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

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

RECEIVED, 07/04/201812:08:28 AM,Clerk,Supreme Court REINSTATEMENT, and states:

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

states in relevant part: 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. Overview and Background (Who Is Jennifer Banister? Judge Craggs?)

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. The 5DCA CaseMail system is unconstitutional.

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.

2 3. Table of Contents

Page 3 Orders in this case, No. SC18-343. Page 3 Decisions in U.S. Supreme Court Nos. 17-8682 and 17-8686. Page 4 Florida lacks jurisdiction over a HECM - AG Bondi, FlaJur2d Page x Florida is a judicial foreclosure state, but no reverse mortgage statute Page x Email to Clerk, Docs #301 and #302 show I was not lawfully served Page x No Case Number Verified Complaint to Foreclose HECM Page x HUD Complaint, Reverse Mortgage Handbook 7610.01, Section 4-19 Page x CFPB Complaint No. 120914-000082, Closed status Page x CFPB Complaint No. 140304-000750, Open status Page x U.S. 11th Circuit No. 13-11595-B invited petition 18 U.S.C. § 1651 Page x Who Is Jennifer Banister? Judge Craggs? Page x To be filed separately: 5DCA CaseMail system is unconstitutional

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

4. In compliance with the Court’s order appearing at Exhibit 1, fifteen days from June 18, 2018 is July 3, 2018, and this is my motion for reinstatement.

5. 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.

6. 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)

7. 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)

8. 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).

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

9. 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.

10. 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.

11. 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

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.

12. 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.

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

4 13. 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:

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).

5 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).

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)

6 14. 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

15. 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.

16. 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

7 Marie Pesando Principal Attorney Editor Thomson Reuters [email protected]

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

17. 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.

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.

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

18. 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,

8 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 (full signature block omitted)

19. 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

• Exhibits 11 to End will be addressed in an addendum

No Case Number Verified Complaint to Foreclose HECM (Exhibit 11) HUD Complaint, Reverse Mortgage Handbook 7610.01, Section 4-19 (Exhibit 12) CFPB Complaint No. 120914-000082, Closed status (Exhibits 13, 14) CFPB Complaint No. 140304-000750, Open status (Exhibit 15) U.S. 11th Circuit No. 13-11595-B invited petition 18 U.S.C. § 1651 (Exhibit 16) Statutory relief from HUD - Bennett v. Donovan 11-5288 D.C. Cir. 12 USC § 1715z–20(i) Protection of homeowner and lender Borrower Lacked Capacity to Make HECM, Alzheimer’s dementia. Reverse mortgage void for borrower’s incapacity. Matter of Doar (Brunson) 2009 NY Slip Op 29549 [28 Misc 3d 759] Who Is Jennifer Banister? Judge Craggs? (Exhibit 17) To be filed separately: 5DCA CaseMail system is unconstitutional

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

petition, and other relief in the interest of justice.

RESPECTFULLY SUBMITTED, July 3, 2018

Neil J. Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Tel. 352-854-7807 Email: [email protected]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY the names below were served through the Portal July 3, 2018.

Curtis Wilson, Esq. McCalla Raymer Leibert Pierce, LLC

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

Neil J. Gillespie

10 https://www.myflcourtaccess.com/DistrictCourtsOfAppeal/Existing/Documents.aspx?pfid=70490850

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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 ofthe 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 ifthe trustee concludes that the

value of the trust. property is insufficient to justify the cost of administration.

FURTHER AFFIANT SAYETH 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 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 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 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

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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.

5 VIA Email: [email protected] 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:

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:

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

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:

Thank you for the courtesy of a response.

Sincerely,

Neil J. Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Tel. 352-854-7807 Email: [email protected]

Cc: Leslie Jacobs, Email: [email protected]

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" To: "Neil Gillespie" 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 [email protected]

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 Plaintiffâ€™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. Â§ 1331 and the U.S. Constitution, Article III, Section 2 for â€œall 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

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" To: "Pam Bondi" , "Leslie Jacobs" Cc: "Neil Gillespie" 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. Â§ 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)" To: "Neil Gillespie" Cc: "Waldman, Mitchell (Legal)" Sent: Monday, July 02, 2018 3:40 PM Subject: RE: Florida Jurisprudence, 2d Dear Mr. Gillespie,

Marie

Marie Pesando Principal Attorney Editor Thomson Reuters [email protected]

From: Neil Gillespie [mailto:[email protected]] Sent: Monday, July 02, 2018 3:29 PM To: Waldman, Mitchell (Legal) ; Pesando, Marie K. (Legal) Cc: Neil Gillespie Subject: Florida Jurisprudence, 2d

Marie Pesando Thomson Reuters [email protected]

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 [email protected] ----- 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" To: "David Ellspermann" Cc: "Greg Harrell" ; "Neil Gillespie" 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: [email protected]

