed “Designated Health Care Surrogate” by Penelope Gillespie under
Florida law February 21, 2006.

Neil Gillespie was designated proxy by Penelope Gillespie under her “Advance Medical
Directive” or living will May 4, 2006 under Florida law.

HUD handbook 4235.1 REV-1, 4-6 POWER OF ATTORNEY AND CONSERVATORSHIP


GUIDELINES. The following guidelines apply to all phases of HECM loan processing:

2) Borrowers lacking legal competency:


a. Incompetent borrower may not sign the mortgage loan application.
c. A person holding a durable power of attorney specifically designed to survive
incapacity and avoid the need for court proceedings, may execute any necessary
documents, including the mortgage loan application.
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 15
(1) To be valid, a durable power of attorney must be prepared when the
"principal" is competent to understand the nature and significance of the
instrument.
(2) The durable power of attorney must comply with State laws regarding
signatures, notarization, witnesses, and recordation.

(4-6) C. Counseling Session. For borrowers lacking legal competency, the counseling session
may be conducted with a person holding a power of attorney, or with a court-appointed
conservator or guardian.

(4-7A.) b. If the borrower lacks legal competency and the loan application is being executed by a
person holding a durable power of attorney, or by a court-appointed conservator, the face-to-face
interview must be conducted with the person holding the power of attorney or conservator.

HUD handbook 4235.1, CHAPTER 6. CLOSING AND ENDORSEMENT

6-7 BORROWERS LACKING LEGAL COMPETENCY. Power of attorney (durable or


otherwise) may be used for closing documents. Any power of attorney must comply with State
law and allow for the Note to be legally enforced in that jurisdiction (see Paragraph 4-6).

HUD handbook 7610.1, CHAPTER 5. RECORDKEEPING AND REPORTING

5-7 Counseling File. The housing counseling agency must maintain a separate
confidential file documenting each unique, distinct provision of counseling services
provided to a client, as described in §214.300 and Chapter 3.

The client file may be for an individual or household or for a group of clients with the
same housing need, such as tenants of an apartment complex with the same complaint
against their landlord. Files may be electronic or a combination of electronic and paper.
The file must include the following items:
Q. Reverse Mortgage Counseling. Additional documentation required for reverse
mortgage client files:
3. Power of Attorney or other documents relating to legal competency, if
applicable;

9. Misleading Financial Projections from Liberty Reverse Mortgage

Liberty Reverse Mortgage, in an effort to sell its reverse mortgage product to Penelope Gillespie,
Neil Gillespie, and Mark Gillespie, made and provided a number of financial calculations. The
Gillespie family relied on the information and made a reverse mortgage. Information provided
by Liberty and relied upon by the Gillespie family has proved not accurate.

Liberty Reverse Mortgage, Financial Title Company, and Park Avenue Bank owed Penelope
Gillespie, Neil Gillespie, Mark Gillespie, and The Gillespie Family Living Trust, a fiduciary
duty, and a duty of competence. Liberty breached that duty. As a result of the breach of duty, the
Gillespie family sustained damages, the loss of home equity and threat of foreclosure.
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 16

Our reverse mortgage made June 5, 2008 is now over four years old. According to financial
calculations provided to us by Liberty Reverse Mortgage, we should have a positive net equity.
Instead we have negative equity of -$22,492.

HUD creates false and misleading financial information through its Home Equity Conversion
Mortgages calculator for Housing industry professionals. (Exhibit 42). In turn the Housing
industry professionals use this false and misleading information to sell HECM reverse mortgages
to unsuspecting and vulnerable senior citizens. As shown in our case, this practice strips
borrowers of home equity and threatens families with foreclosure.

Liz Baize/Park Avenue Bank provided on April 25, 2008 “The Reverse Mortgage Analyst”,
signed by Liz Baize/Park Avenue Bank and Penelope Gillespie. (Exhibit 16). The figures
provided assume a 3.66% per year annual interest rate and 4.00% per year future home
appreciation. The Reverse Mortgage Analyst makes no provision for falling home prices. The
Reverse Mortgage Analyst shows in year four (4) a loan balance of $100,839, a home value of
$146,232, and net equity of $35,158. The gross equity difference today is $57,650. (-$22,492 vs.
$35,158). (Exhibit 16). (Note: The page numbers on this document are not consecutive,
suggesting pages may be missing).

A letter to Penelope Gillespie dated May 16, 2008 from Frank A. Castillo of Liberty Reverse
Mortgage states “We have enclosed updated figures for your review.” (Exhibit 17). Note that the
letter from Mr. Castillo is on plain paper, not company letterhead. This may be due to the fact
that Liberty Reverse Mortgage had been acquired by Genworth Financial Inc.

The Reverse Mortgage Analyst figures assume a 3.17% per year annual interest rate and 4.00%
per year future home appreciation. The Reverse Mortgage Analyst makes no provision for falling
home prices. The Reverse Mortgage Analyst shows in year four (4) a loan balance of $101,269, a
home value of $154,421, and net equity of $42,343. The gross equity difference today is
$64,839. (-$22,492 vs. $42,343). (Exhibit 17).

Liberty Reverse Mortgage provided at the closing June 5, 2008 “The Reverse Mortgage Analyst”
signed by Penelope Gillespie. The figures provided assume a 3.66% per year annual interest rate
and 4.00% per year future home appreciation. The estimate makes no provision for falling home
prices. The Reverse Mortgage Analyst shows in year four (4) a loan balance of $114,502 a home
value of $154,421, and net equity of $29,109. The gross equity difference today is $51,601.
(-$22,492 vs. $29,109). (Exhibit 18).

10. Financial Title Company Shows Three Borrowers on Final Closing Statement

Financial Title Company (California), provided two (2) different Final Closing Statements dated
May 29, 2008. Each statement shows three borrowers: Penelope M. Gillespie, Neil J. Gillespie,
and Mark Gillespie. One closing statement is on the letterhead of Financial Title Company. The
other statement is on HUD OMB Form 2502-0265. (Exhibit 19).
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 17
Each statement shows an incorrect closing date. The loan closed June 5, 2008, not May 29th.
Each closing statement shows that the settlement took place at 81 Blue Ravine Road, #220,
Folsom, CA, 95630. This is incorrect. The settlement took place at Park Avenue Bank in Ocala,
Florida. The HUD closing statement shows that the funding date was June 18, 2008. This is
incorrect. The funding date was June 10, 2008. The closing statements were printed June 18,
2008 by Leanette Adorkor. A cover letter from Fatima Pacheco, Escrow Officer for Financial
Title Company, accompanied the closing statements. The documents were sent through the U.S.
mail, and therefore subject to 18 USC § 1341, mail fraud. (Exhibit 19).

A second different HUD closing statement was printed by Fatima Pacheco May 28, 2008 at
2:00:42 p.m. that also shows three borrowers: Penelope M. Gillespie, Neil J. Gillespie, and Mark
Gillespie. (Exhibit 20). This HUD closing statement was faxed May 29, 2008 to “Have Seal Will
Travel” at (352) 854-0857. This is the fax number for Richard T. Kwiatkowski, of Have Seal -
Will Travel, LLC. Mr. Kwiatkowski is the notary who appeared at Park Avenue Bank for the
closing. Mr. Kwiatkowski’s business card states that he is a Mobile Notary Public, Reverse
Mortgage Advisor, and Certified Loan Signing Agent. (Exhibit 21).

