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SUBJ ECT: Freedom of Information Act (FOIA) request for review J une 16, 2014

RE: FOIA Request 14-FI-RO6-01365 - 24 CFR Section 15.111


VIA UPS No. 1Z64589F0296593896
Office of Regional Counsel
Department of Housing and Urban Development (HUD)
801 Cherry Street, Unit #45, Ste 2500
Fort Worth, Texas 76102
RE: FOIA Request 14-FI-RO6-01365
U.S. Department of Housing and Urban Affairs (HUD), HECM reverse mortgage
Home Equity Conversion Mortgage (HECM), 12 USC 1715z20; 24 CFR Part 206
Federal Housing Authority (FHA) Case Number: 091-4405741
Bank of America, N.A. (BofA) Account No.: 68011002615899
Reverse Mortgage Solutions, Inc. (RMS) Loan Number: 68011002615899
Dear Office of Regional Counsel:
The FOIA records I got from HUD are incomplete, and missing hundreds of pages of documents,
as set forth in my enclosed letter May 28, 2014 to Bill Tolbert/FOIA Liaison. My home is in
foreclosure, see Reverse Mortgage Solutions Inc. v. Neil J . Gillespie and Mark Gillespie as Co-
Trustees of the Gillespie Family Living Trust, et al., Fifth J udicial Circuit, Marion County
Florida, Case 2013-CA-000115. However, it appears the Plaintiffs counsel Danielle N. Parsons,
Esq., McCalla Raymer LLC, did not have or file J anuary 9, 2013 sufficient documents with the
Verified Complaint to Foreclose Home Equity Conversion Mortgage, but nonetheless swore to
the Court that she did, thereby violating the Florida Supreme Court Verification Rule, violating
the Florida Rules of Professional Conduct (end of this letter), and engaged in fraud on the court.
Florida Supreme Court Verification Rule
The Florida Supreme Court [SC09-1460] amended Rule 1.110(b) to require verification of
mortgage foreclosure complaints involving residential real property. In re Amendments to the
Florida Rules of Civil Procedure, 44 So.3d 555, 556 (Fla. 2010):
First, rule 1.110(b) is amended to require verification of mortgage foreclosure complaints
involving residential real property. The primary purposes of this amendment are (1) to
provide incentive for the plaintiff to appropriately investigate and verify its ownership of
the note or right to enforce the note and ensure that the allegations in the complaint are
accurate; (2) to conserve judicial resources that are currently being wasted on
inappropriately pleaded .lost note. counts and inconsistent allegations; (3) to prevent the
wasting of judicial resources and harm to defendants resulting from suits brought by
plaintiffs not entitled to enforce the note; and (4) to give trial courts greater authority to
sanction plaintiffs who make false allegations.
See also In re Amendments to the Fla. Rules of Civil ProcedureForm 1.996 (Final J udgment of
Foreclosure), 51 So.3d 1140, 114041 (Fla.2010) (In light of recent reports of alleged document
fraud and forgery in mortgage foreclosure cases, this new requirement is particularly important.).
SUBJ ECT: Freedom of Information Act (FOIA) request for review J une 16, 2014
RE: FOIA Request 14-FI-RO6-01365 - 24 CFR Section 15.111 Page - 2
Rule 1.110(b), Florida Rule of Civil Procedure, and section 92.525, Florida Statutes (2011),
govern verification. Rule 1.110(b) provides, in pertinent part, as follows:
When filing an action for foreclosure of a mortgage on residential real property the
complaint shall be verified. When verification of a document is required, the document
filed shall include an oath, affirmation, or the following statement:
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
Section 92.525 Florida Statutes provides, in pertinent part, as follows:
(1) When it is authorized or required by law, by rule of an administrative agency, or by
rule or order of court that a document be verified by a person, the verification may be
accomplished in the following manner:
(a) Under oath or affirmation taken or administered before an officer authorized
under s. 92.50 to administer oaths; or
(b) By the signing of the written declaration prescribed in subsection (2).