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

Florida Department of Corrections Home | About Us | Contact Us 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" To: Cc: "David Ellspermann" 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 [email protected]

>>> "Neil Gillespie" 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: [email protected]

7/3/2018 VIA Email: [email protected] March 17, 2016

David R. Ellspermann Cc: Gregory C. Harrell, General Counsel Marion County Clerk of Court & Comptroller Email: [email protected] 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: [email protected]

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 [email protected] 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" To: "David Ellspermann" Cc: "Greg Harrell" ; "Neil Gillespie" 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: [email protected]

7/3/2018 Page 1 of 1

Neil Gillespie

From: "Greg Harrell" To: Cc: "David Ellspermann" 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 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: [email protected]

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 Page - 3 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. HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012 Page - 4 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. HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012 Page - 6 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 HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012 Page - 7 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) HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012 Page - 8

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. HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012 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- HUD Complaint - Dispute Notice of Default and Intent to Foreclose August 9, 2012 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 Page - 13 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" To: 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

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

RM 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 butnot 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. Ifthe 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. Ifyou 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^...

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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)

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

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" To: 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/.

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.

STATUS 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 PRODUCT consumer protection office; or Reverse mortgage Let you know if we need more information to continue our work.

ISSUE Loan modification,collection,foreclosureYOUR COMPLAINT ATTACHMENTS 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: [email protected] 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.

Digitally signed by Neil J Gillespie DN: cn=Neil J Gillespie, o, ou, [email protected], c=US February 23, 2014 Signature: ______Neil J Gillespie Date: 2014.02.23 16:11:35 -05'00' 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: [email protected]

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

Case: 13-11585 Date Filed: 07/02/2013 Page: 1 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 2 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 3 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 4 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 5 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 6 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 7 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 8 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 9 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 10 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 11 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 12 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 13 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 14 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 15 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 16 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 17 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 18 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 19 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 20 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 21 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 22 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 23 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 24 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 25 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 26 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 27 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 28 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 29 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 30 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 31 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 32 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 33 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 34 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 35 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 36 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 37 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 38 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 41 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 42 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 43 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 44 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 45 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 46 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 47 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 48 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 49 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 50 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 51 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 52 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 53 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 54 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 55 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 56 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 57 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 58 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 59 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 60 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 61 of 62 Case: 13-11585 Date Filed: 07/02/2013 Page: 62 of 62 Page 1 of 1

Neil Gillespie

From: "John A. Tomasino" To: "'Neil Gillespie'" Sent: Tuesday, July 03, 2018 9:52 AM Attach: Fw_ pedofile.eml; Re_ pedofile.eml; Fw_ pedofile.eml Subject: RE: PRR for Jennifer Bannister Please find attached three emails responsive to your below request.

Sincerely, John Tomasino

From: Neil Gillespie [mailto:[email protected]] Sent: Tuesday, July 3, 2018 9:48 AM To: John A. Tomasino Cc: Neil Gillespie Subject: PRR for Jennifer Bannister

Hon. John Tomasino, Clerk Supreme Court of Florida 500 South Duval Street Tallahassee, Florida 32399 VIA Email: [email protected]

RE: Public Records Request, Article I, Section 24, Florida Constitution.

Dear Mr. Tomasino:

I am contacting you as the records custodian for the Florida Supreme Court. During the last week of June 2018 I provided emails to you at the Supreme Court from "Jennifer Bannister" or concerning "Jennifer Bannister". This is a request for copies of those emails and any attachments. This is also a request for records that identify the true, legal name and address of "Jennifer Bannister". Thank you.

Sincerely,

Neil J. Gillespie 8092 SW 115th Loop Ocala, FL 34481 Tel. 352-854-7807 Email: [email protected]

7/3/2018 Page 1 of 2

Neil Gillespie

From: "Neil Gillespie" To: "FBI Tampa Division" ; "Jeffrey Atkins" ; "Clayton Higgins" ; "John A. Tomasino" ; "Gregg Jerald" ; "David R. Ellspermann" ; "Greg Harrell" Cc: "Neil Gillespie" Sent: Monday, June 25, 2018 10:52 PM Attach: 2017-1321_Notice_82093.pdf; ATT00001.txt Subject: Fw: pedofile

Eric Sporre, Special Agent in Charge FBI Tampa Division

Mr. Jeffrey Atkins Deputy Clerk for Case Initiation Supreme Court of the United States

Mr. Clayton R. Higgins, Jr. Case Analyst Supreme Court of the United States

John Tomasino, Clerk Florida Supreme Court

Gregg Jerald, Staff Commander Sheriff's Executive Staff Marion County Sheriff’s Office

David Ellspermann, Marion County Clerk of Circuit Court and Comptroller Greg Harrell, General Counsel

Good Evening Gentlemen:

This evening I received the email forwarded below from "Jennifer Banister" , subject "pedofile", message "im like two".

