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Filing # 78696049 E-Filed 10/01/2018 07:24:07 PM

Application No. 18A352


No: _______________________

IN THE

SUPREME COURT OF THE UNITED STATES

____________________

NEIL J. GILLESPIE, PETITIONER

vs.

REVERSE MORTGAGE SOLUTIONS, INC., RESPONDENT


________________________

APPLICATION TO JUSTICE CLARENCE THOMAS

RULE 13.5 APPLICATION TO EXTEND TIME


TO FILE A PETITION FOR A WRIT OF CERTIORARI

IN RE: SUPREME COURT OF FLORIDA, CASE NO.: SC18-343


______________________

October 1, 2018

by

Neil J. Gillespie, a nonlawyer appearing pro se


8092 SW 115th Loop
Ocala, Florida 34481
Tel: 352-854-7807
Email: neilgillespie@mfi.net
LIST OF PARTIES

NEIL J. GILLESPIE, PETITIONER


A disabled non-lawyer appearing pro se
8092 SW 115th Loop
Ocala, Florida 34481
Tel: 352-854-7807
Email: neilgillespie@mfi.net

vs.

REVERSE MORTGAGE SOLUTIONS, RESPONDENT


Represented by: Curtis Alan Wilson, Esq., Florida Bar No. 77669
McCalla Raymer Leibert Pierce, LLC
225 E. Robinson St. Suite 115, Orlando, FL 32801
Phone: 407-674-1850; Fax: 321-248-0420
Email: MRService@mrpllc.com, Email: MRService@mccalla.com

A HECM REVERSE MORTGAGE IS A NON-RECOURSE LOAN

Indispensable Parties Not Sued

PENELOPE M. GILLESPIE, BORROWER, DIED SEPTEMBER 16, 2009


ESTATE OF PENELOPE M. GILLESPIE: CLOSED WITH NOTICE OF TRUST JUNE 24, 2014

Other Parties

13CA000115AX DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA


13CA000115AX ELIZABETH BAUERLE*
13CA000115AX JOETTA GILLESPIE*
13CA000115AX MARK GILLESPIE*
13CA000115AX OAK RUN HOMEOWNERS ASSOCIATION INC
13CA000115AX UNITED STATES OF AMERICA

*Justin R. Infurna, Esq., LL.M, The Infurna Law Firm, P.A.


Attorney for Defendants Mark Gillespie, Joetta Gillespie, Elizabeth Bauerle, Scott Bidgood.
121 South Orange Ave., Ste. 1500, Orlando, Florida 32801
Telephone: (800)-774-1560; Fax: (407)386-3419
Primary Email: justin@infurnalaw.com; Secondary Email: justininfurna@gmail.com

Fake Parties
• Unknown parties
• Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997 (the Trust terminated on February 2, 2015)
• Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997 (NONE)
TABLE OF CONTENTS

OPINIONS BELOW - JURISDICTION .................................................................................. 1

RULE 13.5 APPLICATION TO JUSTICE THOMAS TO EXTEND TIME............................. 2

REASONS FOR GRANTING AN EXTENSION OF TIME ..................................................... 4

ADDITIONAL REASONS FOR GRANTING AN EXTENSION OF TIME .......................... 8

CONCLUSION............................................................................................................................ 9

Exhibit 1 NOTICE OF LACK OF PROSECUTION Case No. 05-CA-007205

Exhibit 2 Attorney solicitation by Boyette, Cummins & Nailos, PLLC and email 2013-2018

INDEX TO SEPARATE APPENDICES

Appendix A Petitioner’s Amended Motion For Reinstatement in Florida Supreme Court


Case No. SC18-343, Filing # 74489871 E-Filed 07/05/2018 10:13:00 AM

Appendix B Separate Appendix, Occupancy Permitted For Petitioner’s Home.


Case No. SC18-343, Filing # 74489871 E-Filed 07/05/2018 10:13:00 AM

Appendix C AFFIDAVIT OF NEIL J. GILLESPIE, Non-Jury Trial July 18, 2017.


IN THE

SUPREME COURT OF THE UNITED STATES

APPLICATION TO JUSTICE CLARENCE THOMAS

RULE 13.5 APPLICATION TO EXTEND TIME


TO FILE A PETITION FOR WRIT OF CERTIORARI

OPINIONS BELOW

• FLORIDA SUPREME COURT, Case No: SC18-343

Appendix 1 March 5, 2018 Acknowledgment of New Case Number SC18-343


Lower Tribunal Case Number(s): 5D17-2665; 422013CA000115CAAXXX
Lower Tribunal Filing Date: 2/28/2018

Appendix 2 June 18, 2018 ORDER: 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.

Appendix 3 July 6, 2018 ORDER: Petitioner’s motion to accept amended motion for
reinstatement and appendix as timely filed is granted, and said amended motion
for reinstatement and appendix were filed with this Court on July 5, 2018.

Appendix 4 July 13, 2018 ORDER: Petitioner's Amended Motion for Reinstatement is hereby denied.

• FLORIDA FIFTH DISTRICT COURT OF APPEAL, Case No. 5D17-2665

Appendix 5 January 30, 2018 - BY ORDER OF THE COURT:


ORDERED that Appellant’s Motion to Toll Time, filed January 17, 2018, is
denied. Appellant’s Motion for Leave to Reply, filed January 25, 2018, is denied.
The above-styled cause is hereby dismissed for failure to file the Initial Brief.
Panel: Judges Cohen, Torpy, and Lambert

Appendix 6 February 19, 2018 - MEMORANDUM - NO MANDATE WILL BE ISSUED

• MARION COUNTY, FLORIDA, Case No. 42-2013-CA-000115-AXXX-XX


CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT OF FLORIDA

Appendix 7 July 18, 2017 - FINAL JUDGMENT OF FORECLOSURE

JURISDICTIONAL STATEMENT
The jurisdiction of this Court is invoked under Rule 13.5 and 28 U.S.C. § 1254(1).

1
Filing # 68853375 E-Filed 03/06/2018 01:01:31 PM

Supreme Court of Florida


Office of the Clerk
500 South Duval Street
Tallahassee, Florida 32399-1927
JOHN A. TOMASINO PHONE NUMBER: (850) 488-0125
CLERK www.floridasupremecourt.org
MARK CLAYTON
CHIEF DEPUTY CLERK
JULIA BREEDING
STAFF ATTORNEY

ACKNOWLEDGMENT OF NEW CASE


CORRECTED1
March 5, 2018

RE: NEIL J. GILLESPIE, ETC. vs. REVERSE MORTGAGE


SOLUTIONS, INC.