(2) A written declaration means the following statement: Under penalties of perjury, I
declare that I have read the foregoing [document] and that the facts stated in it are true,
followed by the signature of the person making the declaration, except when a
verification on information or belief is permitted by law, in which case the words to the
best of my knowledge and belief may be added. The written declaration shall be printed
or typed at the end of or immediately below the document being verified and above the
signature of the person making the declaration.
Fraud on the Court
Section 837.06, Florida Statutes, governs False official statements.
837.06 False official statements.Whoever knowingly makes a false statement in
writing with the intent to mislead a public servant in the performance of his or her official
duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
Persons who falsely verified the Verified Complaint
Plaintiffs counsel, Danielle N. Parsons, Esq. Fla. Bar No.: 0029364
McCalla Raymer LLC, 225 E. Robinson St. Suite 660, Orlando, FL 32801
Debbie Sims, Vice President, Reverse Mortgage Solutions, Inc. (RMS),
2727 Spring Creek Drive, Spring, TX 77373
The matter is currently under investigation by The Florida Bar, File No. 2014-30,525 (09A).
SUBJ ECT: Freedom of Information Act (FOIA) request for review J une 16, 2014
RE: FOIA Request 14-FI-RO6-01365 - 24 CFR Section 15.111 Page - 3
Now it appears HUD does not have sufficient documents to foreclose. I take that to mean the
foreclosure is null and void. Therefore I request HUD provide me a clear title to my property and
forever abandon foreclosure efforts on this HECM.
1. Enclosed you will find my original FOIA request submitted April 16, 2014
2. FOIA Response letter May 23, 2014 from Bill Tolbert/FOIA Liaison
3. My letter May 28, 2014 to Bill Tolbert/FOIA Liaison
4. My letter May 28, 2014 to Shaun Donovan, Secretary, HUD
Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop Telephone: 352-854-7807
Ocala, Florida 34481 Email: neilgillespie@mfi.net Enclosures
Florida Rules of Professional Conduct, as described in The Florida Bar Informational Packet,
Candor Before The Tribunal, Oath of Admission to The Florida Bar, Creed of Professionalism.
An attorney is an officer of the Court; conduct is subject to judicial supervision and scrutiny:
Attorney is an officer of the court and an essential component of the administration of
justice, and, as such, his conduct is subject to judicial supervision and scrutiny. State ex
rel. Florida Bar v. Evans, 94 So.2d 730 (1957).
The lawyer's duty not to assist witnesses, including the lawyer's own client, in offering false
evidence stems from the Rules of Professional Conduct, Florida statutes, and caselaw.
Rule 4-1.2(d) prohibits the lawyer from assisting a client in conduct that the lawyer
knows or reasonably should know is criminal or fraudulent.
Rule 4-3.4(b) prohibits a lawyer from fabricating evidence or assisting a witness to testify
falsely.
Rule 4-8.4(a) prohibits the lawyer from violating the Rules of Professional Conduct or
knowingly assisting another to do so.
Rule 4-8.4(b) prohibits a lawyer from committing a criminal act that reflects adversely on
the lawyer's honesty, trustworthiness, or fitness as a lawyer.
Rule 4-8.4(c) prohibits a lawyer from engaging in conduct involving dishonesty, fraud,
deceit, or misrepresentation.
SUBJ ECT: Freedom of Information Act (FOIA) request for review J une 16, 2014
RE: FOIA Request 14-FI-RO6-01365 - 24 CFR Section 15.111 Page - 4
Rule 4-8.4(d) prohibits a lawyer from engaging in conduct that is prejudicial to the
administration of justice.
Rule 4-1.6(b) requires a lawyer to reveal information to the extent the lawyer reasonably
believes necessary to prevent a client from committing a crime.
This rule, 4-3.3(a)(2), requires a lawyer to reveal a material fact to the tribunal when
disclosure is necessary to avoid assisting a criminal or fraudulent act by the client, and 4-
3.3(a)(4) prohibits a lawyer from offering false evidence and requires the lawyer to take
reasonable remedial measures when false material evidence has been offered.
Rule 4-1.16 prohibits a lawyer from representing a client if the representation will result
in a violation of the Rules of Professional Conduct or law and permits the lawyer to
withdraw from representation if the client persists in a course of action that the lawyer
reasonably believes is criminal or fraudulent or repugnant or imprudent. Rule 4-1.16(c)
recognizes that notwithstanding good cause for terminating representation of a client, a
lawyer is obliged to continue representation if so ordered by a tribunal.
