Appellant's Motion To Strike Appellee's Reply, Case No 5D19-3479

Filing # 106738768 E-Filed 04/27/2020 02:26:52 PM
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT
NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-

TRUSTEES OF THE GILLESPIE FAMILY LIVING
TRUST AGREEMENT DATED FEBRUARY 10, 1997,
Appellant,
v. CASE NO. 5D19-3479

L.T. 2013-CA-00115
REVERSE MORTGAGE SOLUTIONS, INC. AND

OAK RUN HOMEOWNERS ASSOCIATION, INC.,
Appellee.
________________________/
APPELLANT’S MOTION TO STRIKE APPELLEE’S “REPLY”
Appellant Neil J. Gillespie, age 64 and suffering the infirmaries of aging, an
indigent nonlawyer, 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, here in the
first person, and files APPELLANT’S MOTION TO STRIKE APPELLEE’S “REPLY”:
1. On April 21, 2020, this Court entered an Order that appears at Exhibit 1 and
states as follows:
“ORDERED that Appellees shall file a Response, within ten (10) days of the
date hereof, to Appellant, Neil J. Gillespie’s Motion to Strike, filed April 20,
2020.”
2. There are at least two issues with this order. First, the Order wrongly states
that my Motion to Strike was filed on April 20, 2020. The Order is wrong. My
Motion to Strike was filed on April 18, 2020. The Florida Courts E-Filing Portal
Reference Number 106419192 appears at Exhibit 2 and states in part:
“This email verifies the processing of your MOTION Motion to Strike by the
Office of the Clerk, Fifth District Court of Appeal.”
“Filing Date/Time: 04/18/2020 10:37:09 PM.”
3. Second, the Order states “Appellees shall file a Response”. Instead, Mr.
Wilson filed a “Reply”. Mr. Wilson’s is still confused about the firm representing
the Appellee, REVERSE MORTGAGE SOLUTIONS, INC., and his employer.
• Mr. Wilson’s Notice of Appearance, filed December 9, 2019, claims

“MCCALLA RAYMER LEIBERT PIERCE, LLC” represents the Appellee.
• Mr. Wilson’s Answer Brief, with no filing date contrary to Rule 9.210(b)(7),
claims “McCalla Raymer, LLC” represents the Appellee.
• Now Mr. Wilson’s Certificate of Service to his self-styled “reply” claims

“McCalla Raymer Pierce, LLC” represents the Appellee.
4. Some folks might say this is much ado about nothing. So what if the Court’s
Order cites a wrong date? Who cares if the Appellee’s lawyer is careless with his
law firm’s name? State courts are notoriously slack, some might say. And that is
the point. Constitutional due process requires residential home foreclosure proceed
lawfully; and not as a sloppy fraud upon the court dictated by a foreclosure mill.
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TABLE OF CONTENTS
Page 3 This Court Does Not have Jurisdiction Over the Foreclosure/Appeal
Determination by the Florida Attorney General
Page 4 Mr. Wilson’s Sham Argument Solely for Purpose of Delay/Confusion
• Bennett v. Donovan 11-5288, D.C. Circuit Court of Appeal
• U.S. Bankruptcy Court, Case 5:19-CV-585-OC-34 (Appeal)
• U.S. Bankruptcy Court, Adversary Proceeding 3:20-ap-00004
Page 8 Open claim in Dietech Holdings/RMS Bankruptcy 19-10412
Page 9 answers@hud.gov and the HUD Mortgagee Letter 2020-04
Page 10 The Florida Bar v. Danielle Nicole Parsons No. 2014-30,525 (9A)
Page 11 Mr. Wilson/Judge Craggs Violation of Fla. Stat. § 817.568(8)(a)
Criminal use of personal identification information, etc., etc.
Page 15 The People’s Bar, an unincorporated assn., Art. I, Sec. 2, Fla. Const.
This Court DOES NOT have Jurisdiction Over the Foreclosure and this Appeal
5. Mr. Wilson knows, or should know, the Florida Attorney General is the
statewide elected official directed by the Florida Constitution to serve as the chief
legal officer for the State of Florida. Art. IV, Sec. 4(B), Fla. Const.
6. Mr. Wilson knows, or should know, Pamela Jo Bondi was the Florida
Attorney General from January 4, 2011 to January 8, 2019. (“Pam Bondi”)
7. Mr. Wilson knows, or should know, that on or about January 21, 2016, I
made a public records request to Attorney General Pam Bondi (Exhibit 3) to:
“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:”
8. Mr. Wilson knows, or should know, that Leslie Jacobs responded January
26, 2016 on behalf of Attorney General Bondi, see Exhibit 4 that states in part:
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“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:
https://www.hud.gov/program_offices/housing/sfh/hecm/rmtopten”
9. Therefore, Mr. Wilson knows, or should know, that Fla. Stat. 26.01, 34.01
(2013) does not apply to a federal HECM reverse mortgage because the above
correspondence with Attorney General Bondi is in the trial court record.
Mr. Wilson’s Sham Argument Solely for the Purpose of Delay and Confusion
10. Mr. Wilson misrepresented my attempt to remove this case to federal court:
It should be noted that Appellant attempted to remove this case to Federal

Court in the past and was found wanton for jurisdiction. Further, an
argument against the jurisdiction of this Court is not grounds for a Motion to
Strike when Appellant chose to invoke the jurisdiction of this Court by filing
the Notice of Appeal. This argument is a sham argument, solely for the
purpose of delay and to create confusion of the Court record.
11. Mr. Wilson knows, or should know, that I filed chapter 13 bankruptcy,
which is currently on appeal in the U.S. Bankruptcy Court for the Middle District
of Florida (5:19-CV-585-OC-34), and that I filed an Adversary Proceeding over
misconduct by U.S. Judge William Terrell Hodges (3:20-ap-00004-JAF) because
Hodges was then and is now a shareholder in Bank of America, NA, and refused to
recuse himself for a conflict of interest with our lender, Bank of America, NA.
(Filed and dismissed after the fact, to be reinstated when my appeal is granted).
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12. My Adversary Proceeding No. 3:20-ap-00004-JAF against Judge Hodges
accompany this motion as Appendix A, and state in part:
DEBTOR’S RULE 7001 ADVERSARY PROCEEDING

Nunc Pro Tunc September 21, 2019
1. I am the Debtor Neil Gillespie, a.k.a. Neil J. Gillespie, and/or Neil Joseph Gillespie.
2. This case was commenced by the filing of a bankruptcy petition on March 8, 2019.
3. Pursuant to FRBP, Rule 7001, I file this complaint seeking the following relief:
Rule 7001(1) Recover money or property.
Rule 7001(2) Determine the validity, priority, or extent of a lien or other interest in
property.
Rule 7001(7) Obtain an injunction or other equitable relief
Rule 7001(9) Obtain a declaratory judgment relating to any of the foregoing in points 1
through 8, here Rule 7001(2) Determine the validity, priority, or extent of a lien or
other interest in property.
Rule 7001(10) Determine a claim or cause of action removed pursuant to 28 USC
§1452 [removal of claims related to bankruptcy cases].
4. On September 21, 2019, Creditor Reverse Mortgage Solutions, Inc. (RMS) by and
through counsel McCalla Raymer Leibert Pierce, LLC, withdrew the Proof of Claim 5-1
filed on May 17, 2019, see DOC-171 appearing at Exhibit 1.
5. RMS Proof of Claim 5-1 sought $185,966.75 secured by my Florida residential

homestead, 8092 SW 115th Loop, Ocala, FL 34481, by and through a federal HECM
reverse mortgage. (“reverse” 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. The record
shows substantial violations of the HECM rules by the HUD-approved lender and lender
parties. HUD is a Cabinet department in the Executive branch of the United States
federal government. Currently Ben Carson is HUD’s Secretary.
6. The subject reverse mortgage was contested August 9, 2012 by my complaint to HUD
as provided by the HECM Reverse Mortgage Handbook 7610.01, Section 4-19. HUD
referred my complaint to the Consumer Financial Protection Bureau (CFPB), the federal
agency that holds primary responsibility for regulating consumer protection regarding
financial products and services in the United States. The CFBP opened its investigation
January 4, 2013 designated as CFPB Complaint No. 120914-000082.
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7. The CFBP is an independent unit located inside and funded by the United States
Federal Reserve, with interim affiliation with the U.S. Treasury Department. Although an
instrument of the US Government, the Federal Reserve System considers itself "an
independent central bank because its monetary policy decisions do not have to be
approved by the President or anyone else in the executive or legislative branches of
government, and it does not receive funding appropriated by Congress.
8. The D.C. Circuit Court of Appeal Opinion held in Bennett v. Donovan 11-5288 that
“[H]UD 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.” assuming an unlawful regulation. This Opinion in Bennett v. Donovan is
constant with 12 U.S.C. § 1715-z20(h), The Secretary has administrative authority, and is
consistent with the HUD Complaint process that I initiated on August 9, 2012 under the
HUD Reverse Mortgage Handbook 7610.01, Section 4-19.
9. Creditor Reverse Mortgage Solutions, Inc. (RMS) usurped federal authority on January
9, 2013 when it filed its foreclosure complaint in Marion County Florida, RMS v.
Gillespie et al, Case No. 2013-ca-00115.
HUD Complaint / Reverse Mortgage Handbook 7610.01, Section 4-19. August 9, 2012;
CFPB Complaint No. 120914-000082, January 3, 2013.
The above federal complaints were active when I removed RMS v. Gillespie et al, Case
No. 2013-ca-00115 to the U.S. District Court. Middle District of Florida, Ocala Division,
designated as 5:13-cv-58-Oc-WTH-PRL, U.S. Judge William Terrell Hodges (senior
status) presiding.
10. Therefore, neither federal nor state (Florida) courts have jurisdiction over a contested
federal HECM reverse mortgage while federal complaints are active in the executive
branch.
11. When I removed the case to federal court (5:13-cv-58-Oc-WTH-PRL) on February 4,