CASE NUMBER: SC18-343


Lower Tribunal Case Number(s): 5D17-2665; 422013CA000115CAAXXX
Lower Tribunal Filing Date: 2/28/2018

The Florida Supreme Court has received the following documents reflecting a
filing date of 2/28/2018.

Appellant’s Notice of Appeal

The above listed notice has been treated as a Notice to Invoke Discretionary
Jurisdiction seeking review of order dated January 30, 2018.

The Florida Supreme Court's case number must be utilized on all pleadings and
correspondence filed in this cause.

tr
cc:
CURTIS ALAN WILSON JUSTIN INFURNA
NEIL J. GILLESPIE HON. JOANNE P. SIMMONS, CLERK

1. Letter corrected to reflect seeking review of order dated January 30, 2018
instead of January 20, 2018.
APPENDIX 1
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

APPENDIX 2
Filing # 74562736 E-Filed 07/06/2018 12:28:58 PM

Supreme Court of Florida


FRIDAY, JULY 6, 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 to accept amended motion for reinstatement and


appendix as timely filed is granted, and said amended motion for reinstatement and
appendix were filed with this Court on July 5, 2018.

A True Copy
Test:

db
Served:

CURTIS ALAN WILSON


NEIL J. GILLESPIE
JUSTIN INFURNA

APPENDIX 3
Filing # 74882403 E-Filed 07/13/2018 09:21:54 AM

Supreme Court of Florida


FRIDAY, JULY 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 Amended Motion for Reinstatement is hereby denied.

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

APPENDIX 4
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT

NEIL J. GILLESPIE,
INDIVIDUALLY, AND AS
FORMER TRUSTEE OF
THE TERMINATED
GILLESPIE FAMILY LIVING
TRUST AGREEMENT
DATED FEBRUARY 10,
1997,

Appellant,

v. CASE NO. 5D17-2665

REVERSE MORTGAGE
SOLUTIONS, INC.,

Appellee.
________________________/

DATE: January 30, 2018

BY ORDER OF THE COURT:

ORDERED that Appellant’s Motion to Toll Time, filed January 17, 2018, is

denied. Appellant’s Motion for Leave to Reply, filed January 25, 2018, is denied. The

above-styled cause is hereby dismissed for failure to file the Initial Brief.

I hereby certify that the foregoing is


(a true copy of) the original Court order.

Panel: Judges Cohen, Torpy, and Lambert

cc:

Curtis A Wilson Neil J Gillespie

APPENDIX 5
APPENDIX 6
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
MARION COUNTY

CASE NO. 42-20 I3-CA-OOO 115-AXXX-XX

REVERSE MORTGAGE SOLUTIONS, INC.,

Plaintiff,

vs.

NEIL J. GILLESPIE AND MARK GILLESPIE


AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10,1997; OAK RUN
HOMEOWNERS ASSOCIATION, INC.;
UNITED STATES OF AMERICA, ON
BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT;
ELIZABETH BAUERLE; MARK
GILLESPIE; NEIL J. GILLESPIE;
DEVELOPMENT & CONSTRUCTION 0'::]
.......,

0:::>
CORPORATION OF AMERICA; UNKNOWN :J::"- :>
:t> rri ~~ -..I
.. ,­ l
SPOUSE OF ELIZABETH BAUERLE; ~~~~~.. <-
c
r
­
.~

UNKNOWN SPOUSE OF MARK "- ~-'