Florida caselaw prohibits lawyers from presenting false testimony or evidence. Kneale v.
Williams, 30 So. 2d 284 (Fla. 1947), states that perpetration of a fraud is outside the scope of the
professional duty of an attorney and no privilege attaches to communication between an attorney
and a client with respect to transactions constituting the making of a false claim or the
perpetration of a fraud. Dodd v. The Florida Bar, 118 So. 2d 17 (Fla. 1960), reminds us that "the
courts are . . . dependent on members of the bar to . . . present the true facts of each cause . . . to
enable the judge or the jury to [decide the facts] to which the law may be applied. When an
attorney . . . allows false testimony . . . [the attorney] . . . makes it impossible for the scales [of
justice] to balance." See The Fla. Bar v. Agar, 394 So. 2d 405 (Fla. 1981), and The Fla. Bar v.
Simons, 391 So. 2d 684 (Fla. 1980). To permit or assist a client or other witness to testify falsely
is prohibited by F.S. 837.02 which makes perjury in an official proceeding a felony, and by
F.S. 777.011 which proscribes aiding, abetting, or counseling commission of a felony.
Oath of Admission to The Florida Bar
http://www.floridabar.org/tfb/TFBProfess.nsf/93534de21ecc6a7285257002004837a3/04e9eb581
538255a85256b2f006ccd7d!OpenDocument
The general principles which should ever control the lawyer in the practice of the legal
profession are clearly set forth in the following oath of admission to the Bar, which the lawyer is
sworn on admission to obey and for the willful violation to which disbarment may be had.
"I do solemnly swear:
"I will support the Constitution of the United States and the Constitution of the State of Florida;
"I will maintain the respect due to courts of justice and judicial officers;
SUBJ ECT: Freedom of Information Act (FOIA) request for review J une 16, 2014
RE: FOIA Request 14-FI-RO6-01365 - 24 CFR Section 15.111 Page - 5
"I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor
any defense except such as I believe to be honestly debatable under the law of the land;
"I will employ for the purpose of maintaining the causes confided to me such means only as are
consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice
or false statement of fact or law;
"I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept
no compensation in connection with their business except from them or with their knowledge
and approval;
"To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court,
but also in all written and oral communications;
"I will abstain from all offensive personality and advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which I am
charged;
"I will never reject, from any consideration personal to myself, the cause of the defenseless or
oppressed, or delay anyone's cause for lucre or malice. So help me God."
(NOTE: This form may NOT be used for admission purposes. You must obtain the official form
from the Florida Board of Bar Examiners for admission.)
[Revised: 06-25-2013]
Creed Of Professionalism
http://www.floridabar.org/tfb/TFBProfess.nsf/93534de21ecc6a7285257002004837a3/88fd206dc
9a3e91185256b2f006ccd88!OpenDocument
I revere the law, the judicial system, and the legal profession and will at all times in my
professional and private lives uphold the dignity and esteem of each.
I will further my profession's devotion to public service and to the public good.
I will strictly adhere to the spirit as well as the letter of my profession's code of ethics, to the
extent that the law permits and will at all times be guided by a fundamental sense of honor,
integrity, and fair play.
I will not knowingly misstate, distort, or improperly exaggerate any fact or opinion and will not
improperly permit my silence or inaction to mislead anyone.
I will conduct myself to assure the just, speedy and inexpensive determination of every action
and resolution of every controversy.
SUBJ ECT: Freedom of Information Act (FOIA) request for review J une 16, 2014
RE: FOIA Request 14-FI-RO6-01365 - 24 CFR Section 15.111 Page - 6
I will abstain from all rude, disruptive, disrespectful, and abusive behavior and will at all times
act with dignity, decency, and courtesy.
I will respect the time and commitments of others.
I will be diligent and punctual in communicating with others and in fulfilling commitments.
I will exercise independent judgment and will not be governed by a client's ill will or deceit.
My word is my bond.
