Filing # 45714607 E-Filed 08/26/2016 05:38:34 AM

THIS IS NOT A COMMERCIAL FORCLOSURE

IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT FLORIDA
IN AND FOR MARION COUNTY

REVERSE MORTGAGE SOLUTIONS, INC.,

CASE NO.: 2013-CA-000115

42-2013-CA-000115-AXXX-XX

Plaintiff,
Residential reverse mortgage foreclosure
Home Equity Conversion Mortgage (HECM)
12 U.S.C. 1715z20 - 24 C.F.R. Part 206
FHA reverse mortgage program by HUD

vs.

NEIL J. GILLESPIE AND MARK GILLESPIE

AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.
Defendants.
________________________________________/

Florida Homestead of Neil J. Gillespie

Section 4, Article X, Florida Constitution
F.S. 702.015(4) Note missing/defective copy
Rule 1.115 Pleading Mortgage Foreclosures
Rule 1.100(c)(2) Civil cover sheet wrong
F.S. 837.06 False Official Statements
F.S. 92.525 Verification of Documents

DEFENDANTS DEMAND FOR JURY TRIAL

This is a Contested HECM Foreclosure
Defendant 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, a
vulnerable adult, henceforth in the first person, reluctantly appears pro se, and Demands Trial by
Jury for all issues so triable, and states:
1.

I hereby demand Trial by jury, Article I, Section 22, Florida Constitution.

SECTION 22. Trial by jury.The right of trial by jury shall be secure to all and remain
inviolate. The qualifications and the number of jurors, not fewer than six, shall be fixed
by law.

2.

Pursuant to Rule 1.430(b), Fla.R.Civ.Pro, Demand for Jury Trial, I hereby give Notice to

the Plaintiff of my demand for trial by jury for all issues so triable. (Exhibit 1)

DEFENDANTS DEMAND FOR JURY TRIAL

This is a Contested HECM Foreclosure

3.

This is a Contested HECM Foreclosure. Defendant 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) contests this HECM Foreclosure.
4.

The response January 26, 2016 of Leslie Jacobs for Attorney General Pam Bondi does

not show jurisdiction of the Florida Courts over a disputed HECM Foreclosure. (Exhibit 2).
5.

I raised the disputed HECM Foreclosure issue, inter alia, in the U.S. District Court,

which wrongly denied my motion to proceed in forma pauperis under 28 U.S.C. 1915(e)(2).
6.

The U.S. Supreme Court granted without order my motion to proceed in forma pauperis

(IFP) in Petition No. 13-7280, which was extraordinary (Exhibit 3). I believe that overturned the
District Courts denial of IFP under 28 U.S.C. 1915(e)(2) in case 5:13-cv-00058-WTH-PRL.
7.

The U.S. Eleventh Circuit in No. 13-11585-B allowed me by Order July 25, 2013

(Exhibit 4) leave to file a separate petition for writ of mandamus or prohibition under 28 U.S.C.
1651, the all writs act, and Fed.R.App.P.21. But Chief Judge Ed Carnes blocked my access to
court through the Clerk when I started that process. In my view that means the U.S. Eleventh
Circuit must be disqualified for bias from hearing any future case with me as a party.
8.

The forgoing shows federal jurisdiction for the instant case, but for a Circuit Court

outside the U.S. Eleventh Circuit due to past judicial misconduct and bias.
RESPECTFULLY SUBMITTED August 26, 2016.

Neil J. Gillespie, individually, and former Trustee

F.S. Ch. 736 Part III, of the Terminated Trust
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

Service List August 26, 2016

I hereby certify the names below were served by email August 26, 2016 through the Florida
Portal, unless otherwise expressly stated.
Office of Inspector General, OIGHotline
c/o Board of Governors of
the Federal Reserve System
20th Street and Constitution Avenue, NW
Mail Stop K- 300
Washington, DC 20551
Email: OIGHotline@frb.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750

SEC Office of the Whistleblower

100 F Street NE
Washington, DC 20549
Phone: (202) 551-4790
Fax: (703) 813-9322
Via U.S. Mail, First Class
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750
Not served on the Florida Portal

The Honorable Richard Cordray, Director

Consumer Finance Protection Bureau
1700 G Street, NW
Washington, DC 20002
Email: Richard.Cordray@cfpb.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750

Stefanie Isser Goldblatt

Senior Litigation Counsel
Enforcement Division
Consumer Finance Protection Bureau
Email: Stefanie.Goldblatt@cfpb.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750