~:.:. ;._~
--1-
rlJ
GILLESPIE; UNKNOWN SPOUSE OF NEIL (J(':;~_ 0:> C:Jr
J. GILLESPIE; UNKNOWN E~~Jj ~<fTl
z--: -0 ::7)C1
SETTLERS/BENEFICIARIES OF THE --1. c:~: ::r::
/ ....J,;.~,
GILLESPIE FAMILY LIVING TRUST .. Cl

~~~~
~

:?'
AGREEMENT DATED FEBRUARY 10, 1997;
UNKNOWN TRUSTEES, SETTLERS AND W

BENEFICIARIES OF UNKNOWN
SETTLERS/BENEFICIARIES OF THE
GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,1997;
UNKNOWN TENANT IN POSSESSrON 1
and UNKNOWN TENANT IN POSSESSION
2,

Defendants.
- - - - - - - - - - - - - - - -/

FINAL JUDGMENT OF FORECLOSURE


THIS ACTION came before the Court at Non-Jury Trial on July 18,2017. Based on the
evidence presented and being otherwise fully informed in the premises,
ORDERED AND ADJUDGED that:

5543731 12-02121-2

DAVID R ELLSPERMANN CLERK & COMPTROLLER MARION CO


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REC FEE INDEX
1. This Court has jurisdiction of foreclosure cases pursuant to Florida Statutes.
Service of process has been secured upon all parties.

2. Plaintiff holds a lien for the total sum in this Final Judgment, which is superior
and prior to the right, title interest, claims of lien, encumbrances and equities of the following
Defendants: NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997; OAK
RUN HOMEOWNERS ASSOCIATION, INC.; UNITED STATES OF AMERICA, ON
BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT;
ELIZABETH BAUERLE; MARK GILLESPIE; NEIL J. GILLESPIE; DEVELOPMENT &
CONSTRUCTION CORPORATION OF AMERICA; UNKNOWN SPOUSE OF ELIZABETH
BAUERLE; UNKNOWN .SPOUSE OF MARK GILLESPIE; UNKNOWN
SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10,1997; UNKNOWN TRUSTEES, SETTLERS AND BENEFICIARlES
OF UNKNOWN SETTLERSIBENEFICIARIES OF THE GILLESPIE FAMILY LIVING
TRUST AGREEMENT DATED FEBRUARY 10, 1997, and all others claiming through or on
behalf of said defendants, on the following real property:

Lot(s) 1, Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the Public Records of
Marion County, Florida.
a/kJa 8092 SW 115th Loop, Ocala, FL 34481

3. Plaintiff, REVERSE MORTGAGE SOLUTIONS, INC., C/O 2727 Spring Creek


Drive, Spring, TX 77373 (servicer's address), is due the following:

Principal $123,200.85

Interest to date of this judgment until 7/18/2017 $184.20


Monthly Service Fee $30.00
Property Inspections $1,320.00
Filing Fees $4,549.60

554373·1 12-0212] -2

DAVID R ELLSPERMANN MARION COUNTY FL


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Attorney's fees
Finding as to reasonable hourly rate: $175.00
Attorney's Fees Total $19,109.00

TOTAL $148,363.32

Said total shall bear interest at the rate of 5.17% a year.

4. This is an IN ~M judgment against Neil J. Gillespie as record title owner of the


real property herein described.' All other Defendants' interests are in the form of inferior liens to
Plaintiff's note and mortgage. As such, said liens are extinguished subject to any statutory right
of redemption as outlined further in this final judgment.

5. If tl1e total sum with interest at the rate described in paragraph 3 and all costs
accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at
public sale on ~f)tEMbEC /q ,20fl, at 11:00 AM to the highest bidder for cash,
I
except as prescribed in paragraph 6, at 11 :00 AM electronically at
www.Marion.realforeclose.comin accordance with section 45.031, Florida Statutes.

6. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed
for them by the clerk if Plaintiff is not the purchaser of the property for sale, provided, however,
that the purchaser of the property for sale shall be responsible for the documentary stamps
payable on the certificate of title. If Plaintiff is the purchaser, the clerk shall credit Plaintiffs bid
with the total sum with interest and costs accruing subsequent to this judgment, or such part of it,
as is necessary to pay the bid in full.

7. On filing the Certificate of Title, the clerk shall distribute the proceeds of the sale,
so far as they are sufficient, by paying: first, all of Plaintiffs costs; second, documentary stamps
affixed to the certificate; third, Plaintiffs attorneys' fees; fourth, the total sum due to Plaintiff,
less the items paid, plus interest at the rate prescribed in paragraph 3 from the date of this
jud~ent to the date of the sale; and by retaining any remaining amount pending the further
Order of this court.

554373] 12..02]21-2

DAVID R ELLSPERMANN MARION COUNTY FL


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8. On filing the Certificate of Sale, Defendant(s) and all persons claiming under or
against Defendant(s) since the filing of the Notice of Lis Pendens shall be foreclosed of all estate
or claim in the property, except as to claims or rights under chapter 718 or chapter 720, Florida
Statutes, if any. Upon the filing of the certificate of title, the person named on the certificate of
title shall be let into possession of the property. If any Defendant remains in possession of the
property, the clerk shall not, without further Order of the court, issue forthwith a writ of
possession upon request of the person named on the Certificate of Title.

9. The right of redemption of any Defendant is terminated upon the issuance of the
Certificate of Sale by the clerk of court pursuant to the provisions of Florida Statutes 45.0315.

10. The Court retains jurisdiction of this action to enter further Orders that are proper
including, without limitation, writs of possession, deficiency judgments and re-foreclosure of
omitted parties and to determine the amount of assessments due pursuant to Florida Statutes
718.116 or 720.3085, if applicable.

11. In the event the instant case is dismissed by the Plaintiff, the Clerk of Court is
hereby directed to release any original loan documents filed with the Court to counsel of record
for Plaintiff.

Plaintiff hereby assigns the bid to Federal National Mortgage Association and the
Certificate of Title shall be issued to said entity.

IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL


MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED
TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL
JUDGMENT.

IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS


REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO
LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM YOU
WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.

5543731 12-02121-2

DAVID R ELLSPERMANN MARION COUNTY FL


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IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS
YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER
REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO
ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU
ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT FOR
MARION COUNTY, TELEPHONE NUMBER (352) 671-5610, 110 NW 1ST AVE,
OCALA, FL 34475, WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS
ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS
IN THE REGISTRY OF THE COURT.

IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU


CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL
PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN
ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU,
TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT
YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR
PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD
TO PAY AN ATTORNEY, YOU MAY CONTACT MARION COUNTY LEGAL AID, 1610
SE 36TH AVE., OCALA, FL 34471, 352-629-0105 TO SEE IF YOU QUALIFY
FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY
MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR
SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT FLORIDA RURAL
LEGAL SERVICE FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE
AFTER RECEIPT OF TmS NOTICE.

DONE AND ORDERED at Marion County, Florida, this '~da of ~~~--

2017.

Copies to parties on the attached service list.

5543731 12-02121-2

DAVID R ELLSPERMANN MARION COUNTY FL


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SERVICE LIST

MCCALLA RAYMER LEIBERT PIERCE, LLC


225 E. ROBINSON ST. SUITE 155
ORLANDO, FL 32801

Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
neiIgillespie@lnfi.net

Colleen Murphy Davis, Assistant United States Attorney (IRS)


400 North Tampa Street, Suite 3200
Tampa, FL 33602 .
USAFLM.HUD@usdoj.gov
Jaxsfforeclosures@hud.gov

Oak Run Homeowners Association, Inc.


7480 SW Highway 200
Ocala, FL 34476

Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust AgreeJnent dated
February 10,1997
8092 SW 115th Loop
Ocala, FL 34481

Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie


7504 Summer Meadows Drive
Ft. Worth, TX 76123

Development & Construction Corporation ofAmerica


clo Registered Agent: Priya Ghulnman
10983 SW 89 Avenue
Ocala, FL 34481

Unknown Settlors/Beneficiaries ofThe Gillespie Family Living Trust Agreement dated February 10, 1997
8092 SW 11 5th Loop
Ocala, FL 34481

Elizabeth Bauerle n/k/a Elizabeth Bidwood


7504 Summer Meadow Drive
Ft. Worth, TX 76123

Unknown spouse of Elizabeth Bauerle


6356 SW 1o6th Place
Ocala, FL 34476 ~.~~lFY~TAN~ ..
;1EOFHASl1EENFURNlSHEDBYU.S~a .
A1LTQ" '. '.
Mark Gillespie
7504 Summer Meadows Drive /lI.( tJsfed ·.4r~/~J . :­
Ft. Worth, TX 76123
ilts" 19'. DAy~-r~/r . .:"~"~
5543731
.?R-P~. -. .. 0,(:
12-02121-2

DAVID R ELLSPERMANN MARION COUNTY FL


CFN# 2017065654 OR BK 6612 PG 684 Pgs 0679-0684 07/19/201705:43:26 PM
APPLICATION TO JUSTICE CLARENCE THOMAS

Neil J. Gillespie, a nonlawyer appearing pro se, henceforth in the first person, makes this

application to Justice Clarence Thomas under USSC Rule 13.5 to extend time to file a petition

for a writ of certiorari in Florida Supreme Court Case No. SC18-343.

RELIEF SOUGHT

I respectfully request a 60 day extension of time to file a petition for a writ of certiorari in

Florida Supreme Court Case No.: SC18-343, from October 11, 2018 to December 10, 2018.

STATEMENT OF THE CASE

This is an appeal of a FINAL JUDGMENT OF FORECLOSURE on my Florida

residential homestead property, on a federal HECM reverse mortgage.

I was denied the counsel of my choice, Boyette, Cummins & Nailos, PLLC, at the outset

of this case in January 2013. Information in September 2018 shows likely involvement by The

Florida Bar and/or others acting on its behalf. (Exhibit 2). I was denied counsel under the Older

Americans Act, 42 U.S.C. ch. 35. My affidavit of July 28, 2018 shows: (Appendix C)

“On July 18, 2017 I was taken by ambulance to the hospital after becoming sick during a
non-jury trial on the foreclosure of my home. I was alone and without counsel to
represent me. Presiding Judge Ann Melinda Craggs continued the trial without me and
ruled for the bank.”

Judge Cragg’s Orders of May 5, 2017 prohibit local counsel from representing me at the

trial-only without a notice of appearance as co-counsel for the entire case.

The FINAL JUDGMENT OF FORECLOSURE does not mention the arguments I made

at the non-jury trial before becoming sick on July 18, 2018. Judge Craggs did not include any of

my documents into evidence. This has been a sham proceeding going into its sixth year.

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

2
(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. The record

shows substantial violations of the HECM rules by the HUD-approved lender and lender parties.

This appeal is to save my home from foreclosure. I am one of three (3) borrowers, with

my mother Penelope Gillespie, and brother Mark Gillespie. Plaintiff’s state court in rem action

alleges the 2009 death of Penelope Gillespie is grounds to foreclose a Home Equity Conversion

Mortgage on my homestead residence, 8092 SW 115th Loop, Ocala, Marion County, Florida

(the property) in a 55+ community called Oak Run, built by the Development and Construction

Corporation of America (DECCA), and managed by DECCA’s successor, Oak Run Associates

LTD (ORAL). The property’s market value is $87,985 according to the MCPA (2017).

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).

I am one of two surviving HECM mortgagors, and the only surviving homeowner living

in the home, alone, in substantial compliance with the HECM Note, making this foreclosure of a

HECM premature. My bother Mark Gillespie of Fort Worth Texas is also a surviving borrower,

but he does not live in the home. 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). Mortgagor Ms. Gillespie

3
died in 2009. But I am a surviving borrower or mortgagor living in the home as my principal

residence, and retain title to the property. Therefore I dispute the Plaintiff’s allegations in its

“Verified Complaint to Foreclose Home Equity Conversion Mortgage”.

REASONS FOR GRANTING AN EXTENSION OF TIME

1. On September 7, 2018 the Clerk of the Circuit Court of the Thirteenth Judicial Circuit in

and for Hillsborough County entered a NOTICE OF LACK OF PROSECUTION in Gillespie v.

Barker, Rodems & Cook, Case No. 05-CA-007205. (Exhibit 1). The previous 3 filings in the

case are shown below, and pertain to USSC Petition No. 12-7747,

02/16/2017 NOTICE OF FILING LETTERS WITH THE U.S. SUPREME COURT


02/16/2017 LETTER FROM CLAYTON R. HIGGINS, JR.
02/16/2017 COPY OF LETTER FROM NEIL J. GILLESPIE

I must file a response within 60 days or the case will be dismissed. I believe my response in the

above case is vital to this case, USSC Petition No. 12-7747, and every other petition I have filed.

2. I am disabled with, inter alia, traumatic brain injury, and have relied upon the drug

Nuvigil to focus my attention since 2013, obtained through Teva Cares Patient Assistance. Since

the crackdown on pain medication, doctors are reluctant to write prescriptions for any controlled

substances. Nuvigil is not a pain medication, it is a wakefulness drug, but still a controlled

substance. I spent the month of August 2018 trying to get a prescription for Nuvigil, but was

only able to get 60 tablets, which I cut in half to stretch the medication, and for which I paid