The Florida Bar Informational Packet, Candor Before The Tribunal
http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/0F161F3B5030FE0485256B290
04BEEDD/$FILE/candor%20packet.pdf?OpenElement
Fax - FOIA - Privacy Act Request
From: Neil J. Gillespie - Requester Account Username: HECM4me
8092 SW 115
th
Loop
Ocala, FL 34481
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net
To: U.S. Department of Housing and Urban Development, Freedom
of Information Act Office
Fax : (202) 619-8365
Dat e: April 16, 2014
Pages: two (2), including this page
Re: Freedom of Information Act-Privacy Act request, CFPB #140304-000750
The accompanying letter of Martin Michalosky, CFPB FOIA Manager, states in relevant part:
During the review of documents responsive to your request, it was determined that the U.S.
Department of Housing and Urban Development (HUD) could possibly have additional
documents responsive to you request.
Kindly provide the documents referred to by Mr. Michalosky under FOIA/Privacy Act for CFPB -
Consumer Financial Protection Bureau Case Number 140304-000750, and/or the earlier CFPB Case
Number 120914-000082; and any other documents pertaining to a Home Equity Conversion
Mortgage or HECM Reverse Mortgage, a.k.a. Bank of America Account No.: 68011002615899.
I request that a copy of contents of the file in the above be provided to me, and request any fees be
removed since this a personal request, not a commercial request. I am disabled, indigent, and my
home is in foreclosure. TIME IS OF THE ESSENCE. A copy of my Florida drivers license is shown
below for identification. You may email the information or records in PDF to neilgillespie@mfi.net.
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
cf
RE: FOIARequest#CFPB-2014-156-P
April 1,2014
Mr. Neil O"illespie
8092SW115thLoop
Ocala, Florida 34481
DearMr. Gillespie:
This letteris in fmal responsetoyourPrivacyAct(PA) requestdatedMarch25,2014.Your
request sought a copyof contents of your file, case number 140304-000750.
Attachedtothis letter,pleasefmd ourresponsetoyourrequest,which consistsof 6pagesthatare
grantedin full. Nodeletions orexemptions have beenclaimed ontheserecords.
Duringthereviewof documentsresponsive toyourrequest, it wasdetermined thattheU.S.
Departmentof HousingandUrbanDevelopment (HUD)couldpossibly have additiol1al
documentsresponsive toyourequest. Shouldyouwish tocontacttheHUD,theiraddressis:
U.S. Departmentof Housingand UrbanDevelopment
Freedomof InformationActOffice
451 7thStreet,SW, Room10139
Washington, DC20410-3000
Provisions of the FOIA allow us to recover partof the costof complying with your request. In
this instance, wehavewaived all fees relatedtotheprocessingof yourrequest. Therefore, your
fee waiver is moot.
Forquestionsconcerning ourresponse,please feel free tocontactCFPB'sFOIAService Center
byemail atFOIA@cfpb.gov orbytelephoneat 1-855-444-FOIA(3642).
Sincerely,
1 1 l ~
MartinMichalosky
FOIAManager
OperationsDivision
consurnerfinance.gov
VIA Email to william.tolbert@hud.gov May 28, 2014
Bill Tolbert/FOIA Liaison
Senior Management Analyst
Office of the Field Office Director
HUD Oklahoma City Field Office
301 NW 6
th
Street, Suite 200
Oklahoma City, OK 73102
Tel. 405-609-8461, Fax. 405-609-8982
Dear Mr. Tolbert,
Thank you for your response.
Unfortunately the records provided are missing hundreds of pages documents.
1. On May 13, 2014 I make but did not get a response to a records request to Deidra J enkins
HUD FOIA Specialist:
Kindly identify the person designated to accept service of legal process for Shaun Donovan,
Secretary, U.S. Department of Housing and Urban Development (HUD). Provide the address
where the designated person may be served legal process for Secretary Donovan.
