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No. 17A878
Feb 12 2018 Application (17A878) to extend the time to file a petition for a writ of
certiorari from February 12, 2018 to April 13, 2018, submitted to Justice
Thomas.
Feb 21 2018 Application (17A878) granted by Justice Thomas extending the time to file
until April 13, 2018.
Clerk
Supreme Court of Florida
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399-1927
z co
De r Clerk:
U
The application for an extension of time within which to file a petition
for a writ of certiorari in the above-entitled case has been presented to
Justice Thomas, who on February 21, 2018, extended the time to and
including April 13, 2018.
Sincerely, .
by
Clayton Higgins
Case Analyst
Supreme Court of the United States
Office of the Clérk
Washington, DC 20543-0001
Scott S. Harris
Clerk of the Court
NOTIFICATION LIST (2°2)*-³°¹¹
Clerk
Supreme Court of Florida
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399-1927
Filing # 67864350 E-Filed 02/13/2018 12:24:28 AM
Dear Clerk:
Please find enclosed an original Consolidated Motions, 10 copies, 3 separate appendices, Rule
29 Notice of Service, and file the following on my behalf:
eil J. Gillespi
disabled non-lawyer appearing pro se
8092 SW 115th Loop
Ocala, Florida 34481
Tel: 352-854-7807
Email: neilgillespie@mfi.net
Enclosures
No: _______________________
IN THE
____________________
vs.
vs.
Other Parties
Fake Parties
• All unknown spouse parties
• Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997 (the Trust terminated on February 2, 2015)
• Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997 (NONE)
CONSOLIDATED MOTIONS
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 age 61 suffering the infirmaries of aging, henceforth in the first
person, reluctantly appears pro se to save my home from wrongful foreclosure, and moves this
OPENING STATEMENT
I know my consolidated motion is highly unusual, but I believe it is in the interest of the
I HAVE TWO (2) PETITIONS CURRENTLY BEFORE THE U.S. SUPREME COURT
USSC Petition No. 17-7053 distributed for conference of February 16, 2018. USSC
Petition No. 17-7053 is a petition for writ of certiorari to the Florida Supreme Court case SC17-
Counsel of Record, of McCalla Raymer Leibert Pierce, filed a waiver of right of respondent
USSC Petition No. 17-7054 distributed for conference of February 16, 2018. USSC
Petition No. 17-7054 is a petition for writ of certiorari to the Florida Supreme Court case SC17-
Petition No. 17-7054 shows the respondent is not represented by counsel or anyone else.
MOTION 1
The Order in SC17-1361, entered November 14, 2017, appears at Exhibit 1, and states:
The petition for writ of prohibition is hereby denied as successive. See
Jenkins v. Wainwright, 322 So. 2d 477, 478 (Fla. 1975) (declaring that once a
petitioner seeks relief in a particular court by means of a petition for extraordinary
writ, he has picked his forum and is not entitled to a second or third opportunity for
the same relief by the same writ in a different court). Any motions or other
requests for relief are also denied. No rehearing will be entertained by this Court.
This is similar to the petition for writ of prohibition in USSC Petition No. 17-7054 distributed
for conference of February 16, 2018. The question for the Court, which petition should be denied
as “successive”. I believe USSC Petition No. 17-7054 is the successive petition, because my
petition in FSC SC17-1361 was filed directly in the Supreme Court of Florida two days before
my petition in USSC Petition No. 17-7054 was filed in the Florida 5thDCA. Both cases concern:
59259445 E-Filed 07/19/2017 08:05:57 PM, and was filed with the cross-outs, just as shown. I
have omitted all the supporting documents for the sake of economy, mostly time.