A third different Final Closing Statement was provided by Financial Title Company, on HUD
OMB Form 2502-0265 with a closing date of June 5, 2008, and a disbursement date of June 10,
2008. This closing statement shows only one borrower, Penelope M. Gillespie. This closing
statement shows the settlement took place at 81 Blue Ravine Road, #220, Folsom, CA, 95630.
This is incorrect. The settlement took place at Park Avenue Bank in Ocala, Florida. This closing
statement appears to be signed “LA for Pacheco”, which may mean Leanette Adorkor for Fatima
Pacheco. The closing statement is also signed by Penelope M. Gillespie. (Exhibit 22).

The closing statement shown as Exhibit 22 also contains the following warning:

WARNING: It is a crime to knowingly make false statements to the United States on this
or any other similar form. Penalties upon conviction can include a fine and imprisonment.
For details see Title 18 U.S. Code Section 1001 and Section 101

In addition to the above, there are other estimated closing statements.

11. Problems After Closing - New Documents Signed and Notarized

On June 10, 2008 at 4:49 p.m. Liz Baize of Park Avenue Bank sent Neil Gillespie the following
email about the HUD HECM reverse mortgage loan: (Exhibit 23).

From: "LIZ BAIZE" <LIZB@parkavebank.com>


To: <neilgillespie@mfi.net>
Sent: Tuesday, June 10, 2008 4:49 PM
Subject: update

Neil, there may be a day or two delay in funding your loan. I just notified your attorney
that a small revision needed to be done because A) with all that signing, a signature line
for your mom was missed AND the interest rate for the week before, although a slight
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 18
difference, was picked up in closing package and identified prior to being sent to HUD.
Richard (at out expense) has agreed to go to your attorneys office to meet you there to
sign the corrections; and Mr. Stermer said that was fine with him. I am trying to confirm
with Liberty that they will cover any cost incurred if a notary needs to go back out to
Mark. The difference in rate over the life of the loan is less than 1/8th percent. As soon as
I know more I will be in touch.
Sincerely,
Liz Baize
PAB

To correct the documents, Richard T. Kwiatkowski, of Have Seal - Will Travel, LLC, came to
the Gillespie Family home and made corrections. I do not recall exactly what was done, or if it
was limited to the issues in the email from Liz Baize.

12. HECM Notice of Right to Cancel - Three Day Recession Period

Penelope Gillespie was provided and signed June 5, 2008 the HECM Notice of Right to Cancel.
(Exhibit 24). We considered exercising our rights under the notice to cancel the reverse
mortgage due to the high fees involved. We did not to cancel the reverse mortgage because we
understood from the closing on June 5, 2008 that the loan was made to three borrowers. This
would give us longer use of the property, and more time in which to amortize the high fees.

13. Ongoing Problems and Confusion - HECM Reverse Mortgage and Bank of America

This HECM reverse mortgage was, and continues to be, very complicated and confusing. Neil
Gillespie contacted Bank of America many times after the closing in an effort to understand this
reverse mortgage. One such contact was a phone call December 8, 2008 to Rick Fann of Bank of
America about a $172.27 line of credit that appeared on the first monthly statement. This amount
declined each month, as follows:

Statement Period 06/16/2008 - 06/30/2008 showed Available Line of Credit of $172.27.


Statement Period 07/01/2008 - 07/31/2008 showed Available Line of Credit of $166.17.
Statement Period 08/01/2008 - 08/31/2008 showed Available Line of Credit of $160.08.
Statement Period 09/01/2008 - 09/30/2008 showed Available Line of Credit of $154.60.
Statement Period 10/01/2008 - 10/31/2008 showed Available Line of Credit of $14833.
Statement Period 11/01/2008 - 11/30/2008 showed Available Line of Credit of $141.41.
Statement Period 12/01/2008 - 12/31/2008 showed Available Line of Credit of $133.38.

For some reason the “Available Line of Credit” declined each month, but there were no
corresponding credit draw request. THE MONEY WAS DISAPPEARING INTO THIN AIR!

This negative growth was a concern. The $172.27 appeared to represent an overpayment of
closing costs. We faxed December 26, 2008 a request for a return of the overpayment. The faxed
letter was in the name of, and signed by Penelope Gillespie, but Neil Gillespie composed and
faxed the letter on her behalf because Ms. Gillespie was not competent to do so herself.
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 19
In response Bank of America issued two checks to Penelope Gillespie. One was a “Negative
Growth Reimbursement Check” in the amount of $38.89 dated January 6, 2009 (Exhibit 35). The
other was check in the amount of $133.38. (Exhibit 36). This was followed January 14, 2009 by
a seven-page letter of from Karen Yantis of Bank of America’s Reverse Servicing Division in
Seattle. (Exhibit 37).

The seven-page letter from Karen Yantis of January 14, 2009 (Exhibit 37) presented a number of
financial formulas and explanations best understood by a Certified Public Account with a law
degree and a background in finance. The letter was largely incomprehensible to Neil Gillespie,
and useless to Penelope Gillespie who was in an advanced stage of Alzheimer’s dementia. One
confusing statement (of many) in the letter appears on page four (4), paragraph five (5):

“On the surface, this may seem to be a decrease in the Net Principal Limit. However, if
we take into consideration that there was a $2,000.00 advance added to the loan balance
(see Outstanding Loan Balance section), we can see there is actually an increase in the
Net Principal Limit of $557.98. To better highlight this, let's run through another month
of calculations using the new figures provided above.”

We are not aware “that there was a $2,000.00 advance added to the loan”. I cannot find evidence
of this alleged $2,000 advance. Ms. Yantis concluded her letter with this understatement: “The
calculations referenced in this letter are quite complex and as such your Reverse Servicing
department welcomes any questions you may have regarding the calculations.”

14. Notice to Bank of America, and Reverse Mortgage Solutions

We gave Notice to Bank of America (BofA) of our position that the loan was not due because
there were three borrowers, including Neil Gillespie, and he resides in the home. Written Notice
was provided to BofA by certified letter October 28, 2009, and several times thereafter.

We gave Notice to RMA of our position that the loan was not due because there were three
borrowers, including Neil Gillespie, and he resides in the home. Written Notice was provided to
RMA by fax on June 19, 2012. (Exhibit 25).

After The Loan Closed - Suspect Behavior by Lenders and Affiliates

15. Bank Failure: The Park Avenue Bank, Valdosta, Georgia

It appears that The Park Avenue Bank (PAB), Valdosta, GA, was insolvent and undercapitalized
when it originated a HECM loan to the Gillespie Family, resulting in cutting corners to sell a
product and earn fees, with a disregard for HECM regulations.

On Friday, April 29, 2011 PAB was closed by the Georgia Department of Banking and Finance.
PAB was assumed by Bank of the Ozarks. (Exhibit 26). The Federal Deposit Insurance
Corporation (FDIC) was named Receiver. (Exhibit 27). The Park Avenue Bank was losing
millions of dollars in July 2009 when the Federal Reserve and the Georgia Banking
Commissioner entered into a Written Agreement with Park Avenue Bank, PAB Bankshares, and
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 20
their institution-affiliated parties to strengthen credit risk management practices and improve
assets, etc., see Docket Nos. 09-084-WA/RB-HC and 09-084-WA/RB-SM. (Exhibit 28). The
FDIC estimates the cost to the Deposit Insurance Fund (DIF) for bank’s failure is $306.1 million.