$180 for the generic Armodafinil 150mg table. My regular dose of Nuvigil 150mg is one tablet a

day. Now I am effectively on a half dose, or 75mg of Nuvigil a day, using generic Armodafinil.

This lack of vital medication has slowed my ability to work. I must continue to find a doctor

willing to write me a prescription for Nuvigil 150mg for Teva Cares Patient Assistance.

4
3. The attorney solicitation by Boyette, Cummins & Nailos, PLLC dated January 11, 2013 and

mailed to me, and my acceptance by email two separate times, appears at Exhibit 2

Email, Monday, January 14, 2013 6:53 PM


Email: Friday, January 18, 2013 11:43 PM

and when considered with the email in 2018, and lack of response by any party, shows I was denied the

counsel of my choice, with likely involvement by The Florida Bar and/or others acting on its behalf.

4. Appendix A, Petitioner’s Amended Motion For Reinstatement in Florida Supreme Court,

Case No. SC18-343, Filing # 74489871 E-Filed 07/05/2018 10:13:00 AM, shows, inter alia, the

Marion County Clerk’s docketing of my case is unconstitutional because it resulted in a

defective record on appeal, preventing me from filing an initial brief in 5DCA17-2665. Time is

needed to give notice under Florida Rule of Civil Procedure Rule 1.071 Constitutional Challenge

Notice by Party for due process. Regarding the Fifth District Court of Appeals, as shown at

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

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

5. APPENDIX B OCCUPANCY PERMITTED FOR PETITIONER’S HOME,

shows structural damage described February 28, 2018 by Proclaim Engineering’s Imminent

Danger Letter - SFIC#140073. Proclaim’s report found the damage resulted from “initial

construction methods and workmanship”, and misplaced rain gutter downs pouts. This issue

with my home continues to require more time and effort that could have been spent on the case.

Marion County has approved my home for occupancy. However Michael L. Savage, Sr.,

Director, Marion County Building Safety, did not respond to the substance to my May 1st. letter:

Mr. Savage,
This will acknowledge your email, and is a very brief response to some of the issues you
raised.

5
Since you agree with the Engineer’s evaluation of the column at the front of my home,
and the Engineers determination, I direct your department to assist the contractor,
DECCA, Development and Construction Corporation of America, or whatever it calls
itself now, with the required permits to take the remedial actions necessary to repair said
deterioration as noted.

My parents paid DECCA to construct this home in 1993-1994, and at all times pertinent
since then, this is a maintained homesite. Attached you will find a letter dated August 16,
1994 from DECCA addressed to my parents, Cornelius & Penelope Gillespie, at 8092
SW 115 Loop Ocala, FL 34481, the subject property. Under the Villa Maintenance
Program, DECCA is required to repair cracks and paint the exterior of the home on a five
year cycle. In keeping with the industry standard, DECCA is required to repair cracks
greater than 3/8 inch in width which are the Builder's responsibility. If at any time the
crack in the stucco exceeds 3/8 inch in width, DECCA is required to make the repair. I
am providing this notice to DECCA, and ORAL, Oak Run Associates Limited, and the
ORHA, Oak Run Homeowners Association, Inc., by and through the persons shown at
the end of this email.

During the establishment of Oak Run, DECCA and company officials pled guilty and
were convicted of federal crimes for knowingly hunting protected wildlife on the
property. Oak Run developer Kulbir Ghumman, and Herbert von Kluge, knowingly
hunted protected red-cockaded woodpeckers, see attached, United States v.
DECCA/Ghumman, Kulbir, et al. case 87-00013, U.S. District Court, Middle District
Florida.

Given Oak Run’s past, I am concerned whether my home was constructed according to
code. For example, attached is a photograph of the column made during construction,
which shows the block going into the ground without a foundation. Did this construction
comply with the building code in Florida and Marion County in 1993-1994?

For example, I believe virtually every concrete driveway in Oak Run (3,400 homes) is
cracked, apparently due to a lack of thermal expansion joints. I invite you to personally
inspect the defective driveways in Oak Run and determine the cause of this damage.

On October 30, 2006, my mother Penelope Gillespie, was injured as a result of DECCA's
entry door, 11637 SW 90th, Terrace, Ocala, FL, as reported in my letter Nov-27-2006 to
James E. Flynn, President, Oak Run Homeowners Association, Inc. (ORHA). When I
returned the next day to photograph the apparent code violation, I was assaulted by
DECCA employee Emilio Gonzales, who tried to grab my camera, see MCSO report
0610310707.

Currently I am in litigation with a number of parties (RMS v. Gillespie), including the


Oak Run Homeowners Association, Inc. (ORHA), and Development & Construction
Corporation of America, Inc. (DECCA). I have alleged wrongdoing by DECCA’s
successor, Oak Run Associates LTD (ORAL) for charging post-judgment interest prior to
adjudication. This scheme is facilitated by the Marion County Clerk and Comptroller.

6
Please note, this is a very limited initial response. More to follow.
Sincerely, Neil J. Gillespie

On June 7, 2018, I emailed Eric W. Sporre, Special Agent in Charge, FBI Tampa Field Office,

tampa.division@ic.fbi.gov, and Gregg Jerald, Staff Commander, Sheriff's Executive Staff,

Marion County Sheriff’s Office, gjerald@marionso.com

Forwarded below is my email and attachments regarding structural damage to my home


with Marion County Building Safety:

Michael L. Savage, Sr., MCP, CBO CFPS, CEI-M


Director - Building Official
Marion County Building Safety
2710 E. Silver Springs Blvd., Ocala, FL 34470

As of today I have not heard back from Oak Run developer Kulbir Ghumman of
DECCA, Development and Construction Corporation of America, or his daughter Priya
Ghumman, DECCA’s current President, Director, and Registered Agent, according to the
attached 2018 Florida Profit Corporation Annual Report.

I am currently making emergency modifications to the rain water discharge system that
apparently undermined the column at the front of my home. Then I will make a formal
request to DECCA to repair this column pursuant to the Villa Maintenance Program, and
may make a claim against DECCA’s contractor policy. My insurance company denied
my claim, but said I can make the necessary repairs myself. Thank you.

Neither the FBI nor the Marion County Sheriff’s Office responded. Therefore, this issue with the
home continues to require more time and effort expended by myself. It appears a corrupt Marion
County Government allowed a bad builder to skirt the proper building methods in 1993.

7
ADDITIONAL REASONS FOR GRANTING THE EXTENSION OF TIME