The Court already has my Florida 5thDCA petition in USSC Petition No. 17-7054,
submitted again here as Appendix B, which shows on the side, RECEIVED, 7/21/2017, 11:50
AM, Joanne P. Simmons, Fifth District Court of Appeal. The numbers across the top, Filing #
54774550 E-Filed 04/07/2017 09:38:57 AM, refer to my wrong filing in the trial court, which
failed to forward the misfiled petition as required by the Fla. Const, Art. V, Section 2 (a)
2
Clearly Filing # 59259445 E-Filed 07/19/2017 08:05:57 PM was in the Supreme Court of
Florida before it was RECEIVED, 7/21/2017, 11:50 AM, Joanne P. Simmons, Fifth District
Court of Appeal.
The docket in USSC Petition No. 17-7054 shows the respondent is not represented by
MOTION 2
For the reasons stated above in Motion 1, the Court may want to consolidate FSC SC17-
The docket in USSC Petition No. 17-7054 shows the respondent is not represented by
MOTION 3
The docket in USSC Petition No. 17-7054 shows the respondent is not represented by
counsel or anyone else. It appears the respondent has abandoned its interest in the case. The U.S.
Supreme Court rules do not provide for a default judgment, but Rule 55 of the Federal Rules of
3
MOTION 4
It has come to my attention that 5thDCA docket in 5D17-2273 (Exhibit 2) shows the
Florida Supreme Court only transferred the petition for review, but none of the appendices in my
Appendices, including 4 Affidavits, but the 5thDCA never got those documents to review.
MOTION 5
The reasons to grant a stay are set forth in my NOTICE OF CRMINAL COMPLAINT
4
Dear Special Agent In Charge Sporre:
Pursuant to Title 18 of the United States Code (U.S.C.), including but not limited to 18 U.S.C. §
371, I request you investigate the fraud or impairment of a legitimate government activity, the
FINAL JUDGMENT OF FORECLOSURE, in my residential federal Home Equity Conversion
Mortgage. The case is captioned Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al.
My HECM is a federally insured loan backed by the full faith and credit of the United States
Government. The FINAL JUDGMENT OF FORECLOSURE attempts to defraud the United
States Government, and myself as homeowner, as follows:
1. Omits the fact that on July 18, 2017 I was taken by ambulance to the hospital after
becoming sick during a non-jury trial on the foreclosure of my home. I was alone and without
counsel to represent me. Judge Craggs continued the trial without me and ruled for the bank.
2. Court records in case no. 2013-CA-000115 show that Judge Craggs continued the
nonjury foreclosure trial without me, and did not enter any of my documents into evidence.
3. Wrongly awarded the Plaintiff Filing Fees of $4,549.60. The actual amount is $1,065.50.
4. Wrongly awarded the Plaintiff’s counsel attorney’s fees of $19,109, which exceeds the
amount in the HUD Mortgagee Letter 2005-30; and exceeds the amount in the judiciary
foreclosure standard of $2,250 found in the HUD Mortgagee Letter 2013-38 by $16,859.
5
5. Plaintiff’s counsel wrongly filed this case as a commercial foreclosure for the purpose of
judge shopping, to keep off the backlog foreclosure docket presided over by retired judges, and
increase the time to litigate the case from 1 year to 5 years, to collect an additional $16,859.
6. I have not been lawfully served in this lawsuit, as reflected in the record.
The Final Judgment of Foreclosure, (Exhibit A) appears on the Clerk’s docket at DOC-477.
Paragraph 3 states that the Plaintiff is due Filing Fees of $4,549.60.
Principal $123,200.85
Attorney's fees
Finding as to reasonable
hourly rate: $175.00
Attorney's Fees Total $19,109.00
TOTAL $148,363.32
Gregory C. Harrell is General Counsel to David R. Ellspermann, Marion County Clerk of Court
& Comptroller. On 8/23/2017 @ 6.02 PM I emailed Mr. Harrell for records of the filing fees:
6
Regarding Filing Fees of $4,549.60 shown at paragraph 3, FINAL JUDGMENT OF
FORECLOSURE (attached), provide records for the Filing Fees of $4,549.60 claimed.
Was that money paid to the Clerk?
The Clerk's Office does not possess records supporting the plaintiff's having paid
$4,549.60 worth of filing fees, as referenced in the Final Judgment of Foreclosure in Case
No. 2013.CA.115.