However R. Bradford Burnette, a retired PAB executive, did much better. Burnette walked away
with at least $1,422,831 from the bank’s holding company in 2009 at a time when the bank was
losing millions. Reuters reported that Burnette was paid $1,809,870 in 2009 by PAB Bankshares,
Inc., the bank’s holding company. According to the 2009 Director Compensation Table, the
Company entered into a salary continuation agreement with Mr. Burnette while he was
employed as an executive of the Company, an agreement that would provide Burnette with
$165,087 per year for 15 years commencing when he turned age 65. At December 31, 2009, the
net present value of the remaining payments due to Mr. Burnette was $1,220,539 using a
discount rate of 6.36%. Still, that leaves $387,039 not accounted for from the Reuters story.

16. Financial Title Co. Shuts Down In California

Financial Title Company closed less that two months after it mishandled our HECM loan, when
it cut corners to earn fees, with disregard for HECM regulations.

Journalist Sharon Simonson of the Silicon Valley/San Jose Business Journal reported July 30,
2008, “Financial Title Co. shuts down in California. (Exhibit 29). In part, the story states:

“Financial Title Co. has shut its doors across the state as part of a closure of multiple
offices and title companies by its parent, Mercury Cos. of Colorado.”

“The decision by the largest real-estate title agent in Silicon Valley follows a move by
Mercury's lenders to pull their line of credit after Mercury failed to meet loan
requirements, according to an e-mail from Jim Hilbun, president of United Title of Texas.
Unite Title is also owned by Mercury.”

“Examiners representing the California Department of Insurance, which regulates and


polices title policy underwriters and agents, were on hand at all 57 Financial Title offices
in the state Wednesday to ensure that escrow funds were properly handled and not stolen
or lost, said Darrel Ng, press secretary for the agency.”

“The abrupt move mirrors that of Financial's former sister company, Alliance Title Co.,
which also closed with almost no notice late last year. Former employees and landlords
of Alliance have filed multiple lawsuits alleging they were not paid. Alliance declared
Chapter 7 bankruptcy in Northern California federal court June 5.”

17. Genworth lures Liberty Reverse Mortgage with $50 Million

This story shows the enormous profit in HECM lending to senior citizens, and a $50 million
payment to the owners of Liberty Reverse Mortgage made about the time of our HECM loan,
with the potential to earn more, resulting in cutting corners to sell a product and earn fees, with a
disregard for HECM regulations.
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 21

Staff writer Mark Anderson of the Sacramento Business Journal reported July 29, 2007,
“Genworth lures Liberty Reverse Mortgage with $50 million.” (Exhibit 30). In part:

“Liberty Reverse Mortgage Inc. was not for sale. But Genworth Financial Inc. badly
wanted to add the nation's fourth-largest originator of reverse mortgages to its stable of
financial services.”

“Last week, its persistence paid off, as Genworth announced it would pay $50 million for
the four-year-old Rancho Cordova company. Liberty founders Scott Hanson and Pat
McClain could potentially earn more if performance goals are reached, Genworth
spokesman Tom Topinka said.”

“Hanson and McClain, the principals of Hanson McClain Retirement Planning, will take
advisory committee positions with Genworth, Hanson said.”

“The Liberty acquisition, which closes at the end of the year, continues the trend of large,
independent reverse mortgage operations being bought out. IndyMac Bancorp Inc. in
2004 bought Financial Freedom. In April, Bank of America bought Seattle Mortgage,
which operates Reverse Mortgage of America.”

“Wells Fargo, IndyMac Bancorp Inc. and Seattle Mortgage Co. are now the top reverse
mortgage companies, ahead of Liberty.”

“"A lot of companies want to get into this business," said Rich Young, Sacramento
branch manager of California Reverse Mortgage. His company was bought last year by
Atlanta-based Generation Mortgage Co., now the 10th-largest reverse mortgage company
in the country.”

“"There is a huge need for this product, and there is a lot of demand. The estimate is that
there is only 1 percent penetration in the market," Young said.

““With the slowdown in regular mortgages and the fallout of subprime lending, some
regular mortgage professionals are trying to do reverse mortgages, Young said.”

“"They don't realize this is a completely different business," he said.”

“Reverse mortgages are a highly specialized product. Federal law mandates a two-hour
counseling session for the person who signs the loan papers.”

“Hanson McClain has grown to $1.2 billion in assets under management. A subsidiary,
the Hanson McClain Network, a marketing and transfer agent for independent retirement
advisers, has more than $3 billion in assets under management.”

The Florida Division of Corporations website shows the following related to Liberty Reverse
Mortgage and Genworth Financial Inc.
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 22

April 25, 2008, Liberty Reverse Mortgage 2008 Annual Report, address change (Exhibit 38)
November 17, 2008, name change to Genworth Financial, Inc. (Exhibit 39)

18. HUD Press Release, February 9, 2012: $1 Billion To Be Paid By The Bank Of America To
The Untied States, Largest False Claims Act Settlement Relating to Mortgage Fraud

Bank of America Background - Selections from Wikipedia

Bank of America Corporation is an American multinational banking and financial services


corporation headquartered in Charlotte, North Carolina. It is the second-largest bank holding
company in the United States by assets. The bank's 2008 acquisition of Merrill Lynch made
Bank of America the world's largest wealth management corporation and a major player in the
investment banking market. This purchase made Bank of America Corporation the leading
mortgage originator and servicer in the U.S., controlling 20–25% of the home loan market. It has
a retail banking footprint that covers approximately 80 percent of the U.S. population and serves
approximately 57 million consumer and small business relationships at 5,700 banking centers
and 17,750 ATMs.

Bank of America received $20 billion in the federal bailout from the U.S. government through
the Troubled Asset Relief Program (TARP) on January 16, 2009, along with a guarantee of $118
billion in potential losses at the company. This was in addition to the $25 billion given to them in
the Fall of 2008 through TARP. The additional payment was part of a deal with the U.S.
government to preserve Bank of America's merger with the troubled investment firm Merrill
Lynch. Since then, members of the U.S. Congress have expressed considerable concern about
how this money has been spent, especially since some of the recipients have been accused of
misusing the bailout money. Then CEO Ken Lewis was quoted as claiming "We are still lending,
and we are lending far more because of the TARP program."

http://en.wikipedia.org/wiki/Bank_of_America

HUD Press Release, February 9, 2012


$1 Billion To Be Paid By The Bank Of America To The Untied States, Largest False Claims Act
Settlement Relating to Mortgage Fraud

“As part of the global resolution between the United States of America and the five largest
mortgage servicing banks in the country, which will bring much needed relief to financially
distressed homeowners nationwide, Loretta E. Lynch, United States Attorney for the Eastern
District of New York, today announced that the government will also resolve its claims against
the Bank of America, Countrywide Financial Corporation and certain Countrywide subsidiaries
and affiliates (Countrywide) for underwriting and origination mortgage fraud.”

“Since 2009, the office has been investigating the Bank of America's lending practices to
determine whether the bank, through Countrywide, which the bank acquired in 2008, knowingly
made loans insured by the Federal Housing Administration (FHA) to unqualified home buyers.
To date, the FHA has incurred hundreds of millions of dollars in damages as a result of this
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 23
conduct. The investigation also encompassed allegations that the bank and Countrywide
defrauded the FHA insurance fund by originating mortgage loans that were based upon inflated
appraisals. During the investigation, the office determined that the bank's conduct provides a
basis for affirmative civil enforcement under, among other legal remedies, the False Claims Act,
31 U.S.C. §§ 3729-33.”

“As part of the global settlement, Bank of America will pay $1 billion to resolve the wrongdoing
uncovered during the office's investigation” Read more at the link, or Exhibit 40.

http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_advisories/2012/HUDNo
.12-026

19. The Age Discrimination Act of 1975

HUD, by restricting HECM Reverse Mortgages to persons 62 years of age and older, may violate
the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101-6107. Section 6101, Statement of
purpose: It is the purpose of this chapter to prohibit discrimination on the basis of age in
programs or activities receiving Federal financial assistance.