2013 my view was not as developed as it is today, but one thing was certain: U.S. Judge
William Terrell Hodges, a shareholder in Bank of America, N.A., had a conflict of
interest in this case, but refused to recuse himself. See my motion to disqualify Judge
Hodges contained within:
DOC 18, OBJECTIONS TO MAGISTRATE JUDGE PHILIP R. LAMMENS’
REPORT AND RECOMMENDATION (Submitted as a Separate Appendix)
And Judge Hodges refusal to recuse, see,
DOC 19, ORDER REMANDING CASE
Judge Hodges wrote on page 6 of “Order Remanding Case”:
Mr. Gillespie seeks the undersigned’s recusal on the basis that I have a financial
interest in Bank of America, which Mr. Gillespie contends is the real party in interest in
this case. However, Bank of America is not listed as a party, and the evidence
submitted by Mr. Gillespie, which consists of correspondence between Mr. Gillespie
6
and Bank of America in which Mr. Gillespie is requesting information about various
accounts, does not appear to have anything to do with this case.
Tellingly, Judge Hodges does not mention my complaint before the CFPB, or the fact
that a CFPB letter identified Bank of America as subject of the reverse mortgage dispute,
see Exhibit 3, Case 5:13-cv-00058-WTH-PRL Document 18-1 Filed 03/06/13 Page 2 of
29 PageID 694 Judge Hodges engaged in “interposition and nullification” regarding the
CFPB, and denied my constitutional right to due process under the Fifth Amendment.
13. My complaint to Bank of America appears as a separate appendix, see my letter dated
September 15, 2016, addressed to:
Gary G. Lynch, Vice Chairman Gary G. Lynch, Vice Chairman

Bank of America Corporate Center Bank of America Corporation
100 North Tryon Street One Bryant Park, 115 West 42nd Street
Charlotte, NC 28255 New York, New York 10036
VIA UPS No. 1Z64589FNW92116132 VIA UPS No. 1Z64589FNW91448946
14. I demand a trial by jury on all issues. Amendment Seven, U.S. Constitution.
WHEREFORE, the Debtor respectfully requests that the Court commence DEBTOR’S
RULE 7001 ADVERSARY PROCEEDING Nunc Pro Tunc September 21, 2019, and
Grant any other such relief as the Court determines just and proper, including attorneys'
fees for bringing this objection.
RESPECTFULLY SUBMITTED: January 8, 2020 Nunc Pro Tunc July 22, 2019.
Neil J. Gillespie, Debtor Pro Se

8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
13. LINDSEY SAVASTANO, ESQ. of FRENKEL LAMBERT WEISS
WEISMAN & GORDON, LLP filed a Notice of Appearance for in Adv. Pro. No.
3:20-ap-00004-JAF on February 10, 2020 to represent Defendants Bank of
America, N.A. and U.S. Judge William Terrell Hodges, and BofA Shareholder.
Exhibit 5 and Case 3:20-ap-00004-JAF Doc 4 Filed 02/10/20 Page 1 of 3
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Open claim in Dietech Holdings/RMS Bankruptcy 19-10412
14. On February 11m 2019 Appellee Reverse Mortgage Solutions, Inc. (RMS)
entered chapter 11 bankruptcy, see 1:19-bk-10422 New York Southern Bankruptcy
Court. RMS was owned by Ditech Holding Corporation, which was also in chapter
11 bankruptcy, see 1:19-bk-10412 New York Southern Bankruptcy Court. Both
cases were jointly administered in 1:19-bk-10412. I timely filed a Notice of Claim
in the RMS Bankruptcy, Official Form 410, Claim Number 0000021130. The
following violations of criminal law were also submitted:
Feb-11-2018, violation 18 U.S.C. § 371 RMS/MRLP charged excessive fees

Jun-20-2019, violation FS 812.014(1); 812.014(2)(a)1 Grand Theft
Jun-11-2019, violation FS § 817.568(8)(a) by Judge Craggs et al.
Jul-29-2019, violation 18 U.S.C. § 371 Debbie Sims VP_RMS
15. A Consumer Representative Agreement was filed September 24, 2019,

19-10412-jlg Doc 1371 Filed 09/24/19 Entered 09/24/19 14:29:40 Main Document Pg 2 of 30
On or about October 1, 2019 RMS was sold to Mortgage Assets Management.
16. On December 20, 2019 Tara Twomey contacted me (Exhibit 6), Claims
Trustee/Consumer Rep, Ditech Holding Corp Consumer, Creditor Recovery Trust:
Dear Mr. Gillespie,

Thank you for your email and the attached documents. We are currently in the process of
reviewing over 4,000 claims filed in the Ditech/RMS bankruptcy. At this point in the
process we are reaching out to borrowers to obtain additional information regarding their
claims. When we complete this process, likely sometime in January, we will begin our
substantive review of the claims.
As we review your claim, if we have additional questions, we will reach out to you. If
your preferred form of communication is not email, please advise. If you have additional
questions, let me know
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answers@hud.gov and the HUD Mortgagee Letter 2020-04
17. There is no need to rely upon Mr. Wilson’s self-serving interpretation of the
HUD Mortgagee Letter 2020-04. On April 25, 2020 I emailed HUD (Exhibit 7):
Dr. Ben Carson, Secretary

U.S. Department of Housing and Urban Development (HUD)
answers@hud.gov
Dear Dr. Carson and HUD:
My Florida residential homestead is in foreclosure on a HECM reverse mortgages. So far

the services and foreclosing plaintiff, Reverse Mortgage Solutions, Inc. (RMS), by and
through counsel, McCalla Raymer Leibert Pierce LLC (MRLP), said that HUD
Mortgagee Letter 2020-04 for a 60 day Foreclosure and Eviction Moratorium does not
apply to my HECM reverse mortgage for several reasons. First, they said my HECM is
already foreclosed upon and the outstanding appeals are not covered by the Foreclosure
and Eviction Moratorium.
Currently there are two open appeals in the Florida Fifth Judicial Circuit (5D2019-3479
and 5D2020-383), an appeal in US Bankruptcy Court for the Middle District of Florida
(5.19-CV-585-OC-34), an Adversary Proceeding over misconduct by US Judge William
Terrell Hodges (320-ap-00004-JAF) because Hodges was then and is now a shareholder
in Bank of America, NA, and refused to recuse himself for a conflict of interest with our
lender, Bank of America, NA. (Dismissed after the fact, to be reinstated when my appeal
is granted). Pages 1-48 of my AP complaint are attached. Finally, I have an open claim in
the DIETECH HOLDINGS/RMS BANKRUPTCY 19-10412 (JLG).
The lawyers involved are Neisi Garcia Ramirez, Esq. and Curtis Alan Wilson, Esq. for
MRLP/RMS. Mr. Wilson contends in court filings that HUD has absolutely no authority
whatsoever to tell a Florida court how to conduct a foreclosure, apparently because HUD
is in the executive branch of government, and the courts are in the judicial branch. The
Florida Supreme Court appears to also hold this position. Clerk John Tomasino emailed
me that the Florida Supreme Court will not advise the Florida lower courts about the
Mortgagee Letter 2020-04 for a 60 day Foreclosure and Eviction Moratorium.
All of this begs the question in my seven year foreclosure battle. (RMS v Gillespie et al,
2013-CA-115, Marion County Florida). My HECM is void or voidable for a number of
reasons, including borrower incompetence of my mother, borrower Penelope Gillespie,
who had Alzheimer’s disease and died September 16, 2009. Before my HECM was
foreclosed upon, I contested the subject reverse mortgage August 9, 2012 by my
complaint to HUD as provided by the HECM Reverse Mortgage Handbook 7610.01,
Section 4-19.
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HUD referred my complaint to the Consumer Financial Protection Bureau (CFPB), the
federal agency that holds primary responsibility for regulating consumer protection
regarding financial products and services in the United States. The CFBP opened its
investigation January 4, 2013 designated as CFPB Complaint No. 120914-000082. The
CFPB claimed I was not authorized as a contact person by my deceased mother. Turns
out, that is false. My mother designated me as a contact person on the HECM loan
application, see my affidavit attached. Reverse Mortgage Solutions filed its foreclosure
case on January 9, 2013, long after my HUD complaint, and 5 days after the CFPB
opened Complaint No. 120914-000082.
In my view, the judiciary robbed HUD, and me, of due process.

Thank you.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
18. HUD provided an acknowledgment April 25, 2020 at 6:54 PM (Exhibit 8):
From: "DoNotReplyFHA" <DoNotReplyFHA@hud.gov>

To: "Neil Gillespie" <neilgillespie@mfi.net>
Sent: Saturday, April 25, 2020 6:54 PM
Subject: Thank you for contacting the FHA Resource Center, Mortgagee
Letter 2020-04 for a 60 day Foreclosure and Eviction Moratorium
Thank you for contacting the FHA Resource Center,

Your email has been received and we are currently reviewing your request.
Please allow up to 2 business days to receive a response to your inquiry.
Your reference number is CAS-8420354-Y4M1L8. Please use this number
for future reference.
The Florida Bar v. Danielle Nicole Parsons File No. 2014-30,525 (9A)
19. This case should have ended in 48 days, on February 26, 2013, with a Rule
55 Default Judgment in my favor after this case was removed February 4, 2013 to
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U.S. District Court, Ocala Division, Middle District Florida, No. 5:13-cv-00058-
WTH-PRL, but for misconduct between federal judicial officers,
U.S. Judge William Terrell Hodges

U.S. Magistrate Judge Philip Lammens
and Plaintiff’s counsel Danielle Nicole Parsons, Bar ID: 29364, and paralegal.
20. The Florida Bar failed to competently complete its inquiry in Danielle
Nicole Parsons, The Florida Bar File No. 2014-30,525 (9A). As I recall the file
exceeds 2,000 pages and is in the lower court record.
Mr. Wilson/Judge Craggs Violation of Fla. Stat. § 817.568(8)(a) Criminal use of

personal identification information, etc., etc.
21. On or about June 13, 2019 I personally met with Marion County Sheriff’s
Office Lt. Charles Welch, the South-Marion District Commander, at 8:00 AM in
his office at 9048 SW State Rd. 200, Ocala, FL 34481 to request criminal charges
against Judge Ann Melenda Craggs for violation of Fla. Stat. § 817.568(8)(a)
Criminal use of personal identification information; and related crimes
together with Curtis Wilson, Esq., in the wrongful foreclosure of my Fla.
residential homestead. My written request to the MCSO appears at Exhibit 9.
MCSO Deputy Hunter McMurray, badge 6015, attended the meeting.
22. Judge Craggs and Mr. Wilson violated Fla. Stat. § 817.568(8)(a) Criminal
use of personal identification information, used as trial evidence in the foreclosure.
Fla. Stat. § 817.568(8)(a) states:
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(8)(a) Any person who willfully and fraudulently uses, or possesses with
intent to fraudulently use, personal identification information concerning a
deceased individual or dissolved business entity commits the offense of
fraudulent use or possession with intent to use personal identification
information of a deceased individual or dissolved business entity, a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
23. My mother, Penelope Gillespie, died on September 16, 2009. RMS alleged
so in paragraph 5 of its Verified Complaint To Foreclose Home Equity Conversion
Mortgage. Penelope Gillespie was dead on July 18, 2017 when Mr. Wilson
submitted trial evidence in violation of § 817.568(8)(a),
Notice of Default and Intent to Foreclose