My email chain with Mr. Harrell, as forwarded to the FBI Tampa Division on December 21,
2017 to tampa.division@ic.fbi.gov, appears at Exhibit B.
A certified copy of the Notice of Refund to McCalla Raymer appears as Exhibit C and shows:
Enclosed please find our check made payable to you in the amount of $12.00. Our-
records reflect we received payment of $1,077.50, of which $1,065.50 was applied in the
above-styled case. Therefore, the enclosed check is a refund of the balance.
If you should have any questions, please do not hesitate to contact our office.
7
Circuit Civil Division Marion County, Florida
P.O. Box 1030 By: __/s/_________________
Ocala, Florida 34478-1030 Deputy Clerk
A receipt August 28, 2017 for $6.00 for certified public records appears at Exhibit D by the
office of David R. Ellspermann Clerk of the Circuit and County Courts, Marion County Florida.
The Clerk’s receipt appearing at Exhibit D shows the foreclosure case parties:
Fraud upon the court is an egregious offense against the integrity of the judicial system
and is more than a simple assertion of facts in a pleading which might later fail for lack
of proof. Wells Fargo Bank, N.A. v. Reeves, 92 So. 3d 249, 252 (Fla. 1st DCA 2012).
The integrity of the civil litigation process depends on truthful disclosure of facts. A
system that depends on an adversary's ability to uncover falsehoods is doomed to failure,
which is why this kind of conduct must be discouraged in the strongest possible way. . . .
This is an area where the trial court is and should be vested with discretion to fashion the
apt remedy.” Cox v. Burke, 706 So. 2d 43, 47 (Fla. 5th DCA 1998).
The AFFIDAVIT OF NEIL J. GILLESPIE Re Non-Jury Home Foreclosure Trial July 18, 2017
appears at Exhibit E, and states at paragraph 2:
2. On July 18, 2017 I was taken by ambulance to the hospital after becoming sick during
a non-jury trial on the foreclosure of my home. I was alone and without counsel to
represent me. Presiding Judge Ann Melinda Craggs continued the trial without me and
ruled for the bank.
8
Attorney Justin R. Infurna, Esq., represents my brother Mark Gillespie in an appeal, see the
pleading at Exhibit G, filed Aug-11-2017 in 13-CA-115, "Defendant Mark Gillespie’s Verified
Motion To Vacate Final Judgment of Foreclosure and Cancel Sep-19-2017 Foreclosure Sale".
A foreclosure sale on my home was canceled by court order September 18, 2017 the Plaintiff’s
motion to cancel for a FEMA Moratorium due to Hurricane Irma, a declared natural disaster.
to inform the record that the case is open, at the highest level, the United States Supreme Court.
MORTGAGE FORECLOSURE.
CONSTITUTIONAL CHALLENGE
MORTGAGE PROGRAM, which, inter alia, violates due process under the Fifth and
Fourteenth Amendments, is void for vagueness, and violates § 10(b) of the 1934 S.E.C. Act.
RESPECTFULLY SUBMITTED
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
9
Filing # 64137053 E-Filed 11/14/2017 07:51:13 AM
Petitioner(s) Respondent(s)
A True Copy
Test:
two
Served:
1
https://edca.5dca.org/Docket.aspx?CaseID=64912
17-2273
NEIL J. GILLESPIE, INDIVIDUALLY , AND AS FORMER TRUSTEE (F.S CH. 736 PART III) OF THE
TERMINATED GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997
(TERMINATED TRUST)
vs
REVERSE MORTGAGE SOLUTIONS, INC.
Supreme Court
08/25/2017 SC SC17-1570 CASE DISMISSED
Disposition
Review sent to Supreme
08/23/2017 SC
Court
Notice of Appeal to
08/22/2017 Notice
Supreme Court
08/21/2017 Brief/Record Returned Records NO RECORD
08/21/2017 Mandate Disp. w/o Mandate
Order Denying Original
08/02/2017 Order
Petition
08/02/2017 Disposition Denied ON MERITS
2
No: - - - - - - - - - -
IN THE
vs.