HUD handbook 7610.1, Appendix D, Section IV, Clients Needs and Circumstances, Borrower’s
Age: Effect on Eligibility (Page 95/181), states all borrowers must be 62 years old:

"HECMs are available only to seniors age 62 or older. Other reverse mortgage products
may have different age requirements. All borrowers on the loan must also be on the title
and must be age 62 or older..."

HUD handbook 7610.1, Chapter 3, Section 3-1 F. Civil Rights, states “All participating agencies
must administer their housing counseling programs in accordance with and remain in compliance
with corresponding Departmental regulations and guidance and the following nondiscrimination
regulatory and legislative requirements….e. The Age Discrimination Act of 1975…”

Neil Gillespie is 56 years-old and cannot qualify for a HECM loan based on his age. Therefore it
appears that the HUD HECM program discriminates on the basis of age in programs or activities
receiving Federal financial assistance. http://www.dol.gov/oasam/regs/statutes/age_act.htm

The Bank of America is program or activity as defined by §6107(C)(I), a corporation which is


extended Federal financial assistance. BofA received a $20 billion federal bailout, paragraph 18.

20. Chapter 825, Florida Statutes


Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults

Penelope Gillespie was an elderly person as defined by section 825.101(5), Florida Statutes.
Ms. Gillespie suffered from Alzheimer’s dementia at the time of the HECM reverse mortgage
and HUD counseling session, and lacked the capacity to make a contract. This was readily
apparent due to the inability of Ms. Gillespie to discuss basic details about this loan.
Ms. Gillespie died of dementia September 16, 2009.
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 24

Neil Gillespie is a disabled adult as defined by section 825.101(4), Florida Statutes. Neil
Gillespie maintained a checking and savings account at Park Avenue Bank prior to this reverse
mortgage. Neil Gillespie had his Social Security disability benefit payment deposited directly to
Park Avenue Bank prior to this reverse mortgage. Therefore Park Avenue Bank knew that Neil
Gillespie was disabled when this reverse mortgage was made.

HUD, Susan Gray/CCCS/MMI, Liz Baize, Park Avenue Bank, Liberty Reverse Mortgage,
Financial Title Company, Bank of America, and Reverse Mortgage Solutions (collectively called
the “lenders”) were, or currently are, in a business relationship as defined by section 825.101(1),
Florida Statutes with either Penelope Gillespie and/or Neil Gillespie, and the family trust.

The lenders had a position of trust and confidence with respect to Penelope Gillespie and Neil
Gillespie as defined by section 825.101(11)(c), Florida Statutes, a legal or fiduciary relationship
as our lenders. The lenders provided professional services as defined by section 825.101(13)(b),
Florida Statutes.

Based on the allegations in this letter, the lenders engaged in exploitation and deception with
regard to our business relationship with them as defined by section 825.101(3), Florida Statutes,
(a)(1) misrepresenting or concealing a material fact relating to services rendered intended to
benefit an elderly person or disabled adult; (a)(2) terms of a contract or agreement entered into
with an elderly person or disabled adult; and (b) using any misrepresentation, false pretense, or
false promise in order to induce, encourage, or solicit an elderly person or disabled adult to enter
into a contract or agreement.

The lender’s exploitation and deception deprived Penelope Gillespie, (and estate), Neil Gillespie,
Mark Gillespie, and the Gillespie Family Living Trust, of property as defined by section
825.101(12), Florida Statutes. The value of property lost is defined by section 825.101(14).

The lenders violated section 825.103(1)(a), Florida Statutes, exploitation of an elderly person or
disabled adult, knowingly, by deception, obtaining an elderly person’s or disabled adult’s funds,
assets, or property to benefit the lenders who stood in a position of trust and confidence with the
elderly person or disabled adult and who had a business relationship with the elderly person or
disabled adult.

Under section 825.103(2)(a), Florida Statutes, the lenders may have committed a felony of the
first degree because the funds, assets, or property involved in the exploitation of the elderly
person or disabled adult is valued at $100,000 or more.

Conclusion

This complaint shows a fraudulent loan process by the lenders and affiliated parties under the
HUD HECM reverse mortgage program. The information provided to Penelope Gillespie and
Neil Gillespie during the HECM consumer reverse mortgage counseling was not accurate as to
financial assumptions and projections. This practice strips borrowers of home equity and
threatens families with foreclosure.
HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012
Page - 25

The “FHA's Monthly Adjustable Home Equity Conversion Mortgage (HECM) Loan Estimated
Amortization Schedule for Penelope Gillespie and Neil Gillespie” shows at year four (4) an
ending loan balance of $118,550, a home value of $163,780, and a retained equity of $45,230.
(Exhibit 14.2). The actual home value today is $85,564, and the current loan balance is $108,056
per RMA’s demand letter of June 8, 2012, resulting in an equity deficit of -$22,492. The gross
equity difference, as compared to the figures in Exhibit 14.2, is $67,722. (-$22,492 vs. $45,230).

Penelope Gillespie granted Neil Gillespie a life estate, the right to live in our home for the rest of
his life. This life estate was verbal, not written. The HUD handbook notes on page 44 that:

"Under FHA regulations at 24 CFR Section 206.35, if a HECM borrower holds a life estate
in the property that will serve as the security for the FHA-insured HECM, persons with a
reversionary or remainder interest in that property also must execute the HECM mortgage."

The property at 8092 SW 115th Loop, Ocala, Florida, is Neil Gillespie’s homestead under
Florida law. Neil Gillespie has lived in the home continuously since February 2005. Neil
Gillespie has no other home, is not married, and does not have children. Neil Gillespie has no
assets to pay off the mortgage, refinance, or buy another home. Neil Gillespie’s disability income
is below 200% of the Federal Poverty Level. If RMS successfully forecloses on our home, Neil
Gillespie will be homeless.

At the time of the loan we believed Ms. Gillespie’s lack of capacity was mitigated by the fact
that Neil Gillespie and Mark Gillespie were also borrowers on the loan. If it is determined that
Neil Gillespie and Mark Gillespie are not borrowers on the loan, then Ms. Gillespie’s lack of
capacity is very significant, and the reverse mortgage is void or voidable and must be canceled.

Wherefore, in consideration of the above, the HECM reverse mortgage is void or voidable and
unenforceable. Kindly cease and desist any and all foreclosure action immediately. Thank you.

Sincerely,

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

cc: Mark Gillespie

Enclosures: Exhibit A, attached; Exhibit B, one audio CD enclosed;


Appendix 1 (Exhibits 1-21), Appendix 2 (Exhibits 22-42).
7196 9006 9296 0216 1259

R M S" Reverse Mortgage Solutions, Inc.

June 8, 2012

Sent Via Certified Mail

Penelope Gillespie

Loan Number: 69977


Property Address: 8092 SW 115TH LOOP

OCALA, FL 34481

NOTICE OF DEFAULT AND INTENT TO FORECLOSE

Dear Penelope Gillespie:

Reverse Mortgage Solutions, Inc., (herein as "RMS") is currently servicing your mortgage loan that is secured by the above
referenced property. You are hereby formally notified IJlat the mortgage loan associated with the referenced Deed of
TrustIMortgage is in default because of the death of the primary mortgagor and the loan must be paid in full.

To cure this default, you must forward funds in the amount of $1 08,056.19 consisting of the principal due, plus all interest
and fees through July 8, 2012.