FBI Tampa Division

Special Agent in Charge, Paul Wysopal
Website: https://www.fbi.gov/tampa
Email: tampa.division@ic.fbi.gov

FBI Jacksonville Division

Special Agent in Charge, Michelle S. Klimt
Website: https://www.fbi.gov/jacksonville
Email: jacksonville@ic.fbi.gov

The Honorable Don F. Briggs

Chief Judge, Fifth Judicial Circuit
Lake County Judicial Center
550 W. Main Street
Tavares, FL 32778-7800.
Tel. 352-742-4224
Email: dbriggs@circuit5.org

The Honorable Ann Melinda Craggs

Circuit Court Judge, Fifth Judicial Circuit
Marion County Judicial Center
110 NW 1st Ave.
Ocala, FL 34475
Tel: 352-401-6785
Email: amcraggs@circuit5.org

Mr. Curtis Wilson, Esq.

McCalla Raymer Pierce, LLC
225 E. Robinson Street, Ste. 660
Orlando, FL 32801
Email: MRService@mrpllc.com

Ms. Colleen Murphy Davis, AUSA

400 N. Tampa Street, Suite 3200
Tampa, FL 33602
Email: USAFLM.HUD@usdoj.gov
JAXSFFORECLOSURES@hud.gov
JAXSFORECLOSURES@hud.gov
lydia.a.brush@gmail.com

Gregory C. Harrell
General Counsel to David R. Ellspermann,
Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
Email: gharrell@marioncountyclerk.org

David R. Ellspermann Marion County Clerk

of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
Email: Ellspermann@marioncountyclerk.org

Development & Construction Corporation

of America, c/o Carol Olson, Vice President
of Administration and Secretary-Treasurer,
for RA Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Email: colson@deccahomes.com

Oak Run Homeowners Association, Inc.

c/o Board of Directors, orhaboard@yahoo.com

Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997; Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net

Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net

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

7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997; (NONE); Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net
Elizabeth Bauerle n/k/a Elizabeth Bidgood
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net

Unknown spouse of Elizabeth Bidgood,

n.k.a. Scott Bidgood
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net

Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
STATE OF FLORIDA
COUNTY OF MARION

1111111111111111111111111111111111111111

)
) SS.:
)

DAVID R EllSPERMANN CLERK & COMPTROLLER MARION

AFFIDAVIT

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

co

DATE: 02/03/2015 11 :55:32 AM

FILE #: 2015009748 OR BK 6161 PGS 1844-1845
REC FEES: $18.50 INDEX FEES: $0.00
DDS: $0 MDS: $0 INT: $0

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.

(SEAL)

Notary Public State of Florida

Angelica Cruz

NOTAR

My Commission EE067986
Expires 02127/2015

UBLIC

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Print Na of Notary PublIc

My Commission Expires: --2J......;;J;_~-=.._'_)5

Book6161/Page1845

CFN#2015009748

Page 2 of 2

RULE 1.430.

DEMAND FOR JURY TRIAL; WAIVER

(a) Right Preserved. The right of trial by jury as declared by the

Constitution or by statute shall be preserved to the parties inviolate.
(b) Demand. Any party may demand a trial by jury of any issue triable of
right by a jury by serving upon the other party a demand therefor in writing at any
time after commencement of the action and not later than 10 days after the service
of the last pleading directed to such issue. The demand may be indorsed upon a
pleading of the party.
(c) Specification of Issues. In the demand a party may specify the issues
that the party wishes so tried; otherwise, the party is deemed to demand trial by
jury for all issues so triable. If a party has demanded trial by jury for only some of
the issues, any other party may serve a demand for trial by jury of any other or all
of the issues triable by jury 10 days after service of the demand or such lesser time
as the court may order.
(d) Waiver. A party who fails to serve a demand as required by this rule
waives trial by jury. If waived, a jury trial may not be granted without the consent
of the parties, but the court may allow an amendment in the proceedings to demand
a trial by jury or order a trial by jury on its own motion. A demand for trial by jury
may not be withdrawn without the consent of the parties.
Committee Notes
1972 Amendment. Subdivision (d) is amended to conform to the decisions
construing it. See Wood v. Warriner, 62 So. 2d 728 (Fla. 1953); Bittner v. Walsh,
132 So. 2d 799 (Fla. 1st DCA 1961); and Shores v. Murphy, 88 So. 2d 294 (Fla.
1956). It is not intended to overrule Wertman v. Tipping, 166 So. 2d 666 (Fla. 1st
DCA 1964), that requires a moving party to show justice requires a jury.