Kindly provide a legible copy of the oath of office for the following:
Shaun Donovan, Secretary, U.S. Department of Housing and Urban Development (HUD)
Deidra J enkins, Deidra.D.J enkins@hud.gov, FOIA Specialist, U.S. Department of Housing and
Urban Development (HUD), Office of the Executive Secretariat
Benjamin Shultz, benjamin.shultz@usdoj.gov, Department of J ustice Attorney for HUD
Michael Raab, michael.raab@usdoj.gov, Department of J ustice Attorney for HUD
2. Your response does not show my 227 page complaint to HUD. On August 9, 2012 I made
a written complaint to HUDs Atlanta Homeownership Center pursuant to the complaint
procedure set forth in the HUD Reverse Mortgage Handbook 7610.01, Section 4-19. My
complaint was 227 pages, with a CD recording of the 2008 HECM telephone counseling.
The index to Appendix 1 and Appendix 2 are attached showing individual missing documents.
HUD Complaint August 9, 2012 by Neil J . Gillespie, twenty-five (25) pages
Exhibit A, a two page Notice of Default and Intend to Foreclose
Exhibit B, CD audio recording of the April 22, 2008 HECM telephone counseling
Separate Volume Appendix 1, Exhibits 1-21 (108 pages)
Separate Volume Appendix 2, Exhibits 22-42 (92 pages)
3. You provided a one-page assignment of mortgage (a poor quality copy) that is missing
the Direct Endorsement Allonge and other transfer documentation.
Bill Tolbert/HUD FOIA Liaison May 28, 2014
HUD Senior Management Analyst Page -2
On J une 3, 2008 - two days before the loan closed - Liberty Reverse Mortgage somehow sold a
nonexistent HECM Note and HECM Mortgage to Bank of America. Libertys J essica Yee also
made a Direct Endorsement Allonge - without recourse - May 29, 2008 that predates execution
of the Note by a week. The Direct Endorsement Allonge was made Pay To The Order Of: Bank
of America, N.A., a National Banking Association. The Allonge became a permanent part of
said Note on May 29, 2008:
For purposes of further endorsement of the following described Note, this Allonge is
affixed and becomes a permanent part of said Note on May 29, 2008.
On May 29, 2008 a Note did not exist. The Allonge has a fatal defect that vitiates the Note,
making it unenforceable. The Allonge was made Without Recourse to Bank of America, N.A.,
and thus without recourse against the property. This defective chain of custody is fatal and
vitiates the Assignment of Mortgage executed by BofA to the Plaintiff March 27, 2012.
4. Other documents missing. The [first] Home Equity Conversion Mortgage is missing. The
[first] Adjustable Rate Note (Home Equity Conversion) is missing. This is a list of the Home
Equity Conversion Mortgage documents that I signed J une 5, 2008. All are missing except the
second mortgage and second note that you provided.
a. Home Equity Conversion Mortgage
b. Home Equity Conversion Second Mortgage [provided]
c. Adjustable Rate Note (Home Equity Conversion)
d. Adjustable Rate Second Note (Home Equity Conversion) [provided]
e. Home Equity Conversion Mortgage Federal Loan Closing Truth-In-Lending
Disclosure Statement
f. Florida Department of Revenue Return for Transfers of Interest in Real Property
g. Trustees Affidavit - Refinance Transaction
h. Acceptance of Office by Co-Trustees
5. During the course of litigation, I provided documents to HUDs counsel in the US
Attorneys Office in Tampa. None of those documents were provided. Initially an incorrect
referral to HUD Miami got some of the documents, but that was remedied.