It is possible that after payment of the amounts detailed above there may be other fees still due and owing, including
but not limited to other fees, escrow advances or corporate advances that RMS paid on your behalf or advanced to
your account.

This letter is a formal demand to pay $108,056.19. If the default is not paid in full by July 8, 2012, RMS will take steps to
terminate your ownership in the property by a foreclosure proceeding or other action to seize the property.

IF YOU ARE UNABLE TO PAY YOUR ACCOUNT IN FULL, RMS offers consumer assistance programs designed to help
resolve delinquencies and avoid FORECLOSURE. These services are provided without cost to our customers. You may be
eligible for a loan workout plan or other similar alternatives. If you would like to learn more about these programs, you may
contact the Loss Mitigation Department at (866) 503-5559, between the hours of 8:30 AM and 5:00 PM CST. WE ARE
VERY INTERESTED IN ASSISTING YOU.

The default above can be cured by payment of the total payoff amount plus any additional fees that become due by July 8,
2012. Note that additional charges, costs and fees may become due during the period between today's date and the date the
aforementioned payments are received. Please contact our Collection Department at (866) 503-5559 to obtain updated
payoff information.

Please include your loan number and property address with your payment and send to:

Reverse Mortgage Solutions, Inc.

2727 Spring Creek Drive

Spring, TX 77373

A
562439 12-02121-1
~
~
Page 1 of2
If you wish to dispute the de·linquency, or if you dispute the calculation of amount of the delinquency and reinstatement
amount, you may contact us by calling (866) 503-5559.

You have the right to bring a court action to assert the non-existence of a default or any other defense to acceleration or
foreclosure sale. Failure to respond to this letter may result in the loss of your property. To the extent your obligation has
been discharged or is subject to the autolnatic stay in a bankruptcy case, this notice is for informational purposes only and
does not constitute a demand for payment or an attempt to collect a debt as your personal obligation. If you are represented
by an attorney, please provide us with the attorney's name, address and telephone number.

Attention Service members and dependents: The Federal Service Members' Civil Relief Act ("SCRA") and certain state
laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently
in the military service, or have been within the last nine (9) months, AND joined after signing the Note and Security
Instrument now in default, please notify RMS immediately. When contacting RMS as to your military service, you must
provide positive proof as to your military status. If you do not provide this information, it will be assumed that you are not
entitled to protection under the above-mentioned Act.

If you are experiencing financial difficulty, you should know that there are several options available to you that may help
you keep your home. You may contact HUD Government Counseling which provides free or low-cost housing counseling.
You should consider contacting one of these agencies immediately. These agencies specialize in helping homeowners who
are facing financial difficulty. Housing counselors can help you assess your financial condition and work with us to explore
the possibility of modifying your loan, establishing an easier payment plan for you, or even working out a period of loan
forbearance. For your benefit and assistance, there are government approved homeownership counseling agencies designed
to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call (800) 569-4287
or visit http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm.

NO PERSON IN THIS OFFICE WILL GIVE YOU ANY LEGAL ADVICE. If, at any time, you make a written request to
us not to be contacted by phone at your place of employment, we will not do so. If, at any time, you make a written request
to us not to contact you, we will not do so, except to send statutorily and/or contractually required legal notice.

You may be. eligible for assistance from the Homeownership Preservation Foufldation or other foreclosure counseling a. You
may call the following toll-free number to request assistance from the Homeownership Preservation Foundation: (888) 995­
HOPE (4637). If you wish, you may also contact us directly at (866) 503-5559 and ask to discuss possible options.

This matter is very important. Please give it your immediate attention.

Sincerely,

Reverse Mortgage Solutions, Inc.


(866) 503-5559

FEDERAL LAW REQUIRES US TO ADVISE YOU THAT REVERSE MORTGAGE SOLUTIONS, INC, IS A DEBT

COLLECTOR AND THAT THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE

USED FOR THAT PURPOSE. TO THE EXTENT YOUR OBLIGATION HAS BEEN DISCHARGED OR IS SUBJECT

TO THE AUTOMATIC STAY IN A BANKRUPTCY PROCEEDING, THIS NOTICE IS FOR INFORMATIONAL

PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAYMENT OR AN ATTEMPT TO COLLECT

AN INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY,

PLEASE PROVIDE US WITH THE ATTORNEY'S NAME, ADDRESS AND TELEPHONE NUMBER.

562439 12-02121-1
Page 2 of2
APPENDIX I

Gillespie Complaint to HUD, August 9, 2012


U.S. Department of Housing and Urban Development (HUD)
RE: Reverse Mortgage Solutions, acct./loan no. 68011002615899

Exhibit 1 Assignment of Mortgage to Reverse Mortgage Solutions, Mar-27-2012

Exhibit 2 Assignment of Deed to Bank of America, Jun-03-2008 (unlawful)

Exhibit 3 Notice of Assignment, Sale or Transfer, Servicing Rights, Jun-03-2008 (unlawful)

Exhibit 4 Direct Endorsement Allonge, to Bank of America, May 29, 2008 (unlawful)

Exhibit 5 Residential Loan Application for HECM Reverse Mortgage, June 5, 2008

Exhibit 6 Financial Title Company, Borrower's Escrow Instructions, May 28, 2008

Exhibit 7 Residential Loan Application for HECM Reverse Mortgage, April 25, 2008

Exhibit 8 Park Ave. Bank, Liz Baize letter with documents to Neil Gillespie

Exhibit 9 HECM First Mortgage, June 5, 2008, WITHOUT interlineation

Exhibit 10 HECM Second Mortgage, June 5, 2008, WITHOUT interlineation

Exhibit 11 HECM First Note, June 5, 2008

Exhibit 12 HECM Second Note, June 5, 2008

Exhibit 13 Quit-Claim Deed, June 5, 2008

Exhibit 14 Certificate of HECM Counseling package, Susan Gray-CCCS-MMI, Apr-23-2008

Exhibit 15 Certificate of HECM Counseling, signed, April 25, 2008

Exhibit 16 The Reverse Mortgage Analyst, April 25, 2008

Exhibit 17 Liberty Rev. Mort, Re-disclosed Calculations, May 16, 2008

Exhibit 18 The Reverse Mortgage Analyst, June 5, 2008

Exhibit 19 Financial Title Co., Buyers-Borrower's Closing Statement, FINAL, May-29-2008

Exhibit 20 HUD Buyers-Borrowers Closing Statement, Faxed, Fatima Pacheco, May 28, 2008

Exhibit 21 Richard T. Kwiatkowski, business card, Have Seal - Will Travel, LLC.
APPENDIX II

Gillespie Complaint to HUD, August 9, 2012


U.S. Department of Housing and Urban Development (HUD)
RE: Reverse Mortgage Solutions, acct./loan no. 68011002615899

Exhibit 22 HUD final settlement statement, HECM, June 5, 2008

Exhibit 23 Email from Liz Baize, Park Ave Bank, problem with documents, June 10, 2008

Exhibit 24 HECM Notice of Right to Cancel, June 5, 2008

Exhibit 25 Fax to RMS, dispute the delinquency and foreclosure, June 19, 2012

Exhibit 26 Bank Failure, Geoorgia Dept. Banking closed Park Ave. Bank, April 29, 2011

Exhibit 27 FDIC, receiver for Park Ave. Bank, April 29, 2011

Exhibit 28 FDIC, Park Ave. Bank, Consent, 09-084-WA/RB-HC-SM, July 14, 2009

Exhibit 29 San Jose Business Journal, Financial Title Shuts Down, July 30, 2008

Exhibit 30 Genworth lures Liberty Reverse Mortgage with $50 million, July 29, 2007