For a man’s house is his castle . . . .*

—Sir Edward Coke


Third Institute (1644)

The maxim that a "man's house is his castle" is one of the oldest and most deeply rooted

principles in Anglo-American jurisprudence. It reflects an egalitarian spirit that embraces all

levels of society down to the "poorest man" living "in his cottage." The maxim also forms part of

the fabric of the Fourth Amendment to the Constitution, which protects people, their homes, and

their property against unreasonable searches and seizures by the government.

*Citation: Sir Edward Coke, Third Institute of the Laws of England 162 (1644). The
complete quotation is: “For a man’s house is his castle, et domus sua cuique tutissimum
refugium.” The Latin means: “and his home his safest refuge.” See Semayne’s Case
(1603) 77 Eng. Rep. 194 (K.B.) (“[T]he house of every one is to him as his castle and
fortress, as well for his defence against injury and violence, as for his repose.”), quoted in
Wilson v. Layne, 526 U.S. 603, 609–10 (1999); Weeks v. United States, 232 U.S. 383,
390 (1914) (“[E]very man’s house is his castle.” (quoting Judge Thomas McIntyre
Cooley, A Treatise on the Constitutional Limitations Which Rest upon the Legislative
Power of the States of the American Union 299 (1868))); William Blackstone, 3
Commentaries 288 (1768) (“[E]very man’s house is looked upon by the law to be his
castle...”); William Blackstone, 4 Commentaries 223 (1765–1769) (“[T]he law of
England has so particular and tender a regard to the immunity of a man’s house, that it
stiles it his castle, and will never suffer it to be violated with impunity...”); Miller v.
United States, 357 U.S. 301, 307 (1958) (quoting William Pitt’s 1763 speech in
Parliament: “The poorest man may in his cottage bid deªance to all the forces of the
crown. It may be frail; its roof may shake; the wind may blow through it; the storm may
enter; the rain may enter; but the king of England may not enter—all his force dares not
cross the threshold of the ruined tenement!”).

8
CONCLUSION

The USSC Rule 13.5 Application to Extend Time To File A Petition For A Writ Of

Certiorari, IN RE: Supreme Court of Florida, Case No.: SC18-343 should be granted, to extend

time 60 days, from October 11, 2018 to December 10, 2018, together with such other and further

relief as the Court deems just and equitable.

Respectfully submitted, October 1, 2018.

9
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CIVIL DIVISION

GILLESPIE;NEIL VS BARKER RODEMS & COOK

PlaintiffIPetitioner vs Defendant/Respondent

CASE NUMBER: 05-CA-007205


DNISION: J

05-CA-007205
TO: GILLESPIE, NEIL J
8092 SW 115TH LOOP
OCALA FL 34481

NOTICE OF LACK OF PROSECUTION


PLEASE TAKE NOTICE that it appears on the face of the record that no activity by filing of
pleadings, order of court, or otherwise has occurred for a period of 10 months immediately preceding
service of this notice, and no stay has been issued or approved by the court.
Pursuant to Fla.R.Civ.P. 1.420(e), ifno such record activity occurs within 60 days following the service
of this notice, or if no stay is issued or approved prior to the expiration of such 60 day period, this action
shall be dismissed by the court on its own motion or on the motion of any interested person, whether a
party to the action or not, after reasonable notice to the parties, unless a party shows good cause in
writing at least 5 days before the hearing on the motion why the action should remain pending.

NOTICE OF HEARING ON COURT'S OWN MOTION


If record activity occurs within 60 days following the service of this notice or if a stay is issued or
approved during such 60 days period, a hearing on the Court's own motion to dismiss for lack of
prosecution will not be held. Otherwise, a hearing on the Court's own motion to dismiss for lack of
prosecution will be held before the Honorable James Arnold at COURTROOM 503 800 E TWIGGS ST
TAMPA FL 33602 on 11/29/2018 at 13:30.lf good cause why this action should remain pending is not filed
in writing at least five days before the hearing or if the Court determines that good cause is not shown, this
action shall be DISMISSED.
Dated: 9/7/2018
PAT FRANK
CLERK OF THE CIRCUIT COURT
~.','-Of')- 7)1~~.',~~
V..b-~- ..v·· ..\
" ,7i,~")(')-,]8, ,- 7]-)"6 /-1;\.[

PAT FRANK, CLERK


05-CA-007205, 9/7/2018 5:21:56 AM
1
If you are a person with a disability who needs any accommodation in order to participate in
this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.
Please contact the ADA Coordinator, Hillsborough County Courthouse, 800 E. Twiggs St.,
Room 604, Tampa, Florida 33602, (813)272-7040, at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the time before the scheduled
appearance is less than 7 days; if you are hearing or voice impaired, call 711.
BOYETTE K. WADE BOYETTE, JR.
PAUL C. ClPPARONE
BENJAMIN J. COX··
CUMMINS JIMMY D. CRAWFORD
NORMAN C. CUMMINS

& NAILOS NANCY A. DAVITO


HEATH B. NAILOS
KRISTIN CUMMINS NAILOS
ATTORNEYS AT LAW •• OF COUNSEL

If you have already retained a lawyer for this matter, please disregard this letter.

January 11,2013

• Are you confused about the legal process?


• Are you unsure of what actions to take?
• Are you nervous about going to court or dealing with your creditors?
• Are you facing foreclosure or under other financial stress?
• Do you need the council of an attorney?
Dear Sir or Madam:

My review of public records at the Marion County Clerk's Office indicates that a foreclosure suit was recently filed
against you. My knowledge of your specific case is limited to the information in the public record. Because a foreclosure
action could have serious ramifications, it may be in your best interest to consult with an attorney. Speak with a
knowledgeable and experienced Florida attorney in these financial matters.

It is up to you. Choose to speak with an attorney that will take the time to meet with you and educate you
regarding your options. Debt collectors are counting on your not having a lawyer. With a little help and guidance you
can assess your situation and make the best objective decision based on the facts. You may benefit from our legal
services and may also qualify for government assistance programs. Don't worry; your situation is not as bad as you think,
but YOU MUST ACT NOW. If you have not been served yet, you will be soon. You have 20 days after the date of
service to answer a legal complaint. Do not waste time; it is one of your biggest assets.

I was admitted to The Florida Bar in 1993 after graduating from Mercer University with a J.D. degree in 1991; and
from the University of Florida with a Masters in Taxation in 1993. I am experienced in real estate law, fmancial, and
transactional law and have been working closely with banks and homeowners for over ten years.

If you, a family member, or someone you know is finding yourselves in a tough situation, give our office a call to
set up a FREE 30-minute consultation. It's important to Know Your Attorney. Know Your Options.