When can I expect a full response to my FOIA? Thank you in advanced for a response.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net enclosures
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, J un-03-2008 (unlawful)
Exhibit 3 Notice of Assignment, Sale or Transfer, Servicing Rights, J un-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, J une 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, J une 5, 2008, WITHOUT interlineation
Exhibit 10 HECM Second Mortgage, J une 5, 2008, WITHOUT interlineation
Exhibit 11 HECM First Note, J une 5, 2008
Exhibit 12 HECM Second Note, J une 5, 2008
Exhibit 13 Quit-Claim Deed, J une 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, J une 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, J une 5, 2008
Exhibit 23 Email from Liz Baize, Park Ave Bank, problem with documents, J une 10, 2008
Exhibit 24 HECM Notice of Right to Cancel, J une 5, 2008
Exhibit 25 Fax to RMS, dispute the delinquency and foreclosure, J une 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, J uly 14, 2009
Exhibit 29 San J ose Business J ournal, Financial Title Shuts Down, J uly 30, 2008
Exhibit 30 Genworth lures Liberty Reverse Mortgage with $50 million, J uly 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, J anuary 15, 2009
Exhibit 35 Negative growth reimbursement check, $38.89, J anuary 6, 2009
Exhibit 36 Reimbursement check, $133.38 J anuary 6, 2009
Exhibit 37 Letter, Karen Yantis, BofA, RE: Negative Growth, J anuary 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 Clients Level of Understanding
Exhibit 42 General Allegations, HUD, breach of Fiduciary Duty, Predatory Lending
VIA UPS No. 1Z64589FNW91507926 May 28, 2014
Shaun Donovan, Secretary
U.S. Department of Housing and Urban Development (HUD)
451 7th Street S.W.
Washington, DC 20410
RE: Reverse Mortgage Solutions, Inc. v. Neil J . Gillespie, Co-Trustee, et al.
U.S. Court of Appeals for the Eleventh Circuit, no. 13-11585-B
District Court no: 5:13-cv-00058-WTH-PRL, removed from Marion County Florida
Marion County Florida, Fifth J udicial Circuit, no. 42-2013CA-000115-AXXX-XX
Consumer Financial Protection Bureau (CFPB) Case No. 120914-000082; 140304-000750
RE: FOIA Request 14-FI-RO6-01365
Dear Secretary Donovan:
The enclosed letter from the Consumer Financial Protection Bureau (CFPB) to Senator Marco
Rubio March 24, 2014 in CFPB Case No. 140304-000750 states, we have forwarded Neil
Gillespies complaint information to the HUD to provide assistance. When can I expect
assistance from HUD, Secretary Donovan? A ruling J an-04, 2013 in Bennett v. Donovan held,
HUD itself has the capability to provide complete relief to the lenders and mortgagors alike,
which eliminates the uncertainty of third-party action that would otherwise block standing.
I am one of three (3) original borrowers, along with my deceased mother Penelope Gillespie, and
brother Mark Gillespie, on a Home Equity Conversion Mortgage (HECM) in foreclosure. The
Plaintiff Reverse Mortgage Solutions (RMS) alleges the death of Penelope Gillespie September
16, 2009 is grounds to accelerate the debt. But I am a surviving borrower living in the home.
Enclosed is my Motion to Reconsider, Vacate or Modify Order, Appeal No. 13-11585-B, US
Eleventh Circuit Court of Appeals. The Courts Order J uly 25, 2013 that states in relevant part:
"Should Gillespie wish to petition for mandamus relief, he may file a separate petition for a
writ of mandamus or prohibition with this Court. See 28 U.S.C. 1651; Fed.R.App.P.21".
I request HUD grant relief as allowed in Bennett v. Donovan for the issues in my motion.
HUD contends Penelope Gillespie is the only borrower, but unfortunately she lacked capacity to
make a HECM due to Alzheimers dementia, and immediate cause of death. A New York court
voided a reverse mortgage for borrowers incapacity. Matter of Doar (Brunson) 2009 NY Slip
Op 29549 [28 Misc 3d 759]. Therefore HUD should void the mortgage because the mortgagee
had knowledge of the mortgagors incapacity and was not a bonefide mortgage for value.
HUD is free to take any action or no action. I believe the issues in my Motion to Reconsider,
Vacate or Modify Order will state a cause of action and ultimately prevail.
Shaun Donovan, Secretary May 28, 2014
U.S. Department of Housing and Urban Development (HUD) Page -2
A ruling in Santos rejected definition of borrower as only natural persons acting individually.
Isabel Santos, individually & trustee, et al. v RMS, 12-3296-SC, USDC, ND Cal.
The district courts Order Remanding Case (Doc. 19) holds on page 4, footnote 1,
This Order should not be interpreted as a ruling concerning whether, or to what extent, Mr.
Gillespie can sue HUD in a separate action. Rather, this Order is limited to whether the Court
has subject matter jurisdiction over the specific action that has been removed to this Court.