Exhibit 31 Durable Power of Attorney, Neil Gillespie, February 21, 2006

Exhibit 32 HECM Mortgage, with INTERLINEATION

Exhibit 33 HECM Second Mortgage, with INTERLINEATION

Exhibit 34 Tom DeBeauchamp, BofA FedEX label, January 15, 2009

Exhibit 35 Negative growth reimbursement check, $38.89, January 6, 2009

Exhibit 36 Reimbursement check, $133.38 January 6, 2009

Exhibit 37 Letter, Karen Yantis, BofA, RE: Negative Growth, January 14, 2009

Exhibit 38 Liberty Reverse Mortgage, Fla. Div. Corp., 2008 Annual Report

Exhibit 39 Liberty Reverse Mortgage, Fla. Div. Corp., 2008 name change to Genworth

Exhibit 40 HUD: $1 BILLION TO BE PAID BY THE BANK OF AMERICA

Exhibit 41 HUD Rev. Mortgage Handbook, B.10 Reviewing Client’s Level of Understanding

Exhibit 42 General Allegations, HUD, breach of Fiduciary Duty, Predatory Lending


UPS: Tracking Information http://wwwapps.ups.com/WebTracking/processPOD?lineData=Atlanta^...

Proof of Delivery Close Window

Dear Customer,
This notice serves as proof of delivery for the shipment listed below.
Tracking Number: 1Z64589FNT90912058
Service: UPS Next Day Air®
Weight: 4.00 lbs
Shipped/Billed On: 08/09/2012
Delivered On: 08/10/2012 10:23 A.M.
Delivered To: ATLANTA, GA, US
Signed By: KARNES
Left At: Office
Thank you for giving us this opportunity to serve you.
Sincerely,
UPS
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1 of 1 8/10/2012 11:25 AM
UPS: Tracking Information http://wwwapps.ups.com/WebTracking/processPOD?lineData=Houston^...

Proof of Delivery Close Window

Dear Customer,
This notice serves as proof of delivery for the shipment listed below.
Tracking Number: 1Z64589FNW94633669
Service: UPS Next Day Air Saver®
Weight: 4.00 lbs
Shipped/Billed On: 08/09/2012
Delivered On: 08/10/2012 9:19 A.M.
Delivered To: SPRING, TX, US
Signed By: HILL
Left At: Office
Thank you for giving us this opportunity to serve you.
Sincerely,
UPS
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1 of 1 8/10/2012 11:22 AM
c

Neil Gillespie
8092 SW 115th Loop
Ocala, FL 34481

Dear Neil Gillespie:

Thank you for contacting the Consumer Financial Protection Bureau. We received your
complaint regarding Bank of America on 09/14/2012 and will send it to your company
as soon as possible.

The following case number has been assigned to your complaint: 120914-000082. Keep
this number for future ~ference and contact with the Consumer Financial
Protection Bureau regarding your complaint.

To review your complaint and view the status go to consumerfmance.gov. You may also
call 1-855-411-CFPB (2372) to hear your complaint's status update.

The Consumer Financial Protection Bureau is actively tracking the issues that consumers
care about, to learn more about these issues, go to consumerfmance.gov.

Thank you,

Consumer Response Team


Consumer Financial Protection Bureau
consumerfmance.gov
1-(855)-411-CFPB.{2372)

13
March 19, 2013

Neil Gillespie
8092 SW 115th Loop
Ocala, FL 34481

Re: Complaint: 120914-000082

Dear Neil Gillespie:

The Consumer Financial Protection Bureau (CFPB) would like to take the opportunity to
provide you with an update about the complaint you filed that we received regarding
Bank of America, on September 14, 2012.

Our records reflect the following:

You reported:

Recently we found a material alteration to our HECM reverse mortgage made


by interlineation after execution. Please take notice that we do not ratify the
change. The interlineation is a hand-written alteration, not initialed and not
dated, and vitiates the mortgage.

The interlineation is an attempt to add a new party to the reverse mortgage,


Penelope M. Gillespie individually. The interlineation recently came to our
attention when an attorney we consulted found the altered mortgage on the
Marion County Clerk's website. This mortgagee document differs from the
mortgage documents we signed June 5, 2008 with no interlineation. On January
15, 2009 Bank of America provided us with copies of the mortgage documents
that have no interlineation. Therefore I conclude that the interlineation is
evidence of fraud by the lender and/or lender-affiliated parties.

You requested that the agreement be found to be void and unenforceable.

We forwarded your complaint to Bank of America for review, requesting them to


consider the resolution you requested and respond within fifteen days. Bank of America
reviewed your complaint and your requested resolution and provided the following
response on October 1, 2012:

Laws that govern customer privacy prevent us from providing you with details
about any relationship we may have with any customer without first obtaining

14
the written consent of such customer. Since our records indicate that no written
authorization has been received to date from the person on whose behalf you
are inquiring, we are unable to discuss any information with you at this time.
Please provide a copy of the will naming the third party as the executor or the
letters of testamentary naming you as the authorized representative. We will
respond to the concerns raised in your correspondence once the
aforementioned documents are provided.

If you wish to submit the will or the letters of testamentary, you can fax them
directly to me at 1.877.373.7139. Please feel free to contact me directly at
1.972.526.3604. I am available Monday through Friday, 7:30 a.m. to 4:30 p.m.
Central.

The Consumer Response Team requested additional information from Bank of America,
including a response to documents you submitted, concerning this matter. Bank of
America responded by providing a letter addressed to you and dated February 1, 2012.
The letter stated, in part:

Our records indicate that we do not have proper authorization to disclose any
information to you regarding Ms. Penelope M. Gillespie’s account. Bank of
America values and guards our customers’ privacy and financial information
and, therefore, does not provide customer-specific information to unauthorized
third parties.

Further, laws that govern customer privacy prevent us from providing you with
details about any relationship we may have with any customer without first
obtaining the written consent of such customer. Our records confirm that we
have not received any written authorization from Ms. Gillespie, therefore, we
are unable to discuss any information about her account with you. In order to
obtain a response to the concerns raised in your correspondence, please provide
us with a copy of a proper third party authorization form naming you as Ms.
Gillespie’s authorized representative. You may contact Bank of America’s
Reverse Mortgage Department at 1.866.863.5224 for instructions on how to
submit these necessary documents.

Although the CFPB allows for the filing of complaints on behalf of others, Bank of
America has indicated that it is unable to further process the complaint without
authorization from the consumer requesting the resolution above. Unfortunately, no
further action will be taken on your complaint at this time. Our review was limited to
federal consumer financial protection laws within the CFPB’s authority. Our disposition
should not be considered to be a determination with respect to the validity of your
complaint. We hope you understand that the CFPB does not represent individuals in
legal matters. If you believe this does not resolve your complaint, you are of course free
to contact a private attorney about this matter or file your own case in court.

For more information on mortgages, or any other consumer financial product or service,
visit “Ask CFPB” at www.consumerfinance.gov/askcfpb/.

Specifically, please see the following entries from “Ask CFPB”:

Housing counselors are permitted to charge for reverse mortgage counseling, but the
agency must tell you about the fee before charging it, and the fee has to be reasonable.
Fees are typically about $125. Counseling agencies are also required to waive the
counseling fee if your income is less than twice the poverty level.

• TIP: Make sure your reverse mortgage counselor is approved by the U.S. Department
of Urban Development (HUD). You can find HUD-approved housing counselor by
visiting HUD's counselor search page or calling HUD’s housing counselor referral line
(1-800-569-4287).