Date Admitted As Evidence: 07/18/2017
Evidence ID: PL-4
because the Notice of Default and Intent to Foreclose is dated June 8, 2012 to
“Penelope Gillespie” and “Dear Penelope Gillespie”. The Evidence List appears at
Exhibit 1. The Notice of Default and Intent to Foreclose appears at Exhibit 2 and is
signed by Judge Craggs.
24. The Notice of Default and Intent to Foreclose does not inform “Penelope
Gillespie” because she died on September 16, 2009. A deceased person cannot own
property, or respond to this notice. This notice is defective.
25. A HECM foreclosure must commence within 6 months. 24 C.F.R. §
206.125(d)(1). Borrower Penelope Gillespie died September 16, 2009. The
Plaintiff did not commence this foreclosure until January 9, 2013.
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26. Because the Plaintiff missed the time to bring a foreclosure, it has relied on
false documents showing Penelope Gillespie is still alive, including its notice of
foreclosure, and routine correspondence addressed to “Penelope Gillespie”.
27. The Plaintiff’s (RMS) envelope to the NOTICE OF DEFAULT AND
INTENT TO FORECLOSE (Exhibit 2) shows different names for U.S. Postal
Service Certified Mail, and is therefore fraudulent, because the Notice begins,
“Dear Penelope Gillespie:” and not,
“Dear Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie

Family Living Trust Agreement dated February 10, 1997”
In fact the trust is not mentioned at all. Mark Gillespie was not provided a Notice
of Default at his home in Fort Worth, Texas.
28. Therefore service on Neil J. Gillespie and Mark Gillespie, is fatally flawed.
The Trust was not sued. Penelope Gillespie was not sued. The Estate of Penelope
Gillespie was not sued.
29. On information and belief, the Plaintiff sued the wrong party in suing “Neil J.
Gillespie and Mark Gillespie as Co-Trustee of the Gillespie Family Living Trust
Agreement Dated February 10, 1997”, see the Foreclosure Benchbook 2013
“Parties to the Foreclosure Action”, “Necessary and Proper Defendants” page 16:
1. The owner of the fee simple title - only indispensable party defendant to
a foreclosure action. English v. Bankers Trust Co. of Calif., N.A., 895 So.
2d 1120, 1121 (Fla. 4th DCA 2005). Foreclosure is void if titleholder
omitted...
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30. The titleholder on January 9, 2013 when the case was filed was the
“Gillespie Family Living Trust Agreement Dated February 10, 1997”. The Plaintiff
failed to sue the only indispensable party. Therefore, the foreclosure is void. See
Filing # 83954243 E-Filed 01/27/2019 11:53:01 PM
31. Judge Craggs and Mr. Wilson violated related laws, such as, (See Exhibit 9)
• F.S. § 837.06 False official statements

• F.S. § 838.022 Official misconduct
• F.S. § 839.13 Falsifying records
• Chapter 825, Abuse, Neglect, And Exploitation Of Elderly Persons and
Disabled Adults. I am an elderly person [825.101(4)] and a disabled adult
as defined by Chapter 825.
• Judge Craggs is a public officer who corruptly used her official position
as judge to secure a special benefit (corrupt foreclosure) for Mr. Wilson.
F.S. § 112.313(6) Misuse of Public Position, (6) MISUSE OF PUBLIC
POSITION
• Judge Craggs is a public servant as provided by the Fla. Const., Art. V,
who violated her Oath of Office, see Art. II, sec 5(b).
32. Lt. Welch said the MCSO will not investigate or refer for prosecution crimes
committed by lawyers and/or judges if committed during the course of their
professional practice. I reminded Lt. Welch that 817.568(8)(a) pertains to “Any
person” and that includes lawyers and/or judges whether or not in their personal or
professional life. Lt. Welch disagreed; he referred me to the FDLE and/or the FBI.
33. “Basic rights.—All natural persons, female and male alike, are equal before
the law...” Art I, sec. 2, Fla. Const. Lawyers and judges are “natural persons” and
14
equal before the law, including 817.568(8)(a) that Lt. Welch refused to enforce,
and pertains to “Any person” - including lawyers and judges.
The People’s Bar, an unincorporated assn., Art. I, Sec. 2, Fla. Const.
34. Appellant’s Responses to Notice of Appellant Responsibilities appears at
paragraph 5, page 2, DOC-205 Case 3:19-bk-00808-JAF, US Bankruptcy Court,
and here at Exhibit 10, and states in relevant part:
5. This chapter 13 bankruptcy has been compromised by a number of issues:
a. The unconstitutional HECM reverse mortgage program;
b. The wrongful foreclosure of my home on a HECM reverse mortgage by the

foreclosing plaintiff, Reverse Mortgage Solutions, Inc.;
c. Violation of criminal law by the foreclosing plaintiff, Reverse Mortgage Solutions,

Inc., and its counsel, n.k.a. McCalla Raymer Leibert Pierce, LLC.;
d. The contemporaneous 2019 Chapter 11 Bankruptcy of Ditech Holding Corporation,

parent company of the foreclosing plaintiff, Reverse Mortgage Solutions, Inc.
e. Corruption by The Florida Bar (a private lawyers guild, an unincorporated association,

and a unified bar association) of the US legal system, including the US Supreme Court*
and all inferior federal and state courts, the US Department of Justice, and US Trustee.
*An exception is Justice Thomas who granted the Appellant’s applications to

extend time on three separate occasions.
Ultimately this is the result of lawyer-judges (the US does not have professional judges)
and lawyers who are members of unified bar associations (about 75 percent; undermining
the lawyer's independent exercise of professional judgment, from the client and the
interest of justice, to serving the bar to keep his/her bar card, the license to practice) as
members of the judicial branch of government, who usurp the constitutional separation of
powers, and enter the legislative branch (congress) and the executive branch (president,
DOJ). In Marion County Florida, the Marion County Bar Association, Inc. undermines
the rule of law by, inter alia, rigging cases (or suggesting outcomes) and bribing lawyer-
judges with food, entertainment, and promised rigged public elections (by and through
the assurance of no opponents), and other bar-bench schemes concocted at the exclusive
and private Golden Ocala Golf and Equestrian Club in Ocala, Florida and elsewhere.
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35. Therefore, a “People’s Bar”, is needed, perhaps modeled after The Florida
Bar as an unincorporated association, because under Art. I, Sec. 1, Fla. Const.:
SECTION 1. Political power.—All political power is inherent in the people.

The enunciation herein of certain rights shall not be construed to deny or
impair others retained by the people.
WHEREFORE, I move this Court to strike the Appellees “Reply”, and create a
timetable for my Reply Brief in this appeal 5D19-3479, and in 5D20-0383.
RESPECTFULLY SUBMITTED April 27, 2020.
Neil J. Gillespie
8092 SW 115th Loop
Tel. 352-854-7807
Certificate of Service attached; additional service on the Portal April 27, 2020 to:
Chief Frank Talbot, DOJ-MDFL Deputy Chief Kelly S. Karase

Assistant U.S. Attorney Jacksonville Division
U.S. Attorney's Office kelly.karase@usdoj.gov
300 N. Hogan Street, Suite 700
Jacksonville, FL 32202 U.S. Department of Justice
frank.m.talbot@usdoj.gov Civil Rights Division, MDFL
USAFLM.Civil.Rights@usdoj.gov
Honorable John Anthony Tomasino, Clerk
Supreme Court of Florida
500 South Duval Street
Tallahassee, FL, 32399-1925
Email: tomasino@flcourts.org
16
CERTIFICATE OF SERVICE
I HEREBY CERTIFY the names below were served by email on the Portal and/or
by U.S. mail, or by UPS, today April 27, 2020 or as soon thereafter as possible.
Eric Knopp, Esq.

Kahane & Associates, P.A.
8201 Peters Rd Ste 3000
Plantation, FL 33324
Email: eknopp@kahaneandassociates.com;
Email: notice@kahaneandassociates.com
McCalla Raymer Leibert Pierce, LLC

Curtis Alan Wilson, Esq., Attorney for Plaintiff
225 E. Robinson St., #155, Orlando, FL 32801
Email: MRService@mrpllc.com
Email: MRService@mccalla.com
Colleen Murphy Davis, Asst. U.S. Attorney

United States Attorney’s Office, HUD Counsel
Secretary, U.S. Dept. Housing/Urban Development
N. Tampa Street, Suite 3200
Tampa, FL 33602
Email: USAFLM.HUD@usdoj.gov
Email: Michalene.Y.Rowells@hud.gov
Justin R. Infurna, Esq., LL.M

The Infurna Law Firm, P.A.
121 South Orange Ave., Ste. 1500
Orlando, Florida 32801
Email: info@infurnalaw.com
Email: legalweb@infurnalaw.com
Attorney for Defendants Mark Gillespie, Joetta Gillespie, Elizabeth Bauerle, Scott
Bidgood.
Oak Run Homeowners Association, Inc. (ORHA)

Registered Agents Inc., Registered Agent
7901 4TH STREET NORTH, SUITE 300, ST.PETERSBURG, FL 33702
Email For Service of Court Documents: orha99board@gmail.com
CERTIFICATE OF SERVICE - PAGE 2
Development & Construction Corporation

of America (DECCA)
Priya Ghumman, Registered Agent
8825 SW 110TH STREET
OCALA, FL 34481
Email: pghumman@deccahomes.com
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living
Trust Agreement dated February 10, 1997; Referred to the Court for appointment
of counsel ad litem: Judge Ann Melinda Craggs, Marion County Judicial Center,
110 NW 1st Ave, Ocala, FL 34475-6601, Email: amcraggs@circuit5.org
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement

dated February 10, 1997; Referred to the Court for appointment of counsel ad
litem: Judge Ann Melinda Craggs, Marion County Judicial Center, 110 NW 1st
Ave, Ocala, FL 34475-6601, Email: amcraggs@circuit5.org
SUBMITTED AND CERTIFIED APRIL27, 2020 BY:

Neil J. Gillespie, Appellant, nonlawyer, pro se
8092 SW 115th Loop
Ocala, FL 34481
Tel: 352-854-7807
Neil J. Gillespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NEIL J. GILLESPIE AND

MARK GILLESPIE AS CO-
TRUSTEES OF THE
GILLESPIE FAMILY LIVING
TRUST AGREEMENT
DATED FEBRUARY 10,
1997,
Appellants,
v. CASE NO. 5D19-3479
REVERSE MORTGAGE
SOLUTIONS, INC. AND
OAK RUN HOMEOWNERS
ASSOCIATION, INC.,
Appellees.
________________________/
DATE: April 21, 2020
BY ORDER OF THE COURT:
ORDERED that Appellees shall file a Response, within ten (10) days of
the date hereof, to Appellant, Neil J. Gillespie’s Motion to Strike, filed April 20, 2020.
I hereby certify that the foregoing is

(a true copy of) the original Court order.
cc:
Curtis A. Wilson Justin R. Infurna Lisa Woodburn
Neil J. Gillespie Oak Run Homeowners
Association, Inc.
1
Page 1 of 2
Neil Gillespie
From: <noreply@myflcourtaccess.com>
Sent: Monday, April 20, 2020 8:26 AM
Subject: Filing 106419192 Processed - Appellate Courts
Dear Neil J. Gillespie:
All electronic filers are obligated to register as eDCA users and are
responsible for ensuring their email addresses are current in their eDCA
accounts. The five District Courts of Appeal use eDCA to serve all
acknowledgment letters, orders, opinions, mandates, and other outgoing filings on
electronic filers through a link provided by eDCA Casemail. To register or update
your email address please visit eDCA through court’s website.
This email verifies the processing of your MOTION Motion to Strike by the Office of
the Clerk, Fifth District Court of Appeal.
Status: Docketed
Florida Courts E-Filing Portal Reference Number: 106419192
Filing Date/Time: 04/18/2020 10:37:09 PM
Case Number:
Case Name: NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES OF THE

GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10,
1997vs.REVERSE MORTGAGE SOLUTIONS, INC. AND OAK RUN HOMEOWNERS
ASSOCIATION, INC.
Documents
# Document Type Status Filing Date Not Docketed Reas
1 MOTION Motion to Strike Accepted 04/18/2020
Fees
# Description Amount
Subsequent Filing Fee - APPEAL $.00
1 REGARDING CIVIL MATTERS
Foreclosure
2 MOTION, Motion to Strike $.00
2
4/20/2020
Page 2 of 2
Memo:
This is a non-monitored email. If you have questions about this filing, please
contact the Office of the Clerk, Fifth District Court of Appeal, at (386) 947-1530.
Thank you,
Office of the Clerk
Fifth District Court of Appeal
4/20/2020
VIA Email: pam.bondi@myfloridalegal.com January 21, 2016
Attorney General Pam Bondi

Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050
Public Records Request. F.S. § 119.07(1)(c) All public records requests shall be acknowledged
promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.
Dear Attorney General Bondi:
As the statewide elected official directed by the Florida Constitution to serve as the chief
legal officer for the State of Florida (Exhibit 1):
1. Provide records showing jurisdiction of Florida courts over a disputed foreclosure of a

federal reverse mortgage, called a HECM, or Home Equity Conversion Mortgage:
A Home Equity Conversion Mortgage, or HECM, is a Federal Housing Administration (FHA)

“reverse” mortgage program administered by the Secretary, United States Department of
Housing and Urban Development (Secretary or HUD) to enable home owners over 62 years old
access the subject home's equity. 12 U.S.C. § 1715z20 et seq. and 24 C.F.R. Part 206.
A HECM does not require a homeowner to make mortgage payments as a conventional

mortgage does. Instead, a HECM does not become due and payable until the last surviving
homeowner dies or no longer lives in the home. 12 U.S.C. § 1715-z20(j) Safeguard to prevent
displacement of homeowner. The HECM becomes due and payable in full “if a mortgagor dies
and the property is not the principal residence of at least one surviving mortgagor....and no other
mortgagor retains title to the property.” 24 C.F.R. § 206.27(c).
2. On information and belief, when a substantial disputed issue of federal HECM law is a
necessary element of the foreclosing Plaintiff’s state law claim that a HECM is due and payable,
the U.S. district court has subject matter jurisdiction under 28 U.S.C. § 1331 and the U.S.
Constitution, Article III, Section 2 for “all cases, in law and equity, arising under this
Constitution, [and] the laws of the United States, and the Due Process Clause of the Fifth
Amendment and Fourteenth Amendment of the Constitution of the United States:
The Constitution states only one command twice. The Fifth Amendment says to the
federal government that no one shall be "deprived of life, liberty or property without due
process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven
words, called the Due Process Clause, to describe a legal obligation of all states. These
words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures. (Cornell Law LII)
http://www.law.cornell.edu/wex/due_process
3
Attorney General Pam Bondi January 21, 2016
Office of Attorney General Page - 2
State of Florida
PUBLIC RECORDS REQUEST
A property right can be created only by state law. Once a property right is established, the
determination of what process is due before that right can be deprived is a question answered by
the federal Constitution. Kingsford v. Salt Lake City Sch. Dist., 247 F.3d 1123 (10th Cir. 2001).
U.S. Judge Thomas W. Thrash, Jr. in Thompson-El v. Bank of America, 1:12-CV-840-

TWT, District Court, N.D. GA held in an Order entered December 12, 2012:
Federal question cases are those “arising under the Constitution, laws, or treaties of the
United States. 28 U.S.C. § 1331 A case “arises under” federal law “if federal law creates
the cause of action, or if a substantial disputed issue of federal law is a necessary element
of a state law claim.” Pacheco de Perez v. AT&T Co., 139 F.3d 1368, 1373 (11th Cir.
1998) (citing Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for S.
Cal., 463 U.S. 1, 13 (1983)).
Thank you for the courtesy of a response.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Tel. 352-854-7807
Cc: Leslie Jacobs, Email: Leslie.Jacobs@myfloridalegal.com
Enclosure
http://myfloridalegal.com/pages.nsf/Main/F06F66DA272F37C885256CCB0051916F
The Role and Function of the Attorney General

The Attorney General is the statewide elected official directed by the Florida Constitution to serve as the chief
legal officer for the State of Florida. The Attorney General is responsible for protecting Florida consumers
from various types of fraud and enforcing the state’s antitrust laws. Additionally, the Attorney General protects
her constituents in cases of Medicaid fraud, defends the state in civil litigation cases and represents the people
of Florida when criminals appeal their convictions in state and federal courts.
Within the Attorney General’s Office is the Office of Statewide Prosecution that targets widespread criminal
activities throughout Florida including identity theft, drug trafficking and gang activity. The Attorney
General's Office also conducts various programs to assist victims of crime.
The Attorney General defends the constitutionality of statutes duly enacted by the Legislature and is
authorized to issue formal legal opinions at the request of various public officials on questions relating to the
application of state law. The Office of the Attorney General houses the Florida Commission on the Status of
Women and the Council on the Social Status of Black Men and Boys. Also housed within the Attorney
General’s Office is the Office of Civil Rights, which investigates and takes legal action against violations of
Floridians’ civil rights.
The Attorney General serves as a member of the Florida Cabinet along with the Chief Financial Officer and
the Commissioner of Agriculture. As a Cabinet member, the Attorney General serves on the Clemency Board
and as a member of the various Cabinet boards and commissions that address state lands, state investments, and
rules pertaining to insurance and financial regulation. Also as a Cabinet member, the Attorney General serves,
collectively as agency head for the Departments of Highway Safety and Motor Vehicles, Law Enforcement,
Revenue and Veterans Affairs.
Frequently Asked Questions

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

- Fraud Hotline 1-866-966-7226
1
Page 1 of 2
Neil Gillespie
From: "Leslie Jacobs" <Leslie.Jacobs@myfloridalegal.com>

Sent: Tuesday, January 26, 2016 2:08 PM
Subject: Re: Fw: Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016
January 26, 2016
Mr. Neil J. Gillespie

8092 SW 115th Loop
Ocala, FL 34481
Via email neilgillespie@mfi.net
Dear Mr. Gillespie:
This will respond to your January 21, 2016 email in which, pursuant to Ch. 119, F.S., you make the
following request for public records:

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
Our Office does not have any documents responsive to your specific inquiry dated January 21, 2016
regarding Home Equity Conversion Mortgages (HECM). The HECM is the reverse mortgage program
run through the Federal Housing Authority. In furtherance of trying to assist you, additional information
about that federal program may be found at:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/hecm/rmtopten
Thank you for the opportunity to assist you in this matter.
Sincerely,
Leslie Jacobs
Public Records Coordinator
Office of the Attorney General
PL 01, The Capitol
(850) 245-0140(o)
(850) 487-2564 (f)
4
"Neil Gillespie" ---01/26/2016 12:08:55 PM---TO: Attorney General Pam Bondi: I do not have an
1/26/2016
Page 2 of 2
acknowledgment for this record request. cc: Leslie
From: "Neil Gillespie" <neilgillespie@mfi.net>

To: "Pam Bondi" <pam.bondi@myfloridalegal.com>, "Leslie Jacobs" <Leslie.Jacobs@myfloridalegal.com>
Cc: "Neil Gillespie" <neilgillespie@mfi.net>
Date: 01/26/2016 12:08 PM
Subject: Fw: Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016
TO: Attorney General Pam Bondi: I do not have an acknowledgment for this record request.
cc: Leslie Jacobs.
Public Records Request. F.S. Â§ 119.07(1)(c) All public records requests shall be acknowledged
----- 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
VIA Email: pam.bondi@myfloridalegal.com January 21, 2016
Attorney General Pam Bondi

Office of Attorney General
State of Florida
The Capitol PL-01
Public Records Request. F.S. § 119.07(1)(c) All public records requests shall be acknowledged
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):


access the subject home's equity. 12 U.S.C. § 1715z20 et seq. and 24 C.F.R. Part 206.