The US Supreme Court denied review Petition No. 13-7290. Denial is not a judgment on the merits.
In CFPB Case No. 120914-000082, Bank of America Customer Advocate Christopher Pickle
perpetrated a fraud on the CFPB with this false information: 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. This falsehood was then
wrongly incorporated into the CFPB closeout letter, copy enclosed.
Apparently the Consumer Financial Protection Bureau does not know that privacy laws do not
protect the privacy of dead people. Dead people do not have privacy rights. Privacy rights are
personal and die with the individual. Nestor v. Posner-Gerstenhaber, 857 So. 2d 953 (Fla. Dist.
Ct. App. 3d Dist. 2003), review denied, 869 So. 2d 540 (Fla. 2004).
Apparently U.S. Senator Marco Rubio does not know that privacy laws do not protect the
privacy of dead people either. Enclosed letters from Bank of Americas Anthony Boney dated
March 12, 2014 and March 19, 2014 to Sen. Rubio also wrongly invoke privacy for the dead.
[E]even where a private confidentiality agreement is otherwise proper, it will not be enforced
where its effect becomes obstructive of the rights of non-parties. See, e.g., Nestor v. Posner-
Gerstenhaber, 857 So. 2d 953, 955 (Fla. 3rd DCA 2003); Scott v. Nelson, 697 So. 2d 1300, 1301
(Fla. 1st DCA 1997). Quoted by the Court in Tardif, Trustee (J ason Yerk) v. PETA, USDC, SD
Fla. Fort Myers Div. Case No. 2:09-cv-537-FtM-29SPC
HUD has not adequately responded to FOIA Request 14-FI-RO6-01365, see enclosed my letter
to Bill Tolbert/FOIA Liaison. Felicia J ones is n/a. When can I expect to receive all the records?
Thank you in advance for the courtesy of a response.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop Telephone: 352-854-7807
Ocala, Florida 34481 Email: neilgillespie@mfi.net Enclosures
7280
The Florida Bar
www.floridabar.org
Oath of Admission to The Florida Bar
The general principles which should ever control the lawyer in the practice of the legal profession are
clearly set forth in the following oath of admission to the Bar, which the lawyer is sworn on admission to
obey and for the willful violation to which disbarment may be had.
"I do solemnly swear:
"I will support the Constitution of the United States and the Constitution of the State of Florida;
"I will maintain the respect due to courts of justice and judicial officers;
"I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any
defense except such as I believe to be honestly debatable under the law of the land;
"I will employ for the purpose of maintaining the causes confided to me such means only as are
consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false
statement of fact or law;
"I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no
compensation in connection with their business except from them or with their knowledge and
approval;
"To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but
also in all written and oral communications;
"I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation
of a party or witness, unless required by the justice of the cause with which I am charged;
"I will never reject, from any consideration personal to myself, the cause of the defenseless or
oppressed, or delay anyone's cause for lucre or malice. So help me God."
(NOTE: This form may NOT be used for admission purposes. You must obtain the official form from the
Florida Board of Bar Examiners for admission.)
[Revised: 06-25-2013]
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Creed of Professionalism Creed of Professionalism Creed of Professionalism Creed of Professionalism Creed of Professionalism
I reverethelaw, thejudicial system, and thelegal profession and will at all times in my
professional and privatelives uphold thedignity and esteemof each.
I will further my professions devotion to public serviceand to thepublic good.
I will strictly adhereto thespirit as well as theletter of my professions codeof ethics, to the
extent that thelaw permits and will at all times beguided by a fundamental senseof honor,
integrity, and fair play.
I will not knowingly misstate, distort, or improperly exaggerateany fact or opinion and will
not improperly permit my silenceor inaction to mislead anyone.
I will conduct myself to assurethejust, speedy and inexpensivedetermination of every action
and resolution of every controversy.
I will abstain fromall rude, disruptive, disrespectful, and abusivebehavior and will at all
times act with dignity, decency, and courtesy.
I will respect thetimeand commitments of others.
I will bediligent and punctual in communicating with others and in fulfilling commitments.
I will exerciseindependent judgment and will not begoverned by a clients ill will or deceit.
My word is my bond.