PROOF OF SERVICE
I, Neil J. Gillespie, do swear or declare that on this date, February 12,2018, as required
by Supreme Court Rule 29 I have served the enclosed CONSOLIDATED MOTIONS on each
party to the above proceeding or that party's counsel, and on every other person required to be
served, by depositing an envelope containing the above documents in the United States mail
properly addressed to each of them and with first-class postage prepaid, or by delivery to a third
party commercial carrier for delivery within 3 calendar days.
Represented by: Curtis Alan Wilson, Esq., Florida Bar No. 77669
Orlando, FL 32801
Phone: 407-674-1850
Fax: 321-248-0420
Email: MRService@mrpllc.com
Email: MRService@mccalla.com
Email: MRService@mccallaraymer.com
I declare under penalty of perjury that the foregoing is true and correct.
NEIL J. GILLESPIE,
INDIVIDUALLY AND AS
FORMER TRUSTEE OF
THE TERMINATED
GILLESPIE FAMILY LIVING
TRUST AGREEMENT,
Petitioners,
PETITION NO. _____________
L.T. NO.: 2013-CA-00115
v.
• REVERSE MORTGAGE
SOLUTIONS, INC., [RMS]
• OAK RUN HOMEOWNERS
ASSOCIATION, INC.; [ORHA]
• UNITED STATES OF AMERICA,
ON BEHALF OF THE SECRETARY
OF HOUSING AND URBAN
DEVELOPMENT; [HUD or SECRETARY]
• ELIZABETH BAUERLE;
• MARK GILLESPIE;
• DEVELOPMENT & CONSTRUCTION
CORPORATION OF AMERICA; [DECCA]
• UNKNOWN SPOUSE OF ELIZABETH
BAUERLE; [n.k.a. Scott Bidgood)
• UNKNOWN SPOUSE OF MARK
GILLESPIE; [n.k.a. Joetta Gillespie]
• UNKNOWN SETTLERS/BENEFICIARIES
OF THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,1997; [NONE]
• UNKNOWN TRUSTEES, SETTLERS AND
BENEFICIARIES OF UNKNOWN SETTLERS/
BENEFICIARIES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED
APPENDIX A
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
Respondents.
____________________________/
1. Petitioner Neil J. Gillespie, individually, and as former Trustee (F.S. Ch. 736
Part III) of the terminated Gillespie Family Living Trust Agreement Dated
vulnerable adult, henceforth in the first person, reluctantly appears pro se, and
petitions this Court for a Writ of Prohibition to remove Marion County Circuit
Court Judge Ann Melinda Craggs (“Judge Craggs”) as judge in Lower Tribunal
No. 2013-CA-00115, Marion County Circuit Court, Fifth Judicial Circuit, Florida.
Jurisdiction
Section 4, District courts of appeal (b) Jurisdiction (3) A district court of appeal
may issue writs of mandamus, certiorari, prohibition, quo warranto, and other
2
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
(a) Applicability. This rule applies to those proceedings that invoke the
jurisdiction of the courts described in rules 9.030(a)(3), (b)(2), (b)(3), (c)(2),
and (c)(3) for the issuance of writs of mandamus, prohibition, quo warranto,
certiorari, and habeas corpus, and all writs necessary to the complete
exercise of the courts’ jurisdiction; and for review of non-final
administrative action.
(1) Caption. The name of the judge or lower tribunal shall be omitted
from the caption. The caption shall bear the name of the petitioner and
other parties to the proceeding in the lower tribunal who are not
petitioners shall be named in the caption as respondents.
(2) Parties. The judge or the lower tribunal is a formal party to the
petition for mandamus or prohibition and must be named as such in
the body of the petition (but not in the caption). The petition must be
served on all parties, including any judge or lower tribunal who is a
formal party to the petition.