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
Attorney General Pam Bondi January 21, 2016
Office of Attorney General Page - 2
State of Florida
PUBLIC RECORDS REQUEST
A property right can be created only by state law. Once a property right is established, the
determination of what process is due before that right can be deprived is a question answered by
the federal Constitution. Kingsford v. Salt Lake City Sch. Dist., 247 F.3d 1123 (10th Cir. 2001).
U.S. Judge Thomas W. Thrash, Jr. in Thompson-El v. Bank of America, 1:12-CV-840-

TWT, District Court, N.D. GA held in an Order entered December 12, 2012:
Federal question cases are those “arising under the Constitution, laws, or treaties of the
United States. 28 U.S.C. § 1331 A case “arises under” federal law “if federal law creates
the cause of action, or if a substantial disputed issue of federal law is a necessary element
of a state law claim.” Pacheco de Perez v. AT&T Co., 139 F.3d 1368, 1373 (11th Cir.
1998) (citing Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for S.
Cal., 463 U.S. 1, 13 (1983)).
Thank you for the courtesy of a response.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Tel. 352-854-7807
Cc: Leslie Jacobs, Email: Leslie.Jacobs@myfloridalegal.com
Enclosure
http://myfloridalegal.com/pages.nsf/Main/F06F66DA272F37C885256CCB0051916F
The Role and Function of the Attorney General

The Attorney General is the statewide elected official directed by the Florida Constitution to serve as the chief
legal officer for the State of Florida. The Attorney General is responsible for protecting Florida consumers
from various types of fraud and enforcing the state’s antitrust laws. Additionally, the Attorney General protects
her constituents in cases of Medicaid fraud, defends the state in civil litigation cases and represents the people
of Florida when criminals appeal their convictions in state and federal courts.
Within the Attorney General’s Office is the Office of Statewide Prosecution that targets widespread criminal
activities throughout Florida including identity theft, drug trafficking and gang activity. The Attorney
General's Office also conducts various programs to assist victims of crime.
The Attorney General defends the constitutionality of statutes duly enacted by the Legislature and is
authorized to issue formal legal opinions at the request of various public officials on questions relating to the
application of state law. The Office of the Attorney General houses the Florida Commission on the Status of
Women and the Council on the Social Status of Black Men and Boys. Also housed within the Attorney
General’s Office is the Office of Civil Rights, which investigates and takes legal action against violations of
Floridians’ civil rights.
The Attorney General serves as a member of the Florida Cabinet along with the Chief Financial Officer and
the Commissioner of Agriculture. As a Cabinet member, the Attorney General serves on the Clemency Board
and as a member of the various Cabinet boards and commissions that address state lands, state investments, and
rules pertaining to insurance and financial regulation. Also as a Cabinet member, the Attorney General serves,
collectively as agency head for the Departments of Highway Safety and Motor Vehicles, Law Enforcement,
Revenue and Veterans Affairs.
Frequently Asked Questions

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

- Fraud Hotline 1-866-966-7226
1
Case 3:20-ap-00004-JAF Doc 4 Filed 02/10/20 Page 1 of 3
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
INRE: Case No. 3: 19-bk-00808-JAF

Chapter 13
Neil J Gillespie,
Debtor.
- - - - - - - - - - - - - - -/
Neil J Gillespie, Adv. Pro. No. 3:20-ap-00004-JAF
Plaintiff.
vs.
Bank of An1erica, N .A.
u.S. Judge William Terrell Hodges, and BofA

Shareholder
Defendants.
- - - - - - - - - - - - - - -/
NOTICE OF APPEARANCE
(For Property 8092 SW 115th Loop, Ocala, F134481)
Bank of America, NA, its successors and/or assigns, a Secured Creditor in the above-styled
proceeding, hereby requests that all matters which must be noticed to creditors, any creditors' committees,
and any other parties-in-interest pursuant to FRBP 2002, whether sent by the Court, the Debtor, or any other
party in the case, be sent to the undersigned; and pursuant to FRBP 2002(g), requests that the following be
added to the court's Master Mailing List:
LINDSEY SAVASTANO, ESQ.
Frenkel Lambert Weiss Weisman & Gordon, LLP
One East Broward Boulevard, Suite 1430
Fort Lauderdale, FL 33301
FRENKEL LAMBERT WEISS WEISMAN &

GORDON,LLP
Attorneys for Secured Creditor
Phone: 954-522-3233 x 1631
Fax: 954-200-7770
Email: LSavastano((v,fl\vlaw.cot11
/s/ Lindsey Savastano

Lindsey Savastano, Esq.
Florida Bar No. 57079
Page 1 of2
04-093599-FOO 5
Case 3:20-ap-00004-JAF Doc 4 Filed 02/10/20 Page 2 of 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy ofthe foregoing has been served via electronic transmission
(CM/ECF) to the andlor United States first class mail postage prepaid to the attached Mailing List this 10th
day of February, 2020.
FRENKEL LAMBERT WEISS WEISMAN &

GORDON,LLP
Attorneys for Secured Creditor
Phone: 954-522-3233 x1631
Fax: 954-200-7770
Email: LSavastano@)flwlavv.c01TI
lsi Lindsey Savastano

Lindsey Savastano, Esq.
Florida Bar No. 57079
Page 2 of2
04-093599-FOO
~ Case 3:20-ap-00004-JAF Doc 4 Filed 02/10/20 Page 3 of 3
Label Matrix for local noticing Neil J Gillespie
113A-3· 8092 SW 115th Loop
Case 3:20-ap-00004-JAF Ocala, FL 34481-3567
Middle District of Florida
Jacksonville
Fri Feb 7 16:34:51 EST 2020
The following recipients may be/have been bypassed for notice due to an undeliverable (u) or duplicate (d) address.
(u) Bank of America, NA (u)U.S. Judge William Terrell Hodges, and Bof End of Label Matrix
Mailable recipients 1
Bypassed recipients 2
Total 3
Page 1 of 5
Neil Gillespie
From: "ditech settlement" <ttwomey@ditech-settlement.com>

Sent: Friday, December 20, 2019 7:19 PM
Subject: Re: Proof of Claim Review - RMS Bankruptcy
Dear Mr. Gillespie,
Thank you for your email and the attached documents. We are currently in the process of reviewing over
4,000 claims filed in the Ditech/RMS bankruptcy. At this point in the process we are reaching out to
borrowers to obtain additional information regarding their claims. When we complete this process, likely
sometime in January, we will begin our substantive review of the claims.
As we review your claim, if we have additional questions, we will reach out to you. If your preferred
form of communication is not email, please advise.
If you have additional questions, let me know.
With best regards,
Tara Twomey
Claims Trustee/Consumer Rep
Ditech Holding Corp Consumer
Creditor Recovery Trust
On Fri, Dec 20, 2019 at 11:36 AM Neil Gillespie <neilgillespie@mfi.net> wrote:
To: The Office of the Claims Trustee for the

Ditech & RMS Chapter 11 Bankruptcy
info2@ditech-settlement.com
and Ms. Tara Twomey for the creditor’s committee
ttwomey@ditech-settlement.com
Thank you and The Office of the Claims Trustee. I found and downloaded Doc-1371 in Ditech case
19-10412, the Consumer Representative Agreement, and I am currently reviewing it.
Reverse Mortgage Solutions, Inc. (RMS) Claim 5-1 Filed 05/17/19 a claim for $185,966.75 that
consists of 53 pages. On July 23, 2019 I filed an Objection to Claim 5 of RMS. (DOC-110). On
November 20, 2019, RMS gave Notice of Withdrawal of Proof of Claim 5.1 filed on 05/17/19.
The Chapter 13 Standing Trustee’s Final Report and Account (DOC-215) shows for RMS "NA" for
"Claim Allowed" followed by zeros.
The value of my claim to The Office of the Claims Trustee for the Ditech & RMS Chapter 11
Bankruptcy should equal or exceed any claim of RMS which was $185,966.75 before RMS removed
the claim.
Over the weekend I plan additional court filings in support of my position and will forward same to
you. Thank you.
Sincerely
/s/
6
12/21/2019
Page 2 of 5
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807

From: Info ditech
To: Neil Gillespie
Cc: Douglas Neway ; ditech settlement
Sent: Thursday, December 19, 2019 1:11 PM
Dear Neil:
Thank you for your email and we understand your concern, but fraud is not being committed. If you
would like to speak to my supervisor who was actually appointed in the Ditech/RMS bankruptcy, in
the Southern District of New York to represent a creditor’s committee, you can reach her directly you
can do so: Tara Twomey, 831-920-7460 and email at ttwomey@ditech-settlement.com.
For your information, the Claims Trustee/Consumer Rep Agreement is available at Docket #1371 in
the Ditech case.
Regards,
The Office of the Claims Trustee for the Ditech & RMS Chapter 11 Bankruptcy
On Thu, Dec 19, 2019 at 9:28 AM Neil Gillespie <neilgillespie@mfi.net> wrote:

To Whom It May Concern:
Unfortunately my full response is not yet complete. I also question whether this is a legitimate
email. The email address, "Info ditech <info2@ditech-settlement.com>" does not look like a
Trustee email address. The phone number, 805-338-2087, appears to be a private number.
Yesterday I checked PACER and found no Trustee for either case, see attached:
z No trustee found for case 19-10412-jlg

z No trustee found for case 19-10422-jlg
As you know, the RMS chapter 13 bankruptcy (case 19-10422-jlg) was consolidated and
administered with the Ditech chapter 13 bankruptcy (case 19-10412-jlg).
My attached Notice of RMS Bankruptcy Fraud in Petition No. 18-7225 to the U.S. Supreme Court
on April 25, 2019 shows on page 7:
On 03/28/19 RMS filed a Statement of Financial Affairs in its bankruptcy, see Doc 11,
904 pages, Pacer link: 19-10422-jlg Doc 11 Filed 03/28/19 Entered 03/28/19 01:25:32
Part 3 of Doc-11, pages 828-864, for "Legal Actions or Assignments". Paragraph 7,Legal
12/21/2019
Page 3 of 5
actions, administrative proceedings, court actions, executions, attachments, or governmental

audits. "List the legal actions, proceedings, investigations, arbitrations, mediations, and
audits by federal or state agencies in which the debtor was involved in any capacity - within
1 year before filing this case." None of my cases with RMS meeting that criteria appears on
the RMS Statement of Financial Affairs.
See page 7 and page 8 of the attached SCOTUS pleading for the list of cases missing. (Note: My
attached SCOTUS pleading was out of time and returned by the Court without adjudication).
Because none of my cases appear in the RMS bankruptcy, I take that to mean my only legal remedy
is to sue RMS/Ditech. I am also aware of the Order Confirming Third Amended Joint Chapter 11
Plan of Ditech Holding Corporation and Its Affiliated Debtors on the DOJ website, see,
UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF NEW YORK
In re DITECH HOLDING CORPORATION, et al., Debtors
Chapter 11 Case No. 19-10412 (JLG)
Doc 1404 Filed 09/26/19
Order Confirming Third Amended Joint Chapter 11 Plan of Ditech Holding Corporation and Its
Affiliated Debtors
https://www.justice.gov/ust/file/confirmation_order.pdf/download
I am providing this email to the Chapter 13 Trustee in my bankruptcy,
Douglas W. Neway
Chapter 13 Trustee
Jacksonville, FL
dneway@ch13jaxfl.com
U.S. Bankruptcy Court

Middle District of Florida
Jacksonville Division
Neil Gillespie, Debtor Pro Se, Chapter 13
Case No. 3:19-bk-00808-JAF
Judge Jerry A. Funk
Sincerely
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807

From: Info ditech
To: Neil Gillespie
Sent: Friday, December 13, 2019 4:13 PM
Dear Neil:
12/21/2019
Page 4 of 5
Thank you for the response and for letting us know your position. We have noted the additional
information that you have provided. At this time, we will continue to review all claims filed in
due course. We will reach back out to you if we have any further questions. If you have any
other questions, feel free to reach us at this email address or by phone at (805) 338-2087.
Regards,
The Office of the Claims Trustee for the Ditech Chapter 11 Bankruptcy
On Fri, Dec 13, 2019 at 1:06 PM Neil Gillespie <neilgillespie@mfi.net> wrote:

Please acknowledge receipt of my response to your email.
Sincerely
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807

From: Neil Gillespie
To: Info ditech
Cc: Neil Gillespie
Sent: Thursday, December 12, 2019 5:20 PM

Hello, thank you for your email. I will have a full response by tomorrow. I can tell you that
my home was sold at auction on November 19, 2019, and I am still living in my home. Two
appeals have been filed.
There is major criminal fraud with this foreclosure, see attached the following:
z REQUEST FOR PROSECUTION, June 11, 2019, FS § 817.568(8)(a) by Judge Craggs

et al
z REQUEST FOR PROSECUTION, June 20, 2019, FS § 812.014(1); § 812.014(2)(a)1
Grand Theft;
z REQUEST FOR PROSECUTION, July 29, 2019, 18 U.S.C. § 371 Debbie Sims
VP_RMS
Sincerely
/s/
Neil J. Gillespie
8092 SW 115th Loop
12/21/2019
Page 5 of 5
Ocala, FL 34481
Tel. 352-854-7807
From: Info ditech

To: neilgillespie@mfi.net
Sent: Thursday, December 12, 2019 12:56 AM
Subject: Proof of Claim Review - RMS Bankruptcy
Dear Neil J. Gillespie:
We are starting to review of the Proof of Claim you submitted in the RMS bankruptcy on
April 24, 2019. It does appear that the claim was filed with supporting documents, such as
the notice of lis pendens in your pending litigation as well as the verified complaint and
your copy of the reverse mortgage. The proof of claim, however, does not explain the
specific nature of your claim. We also want to know the status of your pending foreclosure
action. We are looking for additional information so that we can better understand the
circumstances surrounding your claim. Please provide us with detailed information
regarding the nature of your claim (what RMS did wrong) and any harm or damages
resulting from what it did wrong.
I can be reached at this email address or by phone at (805) 338-2087.
--
Regards,
--
Regards,
--
Regards,
12/21/2019
Page 1 of 2
Neil Gillespie
From: "Neil Gillespie" <neilgillespie@mfi.net>

To: "Dr Carson HUD Secretary" <answers@hud.gov>
Cc: "Neil Gillespie" <neilgillespie@mfi.net>
Attach: DOC-001 Adversary Proceeding Complaint pp 1-48.pdf; AFFIDAVIT NJG_HECM Alternative Contact
Person.pdf
Subject: Mortgagee Letter 2020-04 for a 60 day Foreclosure and Eviction Moratorium
Dr. Ben Carson, Secretary

U.S. Department of Housing and Urban Development (HUD)
answers@hud.gov
7
Dear Dr. Carson and HUD:
My Florida residential homestead is in foreclosure on a HECM reverse mortgages. So far the services
and foreclosing plaintiff, Reverse Mortgage Solutions, Inc. (RMS), by and through counsel, McCalla
Raymer Leibert Pierce LLC (MRLP), said that HUD Mortgagee Letter 2020-04 for a 60 day
Foreclosure and Eviction Moratorium does not apply to my HECM reverse mortgage for several
reasons. First, they said my HECM is already foreclosed upon and the outstanding appeals are not
covered by the Foreclosure and Eviction Moratorium.
Currently there are two open appeals in the Florida Fifth Judicial Circuit (5D2019-3479 and 5D2020-
383), an appeal in US Bankruptcy Court for the Middle District of Florida (5.19-CV-585-OC-34), an
Adversary Proceeding over misconduct by US Judge William Terrell Hodges (320-ap-00004-JAF)
because Hodges was then and is now a shareholder in Bank of America, NA, and refused to recuse
himself for a conflict of interest with our lender, Bank of America, NA. (Dismissed after the fact, to be
reinstated when my appeal is granted). Pages 1-48 of my AP complaint are attached. Finally, I have an
open claim in the DIETECH HOLDINGS/RMS BANKRUPTCY 19-10412 (JLG).
The lawyers involved are Neisi Garcia Ramirez, Esq. and Curtis Alan Wilson, Esq. for MRLP/RMS.
Mr. Wilson contends in court filings that HUD has absolutely no authority whatsoever to tell a Florida
court how to conduct a foreclosure, apparently because HUD is in the executive branch of government,
and the courts are in the judicial branch. The Florida Supreme Court appears to also hold this position.
Clerk John Tomasino emailed me that the Florida Supreme Court will not advise the Florida lower
courts about the Mortgagee Letter 2020-04 for a 60 day Foreclosure and Eviction Moratorium.
All of this begs the question in my seven year foreclosure battle. (RMS v Gillespie et al, 2013-CA-115,
Marion County Florida). My HECM is void or voidable for a number of reasons, including borrower
incompetence of my mother, borrower Penelope Gillespie, who had Alzheimer’s disease and died
September 16, 2009. Before my HECM was foreclosed upon, I contested the subject reverse mortgage
August 9, 2012 by my complaint to HUD as provided by the HECM Reverse Mortgage Handbook
7610.01, Section 4-19.
HUD referred my complaint to the Consumer Financial Protection Bureau (CFPB), the federal agency
that holds primary responsibility for regulating consumer protection regarding financial products and
services in the United States. The CFBP opened its investigation January 4, 2013 designated as CFPB
Complaint No. 120914-000082. The CFPB claimed I was not authorized as a contact person by my
deceased mother. Turns out, that is false. My mother designated me as a contact person on the HECM
loan application, see my affidavit attached. Reverse Mortgage Solutions filed its foreclosure case on
January 9, 2013, long after my HUD complaint, and 5 days after the CFPB opened Complaint No.
4/25/2020
Page 2 of 2
120914-000082.
In my view, the judiciary robbed HUD, and me, of due process.
Thank you.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Tel. 352-854-7807
4/25/2020
Page 1 of 1
Neil Gillespie
From: "DoNotReplyFHA" <DoNotReplyFHA@hud.gov>

Subject: Thank you for contacting the FHA Resource Center, Mortgagee Letter 2020-04 for a 60 day
Foreclosure and Eviction Moratorium
Thank you for contacting the FHA Resource Center,
Your email has been received and we are currently reviewing your request. Please allow up to 2
business days to receive a response to your inquiry.
Your reference number is CAS-8420354-Y4M1L8. Please use this number for future reference.
4/25/2020
June 11,2019
Sheriff Billy Woods Chief Greg Graham

Marion County Sheriffs Office (MCSO) Ocala Police Department (OPD)
,",woods@nlarionso.conl ggraham@ocalapd.org
692 NW 30th Ave. 402 S. Pine Ave.
Ocala, FL 34475 Ocala, FL 34471
VIA UPS No. lZ64589FP293782216 VIA UPS No. lZ64589FP294406228
Cc.: Timothy T. McCourt
Tmccourt@marionso.com
Gentlemen:
This is a referral for fonnal criminal charges against Judge Ann Melenda Craggs for violation of
Fla. Stat. § 817.568(8)(a) Criminal use ofpersonal identification information; and related crimes
together with Curtis Wilson, Esq., in the wrongful foreclosure of my Fla. residential homestead.
Judge Ann Melenda Craggs ("Judge Craggs") has presided over the foreclosure of my home in
Reverse Mortgage Solutions, Inc. v. Neil J. G-illespie, et aI., Case No.: 2013-CA-OOI15, Marion
County Circuit Court, Florida Fifth Judicial District, since August 18, 2016, after the recusal, sua
sponte, of Judge Steven G. Rogers, see Doc-354 Order of Recusal, entered on August 17,2016.
The case commenced on January 9, 2013 in Marion County.
Reverse Mortgage Solutions, Inc. ("RMS") is represented by Curtis Alan Wilson (Bar ID 77669)
of McCalla, Raymer, Leibert, Pierce, LLC, 225 E. Robinson St. Suite 115, Orlando, FL 32801.
RMS is an active (as of today) Foreign Profit Corporation registered with the Florida Division of
Corporations. The 2019 Foreign Profit Corporation Annual Report for RMS appears online, and
shows the address for RMS: 14405 Walters Road, Suite 200, Houston, TX 77014.
RMS and its parent company Ditech Holding Corporation are in chapter 11 bankruptcy,
consolidated case number 1:19-bk-l0412 in the New York Southern Bankruptcy Court.
This referral is to both the MCSO and the OPD since either agency may have jurisdiction, as I
understand, over crimes occurring July 18, 2017, in the Marion County Judicial Center, 110 NW
1st Ave., Ocala, FL 34475 during a non-jury trial where Judge Craggs entered a Final Judgment
ofForeclosure that does not mention the arguments I made before becoming sick, or mention the
fact that I was transported to the hospital before the trial ended, and left without anyone to
represent me. Judge Craggs did not include any of my documents into evidence.
I am age 63. I am disabled with type 2 diabetes since 2006. Social Security detennined I was
totally disabled since 1992 following a traumatic brain injury as a survivor of a street robbery.
Judge Craggs and Mr. Wilson continue to rely upon the fruits of their crime in the wrongful
foreclosure ofnlY Florida residential homestead property located at 8092 SW 115th Loop, Ocala,
Florida, 34481, Marion County.
9
Judge Craggs and Mr. Wilson violated Fla. Stat. § 817.568(8)(a) June 11, 2019
Criminal use of personal identification information
The Plaintiff’s (RMS) state court in rem action alleges the 2009 death of Penelope Gillespie is
grounds to foreclose a Home Equity Conversion Mortgage on my homestead residence, 8092
SW 115th Loop, Ocala, Marion County, Florida in a 55+ community called Oak Run. The
property’s market value is $80,565 according to the MCPA (2018). I am one of three (3)
borrowers, with my mother Penelope Gillespie, and brother Mark Gillespie.