I do not know a person named "Jennifer Banister", or the purpose of this email, other than it appears to be a form of harassment and intimidation.

The email has attached a PDF of my pleading originally filed in Marion County case no. 2013-CA- 000115, REVERSE MORTGAGE SOLUTIONS, INC., vs NEIL J. GILLESPIE et al.

NOTICE OF FILING FEDERAL CIVIL RIGHTS COMPLAINT U.S. Department of Justice, Civil Rights Division, Voting Section

The email has a link to the pleading as it appears on the Florida Supreme Court website in Case No. SC2017-1321.

The Florida Supreme Court numbers on the PDF show what appears on the pleading when cut and pasted:

7/3/2018 Page 2 of 2

RECEIVED, 07/18/2017 07:28:35 AM, Clerk, Supreme Court

The Marion County filing numbers on the PDF show a different number from what I cut, see below the pasted number. Filing # 549010352526056136 E-Filed 037/12348/2017 01057:024048:014028 PAMM

Florida Supreme Court Case No. SC2017-1321 was my EMERGENCY PETITION TO CANCEL NON-JURY TRIAL 10:00 AM TODAY filed July 18, 2018.

Earlier today the U.S. Supreme Court dismissed Petitions No. 17-8682 and No. 17-8689, and denied my IFP motions. Apparently that was not enough for "Jennifer Banister", who has commenced this harassment and intimidation, subject "pedofile", message "im like two".

If anyone knows "Jennifer Banister", or the purpose of this email, please advise me. Thank you.

Sincerely,

Neil J. Gillespie 8092 SW 115th Loop Ocala, FL 34481 Tel. 352-854-7807 Email: [email protected]

----- Original Message ----- From: "Jennifer Banister" To: Sent: Monday, June 25, 2018 9:35 PM Subject: pedofile

im like two

https://efactssc-public.flcourts.org/CaseDocuments/2017/1321/2017-1321_Notice_82093.pdf

7/3/2018 Filing # 541552015900525659132663 E-Filed 03/23/201707/14/201707/18/2017 10:40:4805:08:0007:24:12 PMAM

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT FLORIDA IN AND FOR MARION COUNTY REVERSE MORTGAGE SOLUTIONS, INC., CASE NO.: 2013-CA-000115 Plaintiff, 42-2013-CA-000115-AXXX-XX

vs. Homestead Residential Foreclosure $50,001-$249,999 (Contested) NEIL J. GILLESPIE AND MARK GILLESPIE Home Equity Conversion Mortgage AS CO-TRUSTEES OF THE GILLESPIE HUD/FHA/HECM Reverse Mortgage FAMILY LIVING TRUST AGREEMENT 12 USC § 1715z–20; 24 CFR Part 206 DATED FEBRUARY 10, 1997, ET AL. FHA Case Number: 091-4405741 BofA/RMS acct/loan #68011002615899 Defendants. ______/

NOTICE OF FILING FEDERAL CIVIL RIGHTS COMPLAINT U.S. Department of Justice, Civil Rights Division, Voting Section

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, reluctantly appears pro se, henceforth in the first person, gives Notice of Filing

by email to the U.S. Department of Justice, Civil Rights Division, Voting Section:

1. On February 7, 2017 I submitted by email to the U.S. Department of Justice, Civil Rights

Division, Voting Section, a complaint against Florida’s rigged judicial elections, to: RECEIVED, 07/18/201707:28:35 AM,Clerk,Supreme Court Civil Rights Division, Voting Section U.S. Department of Justice 950 Pennsylvania Ave., NW, Rm 7254 NWB Washington, DC 20530 [email protected]

This is a Civil Rights Division, will Voting Section complaint against Florida’s rigged judicial elections. Attached you find the following evidence of rigged judicial elections: NOTICE OF FILING FEDERAL CIVIL RIGHTS COMPLAINT U.S. Department of Justice, Civil Rights Division, Voting Section

1. Notice to Ken Detzner, Secretary of State, Florida's Rigged Judicial Elections 2. MARION COUNTY BAR ASSOCIATION+Email 3. Letter to Mr. Donald R. DeLuca, VP&GC, RLR Investments, LLC 4. Marion County Judicial Center and Bar Association

Thank you.

Sincerely, Neil J. Gillespie (address block omitted)

RESPECTFULLY SUBMITTED March 23, 2017.

Neil J. Gillespie, individually, and former Trustee, F.S. Ch. 736 Part III, of the Terminated Trust 8092 SW 115th Loop Ocala, Florida 34481 Phone: 352-854-7807 Email: [email protected]

Service List March 23, 2017

I hereby certify the names below were served by email March 23, 2017 through the Florida Portal, unless otherwise expressly stated. May include additional names on the Florida Portal.