• TIP: If you are behind on your taxes and insurance and you are facing foreclosure, you
can receive free reverse mortgage foreclosure prevention counseling. To find a specialist
counselor, call one of the five national counseling agencies and ask for HECM
foreclosure prevention counseling:

◦ CredAbility: 1-888-395-2664
◦ Money Management International: 1-866-765-3328
◦ National Council on the Aging: 1-800-510-0301
◦ National Foundation for Credit Counseling: 1-866-363-2227
◦ NeighborWorks America: 1-888-990-4326

If you paid someone up-front for counseling and they never provided counseling to you,
or if someone is offering you counseling only if you purchase an insurance or financial
product along with your reverse mortgage, report the agency and counselor by filing a
complaint with the CFPB, or calling 1-855-411-CFPB (2372).

http://www.consumerfinance.gov/askcfpb/232/what-will-reverse-mortgage-housing-
counseling-cost.html
We take consumer complaints very seriously and are grateful for the information you
have provided throughout this process. Consumer complaints inform us about business
practices that may pose risk to consumers and assist the CFPB’s supervisory,
enforcement, and rulemaking responsibilities. Hearing from engaged and proactive
consumers like you is critical to our mission. With this correspondence, we are closing
your file on this matter within Consumer Response. Please feel free to contact the CFPB
should you need help with another consumer finance matter in the future.

Thank you,
Consumer Response Team

Consumer Financial Protection Bureau


consumerfinance.gov
(855) 411-CFPB (2372)
Page 1 of 1

Neil Gillespie

From: "Consumer Financial Protection Bureau" <donotreply@consumerfinance.gov>


To: <neilgillespie@mfi.net>
Sent: Tuesday, March 19, 2013 6:44 PM
Subject: Your submission [Case number: 120914-000082]

This is an update about yourcomplaint regarding Bank of America we received on 09/14/2012


09:57 AM.

We forwarded your complaint to Bank of America for review, and asked them to consider the
resolution you requested and respond within fifteen days. Bank of America reviewed your
complaint and the resolution you requested and responded on 10/01/2012.

Although the CFPB allows for the filing of complaints on behalf of others, Bank of America
has indicated that it is unable to further process the complaint without authorization from the
consumer. Unfortunately, no further action will be taken on your individual complaint at this
time. We encourage the consumer to file a complaint on his/her own behalf by contacting the
CFPB.

Review the company’s response and comments from the Consumer Response Specialist here:
https://help.consumerfinance.gov/app/account/complaints/list/.

We take consumer complaints very seriously and are grateful for the information you have
provided throughout this process. Consumer complaints inform us about business practices that
may pose risks to consumers and help with the CFPB’s supervisory, enforcement, and
rulemaking responsibilities.

Hearing from engaged and proactive consumers like you is critical to our mission. With this
correspondence, we are closing your file on this matter within Consumer Response. Please feel
free to contact the CFPB if you need help with another consumer finance matter in the future.

Thank you,

Office of Consumer Response

Consumer Financial Protection Bureau

consumerfinance.gov

(855) 411-CFPB (2372)

3/20/2013
March 24, 2014

The Honorable Marco Rubio


8669 NW 36th Street, Suite 110
Doral, FL 33166

Re: Complaint 140304-000750 (Gillespie)

Dear Senator Rubio:

Thank you for contacting the Consumer Financial Protection Bureau (CFPB) and providing an
opportunity for us to assist your constituent, Neil Gillespie, with a complaint filed. Our Office of
Consumer Response has reviewed the complaint.

Currently, the Department of Housing and Urban Development (HUD) is handling complaints related
to this matter. Therefore, we have forwarded Neil Gillespie’s complaint information to the HUD to
provide assistance.

For more information or to follow up on Neil Gillespie’s complaint, you may contact the HUD at:

Department of Housing and Urban Development (HUD)


451 7th Street, SW
Room 5204
Washington, DC 20410
www.portal.hud.gov
(800) 669-9777

With this correspondence, we are closing the file on this matter within Consumer Response. Please
feel free to contact the CFPB’s Intergovernment Team should you need help with another consumer
finance matter in the future.

Thank you,

Intergovernment Team
Office of Consumer Response
(202) 435-9400

15
https://portal.consumerfinance.gov/consumer/s/complaint-detail#500t00000060I5JAAU

An official website of the United States Government

˜ Submit a Complaint
(https://www.consumerfinance.gov/)

" All complaints (.)

OPEN

= Submitted We received your complaint. Thank you.


STAT US We will review your complaint. Depending on what we find, we will typically:
Submitted to the CFPB on Send your complaint to the company for a response; or
2014-03-04
Send your complaint to another state or federal agency, or help you get in touch with your state or local
PR ODUC T consumer protection office; or
Reverse mortgage Let you know if we need more information to continue our work.

I SS UE
Loan
YOUR COM PL AI NT
modification,collection,foreclosure AT TAC H M ENT S
Y:\rightnow\Incident
Issue 1, from Petition No. 13-7280 writ of certiorari, US Supreme Court. My home
\752191\Neil J
is in wrongful foreclosure on a federal HECM reverse mortgage. Nor mortgage
Gillespie PAC MIA.pdf
payments are required on a HECM reverse mortgage. Instead, the loan becomes
(362.1 KB)
payable when the last borrower dies or moved from the home. I am a borrower
and still living in the home. Outcome sought: Stop the foreclosure, and void the Y:\rightnow\Incident
mortgage for the borrowers incapacity (Penelope Gillespie), as held in Matter of \752191
Doar (Brunson) 2009 NY Slip Op 29549 [28 MISC 3d 759], or any other grounds \RL.RFCO140304-000750.pd
set forth in the Petitioner’s Motion to Reconsider, Vacate or Modify Order denied (14.8 KB)
July 25, 2013 by the Eleventh Circuit. See my first Question Presented in Petition
No. 13-7280. Issue 2, Petition No. 13-7280 writ of certiorari, US Supreme Court
(and Petition No. 12-7747), Disbar the Florida Bar. Florida is the most corrupt
state in America, according to the First Interim Report of the Nineteenth
Statewide Grand jury and DOJ numbers. The Florida Bar is catastrophically
broken as shown by survey responses to the Hawkins Commission Report 2012.

View full complaint +

Privacy Act Statement Have a question? ¿Preguntas?


OMB #3170-0011 (855) 411-2372

An official website of the United States Government

6/29/2018 11:29 PM
https://help.consumerfinance.gov/app/account/complaints/review_print/i_id/752191

consumerfinance.gov
(855) 411-CFPB (2372)

GINA ALONSO

Constituent Services Representative

OFFICE OF UNITED STATES SENATOR MARCO RUBIO

8669 NW 36th Street

Suite 110

Miami, Florida 33166

(305) 418-8583

(305) 594-4014 -Fax


Office of U.S. Senator Marco Rubio
Privacy Act Consent Form

In accordance with the provisions of The Privacy Act of 1974 (Public Law 93-579), your written consent is required so that we may contact a federal agency on
your behalf. Since e-mails do not contain a valid signature, they do not fulfill the requirements of the law. If you are inquiring on behalf of another person that
is 18 or older, it is necessary that he or she sign this document. All information must be written in English.

Title: (select one) □ Mr. □ Ms. □ Mrs.