3
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
(g) Petition. The caption shall contain the name of the court and the name
and designation of all parties on each side. The petition shall not exceed 50
pages in length and shall contain
If the petition seeks an order directed to a lower tribunal, the petition shall be
accompanied by an appendix as prescribed by rule 9.220, and the petition
shall contain references to the appropriate pages of the supporting appendix.
• Marion County Circuit Court Judge Ann Melinda Craggs (Judge Craggs), Fifth
Judicial Circuit, Florida, presiding in L.T. No. 2013-CA-00115;
• Marion County Circuit Court Case No. 2013-CA-00115;
• David R. Ellspermann, Marion County Clerk of Court & Comptroller;
• REVERSE MORTGAGE SOLUTIONS, INC.; [RMS]
• OAK RUN HOMEOWNERS ASSOCIATION, INC.; [ORHA]
• UNITED STATES OF AMERICA, ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT; [HUD or SECRETARY]
4
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
• ELIZABETH BAUERLE;
• MARK GILLESPIE;
• DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA;
[DECCA]
• UNKNOWN SPOUSE OF ELIZABETH BAUERLE; [n.k.a. Scott Bidgood)
• UNKNOWN SPOUSE OF MARK GILLESPIE; [n.k.a. Joetta Gillespie]
• UNKNOWN SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED FEBRUARY 10,1997; [NONE]
• UNKNOWN TRUSTEES, SETTLERS AND BENEFICIARIES OF
UNKNOWN SETTLERS/ BENEFICIARIES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997; [NONE]
• UNKNOWN TENANT IN POSSESSION 1 [NONE] and
• UNKNOWN TENANT IN POSSESSION 2 [NONE]
6. RULE 9.100(g)(1) the basis for invoking the jurisdiction of the court;
See ¶ 2; Fla. Const., Art. V, Sec. 4, (b)(3), Fla. R. App. Pro. 9.030(b)(3)
• Judge Craggs wrongly took issue with motions to disqualify her at the
Case Management held November 28, 2016; see,
5
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
22. The judge against whom an initial motion to disqualify us directed shall
determine only the legal sufficiency if the motion an shall not pass on the
truth of the facts alleged. Fla. R. Judicial Admin. 2.330(f).
23. No other reason for denial shall be stated, and an order of denial shall not
take issue with the motion. Fla. R. Judicial Admin. 2.330(f).
24. Accordingly, a judge may not rule on the truth of the facts alleged or
address the substantive issues raised by the motion but may only determine
the legal sufficiency of the motion. Knarich v. State, 866 So.2d 165 (Fla.
Dist. Ct. App. 2d Dist. 2004).
25. In determining whether the allegations that movant will not receive a fair
trial so as to disqualify a judge are sufficient, the facts alleged must be taken
as true (Frengel v. Frengel, 880 So.2d 763, Fla.App. 2 Dist.,2004), and must
be viewed from the movant's perspective. Siegel v. State, 861 So.2d 90,
Fla.App. 4 Dist., 2003.
26. Case law forbids trial judges to refute facts set forth in a motion to
disqualify, and their doing so will result in judicial disqualification
irrespective of the facial sufficiency of the underlying claim. Brinson v.
State, 789 So.2d 1125, Fla.App. 2 Dist., 2001.
27. A trial judge's attempt to refute charges of partiality thus exceeds the
scope of inquiry on a motion to disqualify and alone establishes grounds for
disqualification. J & J Industries, Inc. v. Carpet Showcase of Tampa Bay,
Inc., 723 So.2d 281, Fla.App. 2 Dist., 1998.
29. Once a motion for disqualification has been filed, no further action can
be taken by the trial court, even if the trial court is not aware of the pending
motion. Brown v. State 863 So.2d 1274, Fla.App. 1 Dist., 2004.
6
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
31. The court is required to rule immediately on the motion to disqualify the
judge, even though the movant does not request a hearing. Fuster-Escalona
v. Wisotsky, 781 So.2d 1063, Fla., 2000.