1
February 23, 2016

Florida Rules of Civil Procedure

Work Product of The Florida Bar

Page 127

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 Plaintiffs state law claim that a HECM is due and payable,
the U.S. district court has subject matter jurisdiction under 28 U.S.C. 1331 and the U.S.
Constitution, Article III, Section 2 for all cases, in law and equity, arising under this
Constitution, [and] the laws of the United States, and the Due Process Clause of the Fifth
Amendment and Fourteenth Amendment of the Constitution of the United States:
The Constitution states only one command twice. The Fifth Amendment says to the
federal government that no one shall be "deprived of life, liberty or property without due
process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven
words, called the Due Process Clause, to describe a legal obligation of all states. These
words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures. (Cornell Law LII)
http://www.law.cornell.edu/wex/due_process

Attorney General Pam Bondi

Office of Attorney General
State of Florida
PUBLIC RECORDS REQUEST

January 21, 2016

Page - 2

A property right can be created only by state law. Once a property right is established, the
determination of what process is due before that right can be deprived is a question answered by
the federal Constitution. Kingsford v. Salt Lake City Sch. Dist., 247 F.3d 1123 (10th Cir. 2001).
U.S. Judge Thomas W. Thrash, Jr. in Thompson-El v. Bank of America, 1:12-CV-840TWT, District Court, N.D. GA held in an Order entered December 12, 2012:
Federal question cases are those arising under the Constitution, laws, or treaties of the
United States. 28 U.S.C. 1331 A case arises under federal law if federal law creates
the cause of action, or if a substantial disputed issue of federal law is a necessary element
of a state law claim. Pacheco de Perez v. AT&T Co., 139 F.3d 1368, 1373 (11th Cir.
1998) (citing Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for S.
Cal., 463 U.S. 1, 13 (1983)).
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

Page 1 of 2

Neil Gillespie
From:
To:
Sent:
Subject:

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

"Neil Gillespie" <neilgillespie@mfi.net>
Tuesday, January 26, 2016 3:08 PM
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 Plaintiffs state law claim that a HECM is due and payable, the
U.S. district court has subject matter jurisdiction under 28 U.S.C. 1331 and the U.S. Constitution,
Article III, Section 2 for all cases, in law and equity, arising under this Constitution, [and] the laws
of the United States, and the Due Process Clause of the Fifth Amendment and Fourteenth Amendment
of the Constitution of the United States:
The Constitution
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)

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

8/15/2016

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]

8/15/2016

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 states 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 Generals 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
Generals 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

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-7280.htm

No. 13-7280
Title:

Docketed:
Lower Ct:
Case Nos.:
Decision Date:
Rehearing
Denied:

Neil J. Gillespie, Petitioner

v.
Reverse Mortgage Solutions, Inc., et al.
November 8, 2013
United States Court of Appeals for the Eleventh Circuit
(13-11585)
June 12, 2013
July 25, 2013

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~

Oct 23 2013 Petition for a writ of certiorari and motion for leave to proceed in forma
pauperis filed. (Response due December 9, 2013)
Nov 18 2013 Waiver of right of respondent The Florida Bar to respond filed.
Dec 9 2013 Waiver of right of respondent Reverse Mortgage Solutions, Inc. to respond
filed.
Dec 26 2013 DISTRIBUTED for Conference of January 10, 2014.
Jan 13 2014 Petition DENIED.
Feb 7 2014 Petition for Rehearing filed.
Feb 19 2014 DISTRIBUTED for Conference of March 7, 2014.
Mar 10 2014 Rehearing DENIED.

~~Name~~~~~~~~~~~~~~~~~~~~~
Attorneys for Petitioner:
Neil J. Gillespie

Party name: Neil J. Gillespie

Attorneys for Respondents:
Danielle N. Parsons
Counsel of Record

~~~~~~~Address~~~~~~~~~~~~~~~~~~

~~Phone~~~

8092 SW 115th Loop

Ocala, FL 34481
neilgillespie@mfi.net

(352) 854-7807

McCalla Raymer LLC

225 E. Robinson St., Suite 660
Orlando, FL 32801
Party name: Reverse Mortgage Solutions, Inc.

(407) 674-1850

http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-7280.htm

Bridget Smitha

Party name: The Florida Bar

Greenberg & Traurig, P.A.

101 East College Ave.
Tallahassee, FL 32301

(850) 521-8570

Case: 13-11585

Date Filed: 07/25/2013

Page: 1 of 1