access the subject home's equity. 12 U.S.C. § 1715z20 et seq. and 24 C.F.R. Part 206. The record
shows substantial violations of the HECM rules by the HUD-approved lender and lender parties.

I am one of two surviving HECM mortgagors, and the only surviving homeowner living in the
home, alone, in substantial compliance with the HECM Note, making this foreclosure of a
HECM premature. My bother Mark Gillespie of Fort Worth Texas is also a surviving borrower,
but he does not live in the home. The HECM becomes due and payable in full “if a mortgagor
dies and the property is not the principal residence of at least one surviving mortgagor....and no
other mortgagor retains title to the property.” 24 C.F.R. § 206.27(c). Mortgagor Ms. Gillespie
died in 2009. But I am a surviving borrower or mortgagor living in the home as my principal
residence, and retain title to the property. Therefore I dispute the Plaintiff’s allegations in its
“Verified Complaint to Foreclose Home Equity Conversion Mortgage”.
Judge Craggs and Mr. Wilson violated Fla. Stat. § 817.568(8)(a)
Judge Craggs and Mr. Wilson violated Fla. Stat. § 817.568(8)(a) Criminal use of personal
identification information, used as trial evidence in the foreclosure.
Section 817.568(8)(a) states:
(8)(a) Any person who willfully and fraudulently uses, or possesses with intent to
fraudulently use, personal identification information concerning a deceased individual or
dissolved business entity commits the offense of fraudulent use or possession with intent
to use personal identification information of a deceased individual or dissolved business
entity, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
My mother, Penelope Gillespie, died on September 16, 2009. RMS alleged so in paragraph 5 of
its Verified Complaint To Foreclose Home Equity Conversion Mortgage.
2
Penelope Gillespie was dead on July 18, 2017 when Mr. Wilson submitted trial evidence in
violation of § 817.568(8)(a),
Notice of Default and Intent to Foreclose

Date Admitted As Evidence: 07/18/2017
Evidence ID: PL-4
because the Notice of Default and Intent to Foreclose is dated June 8, 2012 to “Penelope
Gillespie” and “Dear Penelope Gillespie”. The Evidence List appears at Exhibit 1. The Notice of
Default and Intent to Foreclose appears at Exhibit 2 and is signed by Judge Craggs.
The Notice of Default and Intent to Foreclose does not inform “Penelope Gillespie” because she
died on September 16, 2009. A deceased person cannot own property, or respond to this notice.
This notice is defective.
A HECM foreclosure must commence within 6 months. 24 C.F.R. § 206.125(d)(1). Borrower

Penelope Gillespie died September 16, 2009. The Plaintiff did not commence this foreclosure
until January 9, 2013.
Because the Plaintiff missed the time to bring a foreclosure, it has relied on false documents
showing Penelope Gillespie is still alive, including its notice of foreclosure, and routine
correspondence addressed to “Penelope Gillespie”.
The Plaintiff’s (RMS) envelope to the NOTICE OF DEFAULT AND INTENT TO

FORECLOSE (Exhibit 2) shows different names for U.S. Postal Service Certified Mail,
and is therefore fraudulent, because the Notice begins, “Dear Penelope Gillespie:” and not,
“Dear Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living
Trust Agreement dated February 10, 1997”
In fact the trust is not mentioned at all. Mark Gillespie was not provided a Notice of Default at
his home in Fort Worth, Texas.
Therefore service on Neil J. Gillespie and Mark Gillespie, is fatally flawed. The Trust was not
sued. Penelope Gillespie was not sued. The Estate of Penelope Gillespie was not sued.
On information and belief, the Plaintiff sued the wrong party in suing “Neil J.
Gillespie and Mark Gillespie as Co-Trustee of the Gillespie Family Living Trust
Agreement Dated February 10, 1997”, see the Foreclosure Benchbook 2013 “Parties
to the Foreclosure Action”, “Necessary and Proper Defendants” on page 16:
1. The owner of the fee simple title - only indispensable party defendant to
a foreclosure action. English v. Bankers Trust Co. of Calif., N.A., 895 So.
2d 1120, 1121 (Fla. 4th DCA 2005). Foreclosure is void if titleholder
omitted...
3
The titleholder on January 9, 2013 when the case was filed was the “Gillespie Family Living Trust
Agreement Dated February 10, 1997”. The Plaintiff failed to sue the only indispensable party.
Therefore, the foreclosure is void. See Filing # 83954243 E-Filed 01/27/2019 11:53:01 PM
DEFENDANT NEIL J. GILLESPIE’S AMENDED VERIFIED MOTION TO VACATE FINAL

JUDGMENT OF FORECLOSURE AND CANCEL MARCH 11, 2019 FORECLOSURE SALE
I demand Judge Craggs, and Mr. Wilson, be prosecuted for violation of § 817.568(8)(a), a felony
of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Judge Craggs and Mr. Wilson also violated related laws, such as,
F.S. § 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.
Mr. Wilson and Judge Craggs made false statements in writing to mislead the Marion County
Clerk in the performance of his duties. Regarding Judge Craggs,
F.S. § 838.022 Official misconduct.—

(1) It is unlawful for a public servant or public contractor, to knowingly and intentionally
obtain a benefit for any person or to cause unlawful harm to another, by:
(a) Falsifying, or causing another person to falsify, any official record or official
document;
Judge Craggs knowingly and intentionally obtained a benefit (foreclosure) for any person (Mr.
Wilson) or to cause unlawful harm to another (Neil J. Gillespie) by falsifying, or causing another
person to falsify, any official record or official document;
F.S. § 839.13 Falsifying records.—

(1) Except as provided in subsection (2), if any judge, justice, mayor, alderman, clerk,
sheriff, coroner, or other public officer, or employee or agent of or contractor with a
public agency, or any person whatsoever, shall steal, embezzle, alter, corruptly withdraw,
falsify or avoid any record, process, charter, gift, grant, conveyance, or contract, or any
paper filed in any judicial proceeding in any court of this state, or shall knowingly and
willfully take off, discharge or conceal any issue, forfeited recognizance, or other
forfeiture, or other paper above mentioned, or shall forge, deface, or falsify any document
or instrument recorded, or filed in any court, or any registry, acknowledgment, or
certificate, or shall fraudulently alter, deface, or falsify any minutes, documents, books,
or any proceedings whatever of or belonging to any public office within this state; or if
any person shall cause or procure any of the offenses aforesaid to be committed, or be in
anywise concerned therein, the person so offending shall be guilty of a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
4
Judge Craggs and Mr. Wilson violated Fla. Stat. § 817.568(8)(a) June 11,2019
Chapter 825, Abuse, Neglect, And Exploitation Of Elderly Persons and Disabled Adults
I am an elderly person [825.101(4)] and a disabled adult as defined by Chapter 825.
Judge Craggs is a public officer who corruptly used her official position as judge to secure a
special benefit (corrupt foreclosure) for Mr. Wilson.
F.S. § 112.313(6) Misuse of Public Position,

(6) MISUSE OF PUBLIC POSITION.-No public officer, employee of an agency, or
local government attorney shall corruptly use or attempt to use his or her official position
or any property or resource which may be within his or her trust, or perform his or her
official duties, to secure a special privilege, benefit, or exemption for himself, herself, or
others. This section shall not be construed to conflict with s. 104.. 31.
Judge Craggs is a public servant as provided by the Fla. Const., Art. V, who violated her Oath of
Office, see Art. II, sec 5(b).
(b) Each state and county officer, before entering upon the duties of the office, shall give
bond as required by law, and shall swear or affirm:
"I do solenlnly swear (or affirm) that I will support, protect, and defend the
Constitution and Government of the United States and of the State of Florida; that
I am duly qualified to hold office under the Constitution of the state; and that I
will well and faithfully perform the duties of (title of office) on which I am now
about to enter. So help me God.",
and thereafter shall devote personal attention to the duties of the office, and continue in
office until a successor qualifies.
Judge Craggs has committed other crimes in this foreclosure. I may submit those separately. But
I may not, if the enclosed evidence and accusations are sufficient to arrest and convict Judge
Craggs and Mr. Wilson. The Bar and the Bench have worked since 2013 to confuse just about
every issue in this case. I do not want to confuse this case further and thereby undermine any
prosecutable crime(s) against Judge Craggs and Mr. Wilson. Thank you.
Sincerely,
·U~r---
eil J. Gil spie
8 92 SW 15th Loop
neilgillespie@mfi.net
352-854-7807
Enclosures
5
OFFICE OF DAVID R. ELLSPERMANN
MARION COUNTY CLERK'S OFFICE
EVIDENCE LIST
REVERSE MORTGAGE 13-CA-115