□ Mr. & Mrs. □ Rev. □ Doctor □ Other:________________________________________

Neil J. Gillespie
Name: _______________________________________________________________________________________________________________
(First Name) (Middle Name) (Last Name)
8092 SW 115th Loop Ocala FL
Address: ____________________________________________________________ City______________________________ State:_________
34481 352-854-7807
Zip code:_________________ Phone: ____________________________ Fax:____________________ Cell: ___________________________
neilgillespie@mfi.net March 19, 1956
E-mail Address: ___________________________________________________________ Date of Birth: ________________________________
Sen Bill Nelson
If you have contacted another congressional office to assist you, please list the office: _________________________________________________
HECM reverse Mortgage, HUD; DOJ Public Integrity Section referral to the FBI
Federal Agency Issue: ____________________________________________________________________________________________________
(Please complete the sections that apply to your case on page 2)

BRIEFLY STATE YOUR PROBLEM AND WHAT OUTCOME YOU WOULD LIKE FROM THIS INQUIRY.
Issue 1, from Petition No. 13-7280 writ of certiorari, US Supreme Court. My home is in wrongful foreclosure on a federal HECM reverse
mortgage. No mortgage payments are required on a HECM reverse mortgage. Instead, the loan becomes payable when the last borrower dies
or moves from the home. I am a borrower and still living in the home.
Outcome sought: Stop the foreclosure, and void the mortgage for the borrowers incapacity (Penelope Gillespie), as held in Matter of Doar
(Brunson) 2009 NY Slip Op 29549 [28 Misc 3d 759], or any other grounds set forth in the Petitioner's Motion to Reconsider, Vacate or Modify
Order denied July 25, 2013 by the Eleventh Circuit. See my first Question Presented in Petition No. 13-7280.
Issue 2, Petition No. 13-7280 writ of certiorari, US Supreme Court (and Petition No. 12-7747), Disbar The Florida Bar. Florida is the most
corrupt state in America, according to the First Interim Report of the Nineteenth Statewide Grand jury and DOJ numbers. The Florida Bar is
catastrophically broken as shown by survey responses to the Hawkins Commission Report 2012.
Outcome sought: end The Florida Bar, end the unified bar system in Florida, and adopt the full recommendations of the 1992 McKay Report of
the American Bar Association, and end crony local discipline components like local grievance committees, which are political decisions.

Neil J Gillespie Digitally signed by Neil J Gillespie


DN: cn=Neil J Gillespie, o, ou, email=neilgillespie@mfi.net, c=US
Date: 2014.02.23 16:11:35 -05'00'
Signature: __________________________________________________________________________
February 23, 2014
Date: ____________________________
I have discussed my concerns with Senator Marco Rubio and/or his representative(s), and request that any relevant information that is required to assist in re-
sponding to my inquiry may be furnished upon request.

Please return the completed form: By mail: U.S. Senator Marco Rubio
8669 NW 36th Street, Suite 110
Doral, Florida 33166
By fax: (305) 594-4014
By email: casework@rubio.senate.gov

If you have any questions, please call the South Florida Regional Office at (305) 418-8553 or (866) 630-7106, toll-free in Florida.

Page 1
Neil J Gillespie
Name:______________________________________________________________________________________ FOR INTERNAL USE ONLY:
(First Name) (Middle Name) (Last Name) WORKFLOW #
160-52-5117
Social Security Number:__________________________

COMPLETE THE SECTION THAT APPLIES TO YOUR CASE


CHILD SUPPORT (Note: By law, if both parents reside in Florida, your inquiry will be referred to your state legislators.)

Child Support Case Number: ______________________________

Name of Custodial Parent: _________________________________ Date of Birth:_________________ SSN: _____________________

Name of Non-custodial Parent: ____________________________ Date of Birth:_________________ SSN:______________________

Name of Child(ren):______________________________________ Date of Birth:_________________ SSN:______________________

IMMIGRATION

Alien Number :__________________________ Date of Birth:____________________ Place of Birth:_________________________

Type of Application Filed:_____________________ Beneficiary Name: _______________________________________________


(Ex: N-400, I-130, I-765)
Receipt Number:_________________________________________________
MEDICARE/SOCIAL SECURITY

Type of Claim Filed:_________________________________ SSN:_______________________ Date Filed:_______________________

Current Level of Appeals:_________________________ Medicare Provider Number: ______________________________________

Medicare Supplier Number: __________________________ Name of Business: _____________________________________________

MILITARY/VETERAN (Note: Complete this section only if you are seeking assistance with a military/VA issue. If you have a Tri-
care problem, please contact our office to obtain a Tricare Authorization Form. )

Military Rank and Unit: ______________________ Duty Station:_________________ VA Claim Number: ____________________

Home of Record Address: ___________________________________________________________________________________________

Type of Claim: ______________________________ VA Office Where Claim is Located:________________________________________

MORTGAGE
Reverse Mortgage Solutions Inc for Bank of America 68011002615899
Loan Servicer:________________________________________________ Loan Number: ____________________________________

Department Of Justice, Public Integrity Section, referral to the FBI


OTHER Name of Federal Agency: _____________________________________________________________________________________

VISAS

Name of Applicant: _____________________________________ Passport Number: ________________________________________

Date of Birth: _________________________ Place of Birth: ___________________ Consulate:________________________________

Page 2
Case: 13-11585 Date Filed: 01/13/2015 Page: 1 of 1

16
Case: 13-11585 Date Filed: 01/13/2015 Page: 1 of 1

UNITED STATES COURT OF APPEALS


FOR THE ELEVENTH CIRCUIT
ELBERT PARR TUTTLE COURT OF APPEALS BUILDING
56 Forsyth Street, N.W.
Atlanta, Georgia 30303

John Ley For rules and forms visit


Clerk of Court www.ca11.uscourts.gov

January 20, 2015

Neil J. Gillespie
8092 SW 115TH LOOP
OCALA, FL 34481

Appeal Number: 13-11585-B


Case Style: Reverse Mortgage Solutions, In v. Neil Gillespie, et al
District Court Docket No: 5:13-cv-00058-WTH-PRL

I am returning to you unfiled the papers which you have submitted.

In the absence of a pending appeal, as required by Rule 4 of the Federal Rules of Appellate
Procedure, this court has no jurisdiction to grant the relief requested.

This appeal was dismissed on 6/12/2013, and reconsideration on 7/25/2013.

No further action will be taken.

Sincerely,

JOHN LEY, Clerk of Court

Reply to: Melanie Gaddis, B


Phone #: (404) 335-6187

Enclosure(s)

PRO-3 Letter Returning Papers Unfiled


Case: 13-11585 Date Filed: 07/25/2013 Page: 1 of 1
Case: 13-11585 Date Filed: 07/25/2013 Page: 1 of 1

UNITED STATES COURT OF APPEALS


FOR THE ELEVENTH CIRCUIT
ELBERT PARR TUTTLE COURT OF APPEALS BUILDING
56 Forsyth Street, N.W.
Atlanta, Georgia 30303

John Ley For rules and forms visit


Clerk of Court www.ca11.uscourts.gov

July 25, 2013

Neil J. Gillespie
8092 SW 115TH LOOP
OCALA, FL 34481

Appeal Number: 13-11585-B


Case Style: Reverse Mortgage Solutions, In v. Neil Gillespie, et al
District Court Docket No: 5:13-cv-00058-WTH-PRL

This Court requires all counsel to file documents electronically using the Electronic Case
Files ("ECF") system, unless exempted for good cause.

The enclosed order has been ENTERED.

Sincerely,

JOHN LEY, Clerk of Court

Reply to: Melanie Gaddis, B/rvg


Phone #: (404) 335-6187

MOT-2 Notice of Court Action


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