Civil Rights Division, Voting Section W. Stephen Muldrow USAFLM U.S. Department of Justice Acting United States Attorney 950 Pennsylvania Ave., NW, Rm 7254 NWB Middle District of Florida Washington, DC 20530 400 North Tampa Street VIA Email: [email protected] Suite 3200 Tampa, Fl. 33602 Ken Detzner, Secretary of State Email: [email protected] Florida Department of State R. A. Gray Building, Room 316 500 South Bronough Street Tallahassee, Florida 32399-0250 VIA Email [email protected]

2 Service List March 23, 2017

I hereby certify the names below were served by email March 23, 2017 through the Florida Portal, unless otherwise expressly stated. May include additional names on the Florida Portal.

The Honorable Joseph Negron, President The Honorable Richard Corcoran, Speaker Email: [email protected] Email: [email protected] Florida Senate Florida House of Representatives 409, The Capitol 420 The Capitol 404 S. Monroe Street 402 South Monroe Street Tallahassee, FL 32399-1100 Tallahassee, Florida 32399-1300 Tel: 850-487-5229 Tel: 850-717-5037 https://www.flsenate.gov/Offices/President http://www.myfloridahouse.gov/

Florida Senate Florida House of Representatives Debbie Brown, Secretary of the Senate Office of the Clerk Office of Senate Secretary Email: [email protected] Email: [email protected]

Office of Inspector General, “OIGHotline” SEC Office of the Whistleblower c/o Board of Governors of 100 F Street NE the Federal Reserve System Washington, DC 20549 20th Street and Constitution Avenue, NW Phone: (202) 551-4790 Mail Stop K- 300 Fax: (703) 813-9322 Washington, DC 20551 Via U.S. Mail, First Class or Priority Email: [email protected] CFPB Complaint No. 120914-000082 CFPB Complaint No. 120914-000082 CFPB Complaint No. 140304-000750 CFPB Complaint No. 140304-000750 Not served on the Florida Portal

The Honorable Richard Cordray, Director Stefanie Isser Goldblatt Consumer Finance Protection Bureau Senior Litigation Counsel 1700 G Street, NW Enforcement Division Washington, DC 20002 Consumer Finance Protection Bureau Email: [email protected] Email: [email protected] CFPB Complaint No. 120914-000082 CFPB Complaint No. 120914-000082 CFPB Complaint No. 140304-000750 CFPB Complaint No. 140304-000750

FBI Tampa Division FBI Jacksonville Division Special Agent in Charge, Paul Wysopal Special Agent in Charge, Michelle S. Klimt Website: https://www.fbi.gov/tampa Website: https://www.fbi.gov/jacksonville Email: [email protected] Email: [email protected]

The Honorable Don F. Briggs The Honorable Ann Melinda Craggs Chief Judge, Fifth Judicial Circuit Circuit Court Judge, Fifth Judicial Circuit Lake County Judicial Center Marion County Judicial Center 550 W. Main Street 110 NW 1st Ave. Tavares, FL 32778-7800. Ocala, FL 34475 Tel. 352-742-4224 Tel: 352-401-6785 Email: [email protected] Email: [email protected] Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AUSA McCalla Raymer Pierce, LLC 400 N. Tampa Street, Suite 3200 225 E. Robinson Street, Ste. 660 Tampa, FL 33602 Orlando, FL 32801 Email: [email protected] Email: [email protected] [email protected] [email protected] [email protected]

Gregory C. Harrell David R. Ellspermann Marion County Clerk General Counsel to David R. Ellspermann, of Court & Comptroller Marion County Clerk of Court & Comptroller P.O. Box 1030 P.O. Box 1030 Ocala, Florida 34478-1030 Ocala, Florida 34478-1030 Email: [email protected] Email: [email protected]

Development & Construction Corporation Oak Run Homeowners Association, Inc. of America, c/o Carol Olson, Vice President (ORHA) of Administration and Secretary-Treasurer c/o ORHA Board of Directors 10983 SW 89 Avenue Email: [email protected] Ocala, FL 34481 c/o ORHA President David Stott Email: [email protected] Email: [email protected]

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: [email protected]

Neil J. Gillespie Mark Gillespie 8092 SW 115th Loop 7504 Summer Meadows Drive Ocala, FL 34481 Ft. Worth, TX 76123 Email: [email protected] Email: [email protected]

Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie 7504 Summer Meadows Drive Ft. Worth, TX 76123 Email: [email protected]

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: [email protected]

Elizabeth Bauerle n/k/a Elizabeth Bidgood Unknown spouse of Elizabeth Bidgood, 8092 SW 115th Loop n.k.a. Scott Bidgood Ocala, FL 34481 8092 SW 115th Loop Email: [email protected] Ocala, FL 34481 Email: [email protected] 2 Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997