OJr office concentrates in the following:


• Foreclosure Defense
• Bankruptcy & Debt Relief Sincerely,
• Short Sales and Negotiations Boyette, Cummins & Nailos, PLLC
• Loss Mitigation
• Loan Modification
• Work Out Programs

Please contact us at 855.LA W.2020 for


Wade Boyette
more information or feel free to visit
us online at www.BCNLawFirm.com.
Attorney 2
Federal Law requires that 1provide you with the follOWing notice: "We are a debt reliefagency. We help people file for bankruptcy relief under the
Bankruptcy Code". The hiring ofan attorney is an important decision that should not be solely based on advertisements. Before you decide, ask us to
send you free written information about our qualifications and experience. Advertisement

1635 E. HIGHWAy 50, SOIl E 300, CLERMON I , F L 347 I I TEL.(3!5Z'394-Z 10:3 F'AX.(:33Z':394-Z 103
www.BCNLawFirm.com
Page 1 of 6

Neil Gillespie

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


To: "Neil Gillespie" <neilgillespie@mfi.net>; "John Anthony Tomasino" <tomasino@flcourts.org>;
"Kenneth Wade Boyette, Jr." <wboyette@bcnlawfirm.com>
Cc: <jinfurna@bcnlawfirm.com>; <dsleeth@bcnlawfirm.com>; <mortega@bcnlawfirm.com>;
<justin@infurnalaw.com>; <justininfurna@gmail.com>; <ncummins@bcnlawfirm.com>;
<knailos@bcnlawfirm.com>; <hnailos@bcnlawfirm.com>; "Kenneth Wade Boyette, Jr."
<wboyette@bcnlawfirm.com>; <MRService@mrpllc.com>; <Stephanie.reyes@mccalla.com>;
<MRService@mccalla.com>; "Jeffrey Atkins" <jatkins@supremecourt.gov>;
<pio@supremecourt.gov>; "Doyle, Joshua" <jdoyle@floridabar.org>; <PImhof@floridabar.org>;
"Courtemanche, Richard" <RCourtemanche@floridabar.org>; "FBI Tampa Division"
<tampa.division@ic.fbi.gov>; "Gregg Jerald" <gjerald@marionso.com>; "Renée Thompson"
<rthompson@uww-adr.com>
Sent: Friday, September 21, 2018 2:40 PM
Attach: Letter of Wade Boyette Jan-11-2013.pdf; Letter of Wade Boyette Jan-11-2013 (color scan with
envelope).pdf
Subject: Re: Your letter January 11, 2013, mortgage foreclosure in Marion County

Mr. Kenneth Wade Boyette


Boyette, Cummins & Nailos, PLLC
1635 E. Hwy. 50, Suite 300
Clermont, FL 34711
Phone: 352.394.2103
Fax: 352.394.2105

RE: Your letter January 11, 2013, mortgage foreclosure in Marion County

Dear Mr. Boyette:

As of today I do not have a response from you, or on behalf of your law firm, Boyette, Cummins &
Nailos, PLLC, to my email of September 19, 2018, found below.

Therefore, I will proceed on that basis. Thank you.

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

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


From: Neil Gillespie
To: Neil Gillespie ; John Anthony Tomasino ; Kenneth Wade Boyette, Jr.
Cc: jinfurna@bcnlawfirm.com ; dsleeth@bcnlawfirm.com ; mortega@bcnlawfirm.com ; justin@infurnalaw.com ;
justininfurna@gmail.com ; ncummins@bcnlawfirm.com ; knailos@bcnlawfirm.com ; hnailos@bcnlawfirm.com ;
Kenneth Wade Boyette, Jr. ; MRService@mrpllc.com ; Stephanie.reyes@mccalla.com ;
MRService@mccalla.com ; Jeffrey Atkins ; pio@supremecourt.gov
Sent: Wednesday, September 19, 2018 6:37 PM
Subject: Re: Your letter January 11, 2013, mortgage foreclosure in Marion County

10/1/2018
Page 2 of 6

Mr. Kenneth Wade Boyette


Boyette, Cummins & Nailos, PLLC
1635 E. Hwy. 50, Suite 300
Clermont, FL 34711
Phone: 352.394.2103
Fax: 352.394.2105

RE: Your letter January 11, 2013, mortgage foreclosure in Marion County

Dear Mr. Boyette:

Your attached letter to me of January 11, 2013, on letterhead of Boyette, Cummins & Nailos,
Attorneys At Law, re foreclosure case 2013-CA-00115 Marion County, FL, begins,

My review of public records at the Marion County Clerk's Office indicates that a
foreclosure suit was recently filed against you. My knowledge of your specific case is
limited to the information in the public record. Because a foreclosure action could have
serious ramifications, it may be in your best interest to consult with an attorney. Speak
with a knowledgeable and experienced Florida attorney in these financial matters.

I responded to you by email in the affirmative on Monday, January 14, 2013 at 6:53 PM but I did not
get a response. I sent a second affirmative response on Friday, January 18, 2013 at 11:43 PM but I did
not get a response. My emails to you are forwarded below. Your letter states in paragraph two:

It is up to you. Choose to speak with an attorney that will take the time to meet with
you and educate you regarding your options. Debt collectors are counting on your not
having a lawyer. With a little help and guidance you can assess your situation and make
the best objective decision based on the facts. You may benefit from our legal services and
may also qualify for government assistance programs. Don't worry; your situation is not as
bad as you think, but YOU MUST ACT NOW. If you have not been served yet, you will
be soon. You have 20 days after the date of service to answer a legal complaint. Do not
waste time; it is one of your biggest assets.

Yes, I agree that "Debt collectors are counting on your not having a lawyer" but for some reason you
and your firm did not fulfill your offer which I requested/accepted "With a little help and guidance you
can assess your situation and make the best objective decision based on the facts."

I also agree with your statement "You may benefit from our legal services and may also qualify for
government assistance programs" but I did not get those legal services as you and your firm offered
and that I requested/accepted. You wrote further,

I was admitted to The Florida Bar in 1993 after graduating from Mercer University with a
J.D. degree in 1991; and from the University of Florida with a Masters in Taxation in
1993. I am experienced in real estate law, financial, and transactional law and have been
working closely with banks and homeowners for over ten years.

You and your firm are not the only attorneys to either decline representation of me, or who failed to
respond to my request for representation. As you know, The Florida Bar is a unified bar, and
membership in The Florida Bar is mandatory for all lawyers who practice in Florida.

10/1/2018
Page 3 of 6

You and your firm took the time, made the effort, and expended funds, to solicit my business by letter
sent in the U.S. mail, for representation in foreclosure case 2013-CA-00115 Marion County, FL. So I
do not understand why you and your firm did not respond to my two requests for representation. I have
speculated that The Florida Bar maintains a blacklist of people like me who are systematically denied
adequate representation. In addition to, and in the alternative, I have speculated that the Bar Governor
for the respective Circuit, in this case Circuit 5, Seat 1, Renée E. Thompson, may act as a de facto
caporegime, or capo, in achieving certain outcomes in court cases such as my residential home
foreclosure. https://www.floridabar.org/about/bog/

Is that why you and your firm failed to respond to my requests for legal representation? Does my name