SOLUTIONS, INC
PlaintifflPetitioner Case Number
vs.
NEIL J GILLESPIE AND MARK GILLESPIE AS
CO-TRUSTEES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED
FEBRUARY 10~ 1997; OAK RUN
HOMEOWNERS' ASSOCIATION, INC; UNITED
STATES OF AMERICA, ON BEHALF OF THE
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT; ELIZABETH BAUERLE;
MARK GILLESPIE~ NEIL J GILLESPIE;
ngVELoPMENT & CONSTRUCTION
CORPORATION OF AMERICA~ UNKNOWN
SPOUSE OF ELIZABETH BAUERLE;
UNKNOWN SPOUSE OF MARK GILLESPIE,
UNKNOWN SPOUSE OF NEIL J GILLESPIE;
UNKNOWN SETILERS I BENEFICIARIES OF
THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1007;
UNKNOWN TRUSTEES M SETILERS AND STATE OF FLORtDA COUNTY OF r~ARlott
9
IHERf-BY CERTIfY that the forepg ~ true and

BENEFICIARIES OF uNKNOWN SETTLERS I
BENEFICIARIES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED
instrument fit~ inthis"
correct copy of pages-LuvOUQhd of the
The original instrument'" ~

_"\
FEBRUARY 10) 1997~ UNKNOWN TENANT IN .eY" rhts COfII has no redMiDM.
L] T1'i! CDf1I has btIn redadetj IJ'I'SUIM to . .
POSSESSION I AND UNKNOWN TENANT IN

POSSESSION 2 =l~ or , Qut
"
DefendantIRespondent
Exhibit ID# Date DESCRIPTION OF ITEM Date Evidence

Introduced Admitted as 10#
Evidence
' ...
* Original Adjustable Rate Note ( Home Equity 07/18/2017 PL-l

Conversion)
1
• Adjustable Rate Home Equity Conversion 07/18/2017 PL-2
Mortgage
• Assignment of Mortgage 07/18/2017 PL-3
., Notice of Default and Intent to Foreclose 07/18/2017 PL-4

l'
",~ Copy of: Home Equity Conversion Loan Agreement 07/18/2017 PL-5
Payoff Statement 07/18/2017 PL 6

, ~
Composite
Evidence received in Clerks' office 07/18/2017
• Origianal Documents kept in Court File
Court Clerk's Signature Date
Attorney for PlaintiffIPetitioner Attorney for Defendant/Respondent

Reverse Mcrtgage Solutions, Inc. PRESORT
2727 Spring Creek Dr. First-el~s Mal
u.s. Postage and
Spring, TX 77377 Fees Paid
WSO
7196 9006 9296 0216 1259
20120608-197
.III II 111 1'1 p 11 11 111 111 It 111111111111111111111 II 1111111111111111

Neil J. Gillespie
Mark Gillespie
8092 SW 115TH LOOP
OCALA, FL 34481-3567
1,- CA - 115- S 2
ADMIlTED INTO EVIDENQ: AS:
PETITIONER'S EXHIBIT ~
RESPONDENT'S EXHIBI~T----
JUDGE MfN MELIND GGS OEM
7196 9006 9296 0216 1259
June 8, 2012
Sent Via Certified Mail
Penelope Gillespie
Loan Nwnber: 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 fiRMS") is currently servicing your mortgage loan that is secured by the above
referenced property. You are hereby formally notified that the mortgage loan associated with the referenced Deed of
TrustJMortgage 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 $108,056.19 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 ma.y be other fees still due and owing, including
but not limited to other fees, escrow advances or corporate advances that RMS paid on your behalf or advanced to
your account.
This letter is a formal demand to pay $108~056.19. If the default is not paid in full by July 8,2012, RMS will take steps to
terminate your ownership in the property by a foreclosure proceeding or other action to seize the property.
IF YOU ARE UNABlE TO PAY YOUR ACCOUNT IN FULL, RMS offers consumer assistance programs designed to help
resolve delinquencies and avoid FORECLOSURE. These services are provided without cost to our customers. You may be
eligible for a loan workout plan or other similar alternatives. If you would like to learn more about these programs, you may
contact the Loss Mitigation Department at (866) 503-5559, between the hours of 8:30 AM and 5:00 PM CST. WE ARE
VERY INTERESTED IN ASSISTING YOU.
The default above can be cured by payment of the total payoff amount plus any additional fees that become due by July 8,
2012. Note that additional charges~ costs and fees Dlay 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
562439 12-02121-1
~ Page 1 of2
~
If you wish to dispute the delinquency, 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 automatic 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 \\'ith 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 nlilitary 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 governnlent 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 htm://www.hud.gov/officeslhsg/stblhcclhcs.cfnl.
NO PERSON IN THIS OFFlCE W~L ONE 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 Foundation or other foreclosure counseling a. You
may call the following toll-free number to request assistance fronl 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 inunecliate attention.
Sincerely,
Reverse Mortgage Solutions, Inc.

(866) 503-5559
FEDERAL LAW REQUIRES US TO ADVISE YOU THAT REVERSE MORTGAGE SOLUTIONS, lNe, IS A DEBT
COLLECTOR AND THAT THIS IS AN ATTEMPT TO COLLEcr A DEBT. ANY INFORMATION OBTAINED MAY BE
USED FOR THAT PURPOSE. TO THE EXTENT YOUR OBl.lGATION HAS BEEN DISCHARGED OR IS SUBJECT
TO THE AUTOMATIC STA)7 IN A BANKRUPTCY PROCEEDING; THIS NOTICE IS FOR INFORMATIONAL
PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAY~NT OR AN ATTEw>T TO COlLECT
AN INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY,
PLEASE PROVIDE US WITH THEATTORNEY"'S NAME, ADDRESS AND TELEPHONE NUMBER.
562439 12-02121-1
Page 2 of2
Case 3:19-bk-00808-JAF Doc 205 Filed 11/01/19 Page 1 of 8
10

Appellant's Motion To Strike Appellee's Reply, Case No 5D19-3479

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Appellant's Motion To Strike Appellee's Reply, Case No 5D19-3479

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Filing # 106738768 E-Filed 04/27/2020 02:26:52 PM

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-

v. CASE NO. 5D19-3479

REVERSE MORTGAGE SOLUTIONS, INC. AND

APPELLANT’S MOTION TO STRIKE APPELLEE’S “REPLY”

Appellant Neil J. Gillespie, age 64 and suffering the infirmaries of aging, an

indigent nonlawyer, 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

first person, and files APPELLANT’S MOTION TO STRIKE APPELLEE’S “REPLY”:

Reference Number 106419192 appears at Exhibit 2 and states in part:

“Filing Date/Time: 04/18/2020 10:37:09 PM.”

the Appellee, REVERSE MORTGAGE SOLUTIONS, INC., and his employer.

• Mr. Wilson’s Notice of Appearance, filed December 9, 2019, claims

• Now Mr. Wilson’s Certificate of Service to his self-styled “reply” claims

Attorney General from January 4, 2011 to January 8, 2019. (“Pam Bondi”)

“1. Provide records showing jurisdiction of Florida Courts over a disputed

correspondence with Attorney General Bondi is in the trial court record.

It should be noted that Appellant attempted to remove this case to Federal

of Florida (5:19-CV-585-OC-34), and that I filed an Adversary Proceeding over

misconduct by U.S. Judge William Terrell Hodges (3:20-ap-00004-JAF) because

12. My Adversary Proceeding No. 3:20-ap-00004-JAF against Judge Hodges

accompany this motion as Appendix A, and state in part:

DEBTOR’S RULE 7001 ADVERSARY PROCEEDING

5. RMS Proof of Claim 5-1 sought $185,966.75 secured by my Florida residential

11. When I removed the case to federal court (5:13-cv-58-Oc-WTH-PRL) on February 4,

Gary G. Lynch, Vice Chairman Gary G. Lynch, Vice Chairman

Neil J. Gillespie, Debtor Pro Se

13. LINDSEY SAVASTANO, ESQ. of FRENKEL LAMBERT WEISS

3:20-ap-00004-JAF on February 10, 2020 to represent Defendants Bank of

Exhibit 5 and Case 3:20-ap-00004-JAF Doc 4 Filed 02/10/20 Page 1 of 3

Open claim in Dietech Holdings/RMS Bankruptcy 19-10412

entered chapter 11 bankruptcy, see 1:19-bk-10422 New York Southern Bankruptcy

11 bankruptcy, see 1:19-bk-10412 New York Southern Bankruptcy Court. Both

cases were jointly administered in 1:19-bk-10412. I timely filed a Notice of Claim

following violations of criminal law were also submitted:

Feb-11-2018, violation 18 U.S.C. § 371 RMS/MRLP charged excessive fees

15. A Consumer Representative Agreement was filed September 24, 2019,

On or about October 1, 2019 RMS was sold to Mortgage Assets Management.

Trustee/Consumer Rep, Ditech Holding Corp Consumer, Creditor Recovery Trust:

Dear Mr. Gillespie,

answers@hud.gov and the HUD Mortgagee Letter 2020-04

Dr. Ben Carson, Secretary

Dear Dr. Carson and HUD:

My Florida residential homestead is in foreclosure on a HECM reverse mortgages. So far

In my view, the judiciary robbed HUD, and me, of due process.

From: "DoNotReplyFHA" <DoNotReplyFHA@hud.gov>

Thank you for contacting the FHA Resource Center,

WTH-PRL, but for misconduct between federal judicial officers,

U.S. Judge William Terrell Hodges

exceeds 2,000 pages and is in the lower court record.

Mr. Wilson/Judge Craggs Violation of Fla. Stat. § 817.568(8)(a) Criminal use of

Office Lt. Charles Welch, the South-Marion District Commander, at 8:00 AM in

Criminal use of personal identification information; and related crimes

together with Curtis Wilson, Esq., in the wrongful foreclosure of my Fla.

residential homestead. My written request to the MCSO appears at Exhibit 9.

MCSO Deputy Hunter McMurray, badge 6015, attended the meeting.

use of personal identification information, used as trial evidence in the foreclosure.

Fla. Stat. § 817.568(8)(a) states:

so in paragraph 5 of its Verified Complaint To Foreclose Home Equity Conversion

submitted trial evidence in violation of § 817.568(8)(a),

Notice of Default and Intent to Foreclose