appear on a Florida Bar blacklist? Did Ms. Thompson, or anyone else, contact you or your firm about
me and my foreclosure case?

Mr. Boyette, why did you and your firm not respond to my requests for representation? Thank you.

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

Ps. Email responses from Mr. Tomasino, Clerk of the FSC, to my questions below, are attached.

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

From: Neil Gillespie


To: Neil Gillespie ; John Anthony Tomasino ; Kenneth Wade Boyette, Jr.
Cc: jinfurna@bcnlawfirm.com ; dsleeth@bcnlawfirm.com ; mortega@bcnlawfirm.com ;
justin@infurnalaw.com ; justininfurna@gmail.com ; ncummins@bcnlawfirm.com ; knailos@bcnlawfirm.com ;
hnailos@bcnlawfirm.com ; Kenneth Wade Boyette, Jr. ; MRService@mrpllc.com ;
Stephanie.reyes@mccalla.com ; MRService@mccalla.com ; Jeffrey Atkins ; pio@supremecourt.gov
Sent: Monday, July 23, 2018 7:33 PM
Subject: Fw: Your letter January 11, 2013, mortgage foreclosure in Marion County

Mr. Kenneth Wade Boyette


Boyette, Cummins & Nailos, PLLC
1635 E. Hwy. 50, Suite 300
Clermont, FL 34711
Phone: 352.394.2103
Fax: 352.394.2105

RE: Your letter January 11, 2013, mortgage foreclosure in Marion County

Dear Mr. Boyette:

Your name sounded familiar today, so I checked my old emails. My records show I contacted you
twice in January, 2013 relative to your unsolicited mail, which is forwarded with attachments.

Email, Monday, January 14, 2013 6:53 PM

10/1/2018
Page 4 of 6

Email: Friday, January 18, 2013 11:43 PM

I have no record, or recollection, of getting a response from you or your firm. Fine.

So why did Mr. Tomasino and the Florida Supreme Court (FSC) decide to embark on the behavior
for which I complained today? Separately and in addition to, I am aware for years that my email has
been compromised, and I put the information online in the foreclosure case, see,

DOC-340, 08/11/2016, AFFIDAVIT OF NEIL J GILLESPIE


RE: Outlook Express compacting messages
Filing # 45105099 E-Filed 08/11/2016 12:54:34 PM

DOC-341, date 08/11/2016, APPENDIX A - FILED BY DEFT NEIL J GILLESPIE


RE: Outlook Express compacting messages
Filing # 45105099 E-Filed 08/11/2016 12:54:34 PM

In lieu of a credible response from Mr. Tomasino and the FSC, a reasonable person might conclude
that they compromised my email, perhaps on behalf of The Florida Bar, and/or others.

I have updated documents to replace DOC-340 and DOC-341, but have not had time to do so.

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

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


From: Neil Gillespie
To: Kenneth Wade Boyette, Jr.
Cc: Mark Gillespie
Sent: Friday, January 18, 2013 11:43 PM
Subject: Fw: Your letter January 11, 2013, mortgage foreclosure in Marion County

Mr. Kenneth Wade Boyette


Boyette, Cummins & Nailos, PLLC
1635 E. Hwy. 50, Suite 300
Clermont, FL 34711
Phone: 352.394.2103
Fax: 352.394.2105

RE: Your letter January 11, 2013, re mortgage foreclosure in Marion County

Dear Mr. Boyette:

On January 14, 2013 I responded by email to your offer of foreclosure defense representation, made
by your letter addressed to me at my home, but I have not heard back from you. Time is of the
essence as a response is due shortly.

10/1/2018
Page 5 of 6

When can I expect to hear from you Mr. Boyette? Below is the email I sent you. Thank you.

Sincerely,

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

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


From: Neil Gillespie
To: Kenneth Wade Boyette, Jr.
Cc: Mark Gillespie
Sent: Monday, January 14, 2013 5:53 PM
Subject: RE: Your letter January 11, 2013, mortgage foreclosure in Marion County

Mr. Kenneth Wade Boyette


Boyette, Cummins & Nailos, PLLC
1635 E. Hwy. 50, Suite 300
Clermont, FL 34711
Phone: 352.394.2103
Fax: 352.394.2105

RE: Your letter January 11, 2013, mortgage foreclosure in Marion County

Dear Mr. Boyette:

Thank you for your letter sent in response to a home foreclosure against me in Marion County.

Your Florida Bar directory page shows you in the Elder Law Section, which issues dominate this
foreclosure on a HECM reverse mortgage on my home in a family trust. Because time is of the
essence, attached is the foreclosure complaint and summons.

The issues in this foreclosure include disability discrimination by the lender and lender affiliated
parties, and abuse, neglect, and exploitation of elderly and disabled adults, as described in my
complaint made August 9, 2012 to Reverse Mortgage Solutions, Inc., and the U.S. Department of
Housing and Urban Development (HUD), see attached. Plaintiff’s counsel Ms. Parsons responded to
me by letter October 15, 2012, see attached.

In addition, this matter involves serious wrongdoing by the lender and lender affiliated parties, and it
is my understanding that my HUD complaint is under review by the Consumer Financial Protection
Bureau, Complaint No. 120914-000082.

On December 26, 2012 I timely filed a Request for Review Form that was received by the
Independent Foreclosure Review Administrator, Reference Number 1812463076.

Please advise if this is a case that interests you. Thank you.

Sincerely,

10/1/2018
Page 6 of 6

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

10/1/2018
Clerk October 1, 2018
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543­

RE: Application to Justice Clarence Thomas

Neil J. Gillespie v. Reverse Mortgage Solutions

Florida Supreme Court Case No. FSC18-343

Dear Clerk:

Please find enclosed and file the following on my behalf:

Rule 13.5 Application to Justice Clarence Thomas to Extend Time to File A Writ of Certiorari,
and 2 copies, with separate volume appendices.

Rule 29 proof of service.

Enclosures
IN THE

SUPREME COURT OF THE UNITED STATES

NEIL J. GILLESPIE, PETITIONER

vs.

REVERSE MORTGAGE SOLUTIONS, RESPONDENT

PROOF OF SERVICE

I, Neil J. Gillespie, do swear or declare that on this date, October 1,2018, as required by
Supreme Court Rule 29, I have served the enclosed Rule 13.5 Application to Extend Time To
File A Petition For A Writ Of Certiorari, IN RE: Supreme Court of Florida, Case No.: SCI8-343,
on each party to the above proceeding or that party's counsel, and on every other person required
to be served, by depositing an envelope containing the above docunlents in the United States
mail properly addressed to each of them and with first-class postage prepaid, or by delivery to a
third-party commercial carrier for delivery within 3 calendar days, and by E-service.

The names and addresses of those served are as follows:

REVERSE MORTGAGE SOLUTIONS, RESPONDENT

Represented by: Curtis Alan Wilson, Esq., Florida Bar No. 77669

McCalla Raymer Leibert Pierce, LLC

225 E. Robinson St. Suite 115

Orlando, FL 32801

Phone: 407-674-1850

Fax: 321-248-0420

Email: MRService@mrpllc.com

Email: MRService@mccalla.com

I declare under penalty of perjury that the foregoing is true and correct.

Executed on October 1,2018.