32. The rule places the burden on the judge to rule immediately, the movant is
not required to nudge the judge nor petition for a writ of mandamus. G.C. v.
Department of Children and Families, 804 So.2d 525 Fla.App. 5 Dist., 2002.
On November 28, 2016 at the start of the Case Management there were two
second motion to disqualify Judge Craggs would prevent her from ruling on the
first motion, thereby granting the motion to disqualify. The Judge is disqualified.
7
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
proceeding for which the court does not provide a record. But the Administrative
Office of the Court does not actually approve court reporters. There is no list of
Chief Judge Briggs has essentially banned the use of court reporters order to make
a record of a court proceeding for which the court does not provide a record.
prevent a party who wishes to make a record, from making a record, of a court
proceeding for which the court does not provide a record. Without an official
record, a corrupt trial judge is free to falsify what happened. Whenever any officer
of the court commits fraud during a proceeding in the court, he/she is engaged in
"fraud upon the court". “Fraud upon the court is fraud which is directed to the
judicial machinery itself...” Bulloch v. United States, 763 F.2d 1115, 1121 (10th
Cir. 1985). This issue is separate from disqualification and will appear separately.
8
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
“Fraud upon the court is an egregious offense against the integrity of the
judicial system and is more than a simple assertion of facts in a pleading which
might later fail for lack of proof.” Wells Fargo Bank, N.A. v. Reeves, 92 So. 3d
249, 252 (Fla. 1st DCA 2012). “The integrity of the civil litigation process depends
uncover falsehoods is doomed to failure, which is why this kind of conduct must
be discouraged in the strongest possible way. . . . This is an area where the trial
court is and should be vested with discretion to fashion the apt remedy.” Cox v.
This is a foreclosure case, and governed by the Backlog Foreclosure Program, see
Administrative Order No. A-2016-22.
9
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
(h) Prior Rulings. Prior factual or legal rulings by a disqualified judge may
be reconsidered and vacated or amended by a successor judge based upon a
motion for reconsideration, which must be filed within 20 days of the order
of disqualification, unless good cause is shown for a delay in moving for
reconsideration or other grounds for reconsideration exist.
10
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
10. It has long been said in the courts of this state that “every litigant is entitled
to nothing less than the cold neutrality of an impartial judge.” State ex rel. Davis v.
Parks, 194 So. 613, 615 (Fla. 1939). (Opening citation in the Opinion filed
December 17, 2014, Third District Court of Appeal, No. 3D14-2625, Lower
http://www.floridasupremecourt.org/decisions/ethics/Code_Judicial_Conduct.pdf
http://www.floridasupremecourt.org/decisions/ethics/index.shtml
http://www.floridasupremecourt.org/decisions/ethics/canon3.shtml
12. Fla. R. Jud. Admin. 2.330(b) “Parties. Any party, including the state, may
move to disqualify the trial judge assigned to the case on grounds provided by rule,
(b) Parties. Any party, including the state, may move to disqualify the trial
judge assigned to the case on grounds provided by rule, by statute, or by the
Code of Judicial Conduct.
13. Under Canon 3E(1) of the Code of Judicial Conduct for the State of Florida,
11
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
Canon 3E(1). Under this rule, a judge is disqualified whenever the judge's
impartiality might reasonably be questioned, regardless of whether any of
the specific rules in Section 3E(1) apply.
14. Disqualification under Canon 3E(1) does not require actual bias or actual
15. Rule 2.330. Disqualification of Trial Judges. Fla. R. Jud. Admin. states in
relevant part,
12
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
Conclusion
Wherefore, the petition for writ of prohibition should be granted, together with
such other and further relief as the Court deems just and equitable.
I certifying that this petition complies with the font requirements of Rule 9.100(l).
See attached letter July 19, 2017 to Kristina Samuels, Career Staff Attorney
to the Clerk's Office, Supreme Court of Florida, Cc. Hon. John Tomasino,
Supreme Court of Florida.
NOTICE OF SERVICE:
I HEREBY CERTIFY the following names were served today July 19, 2017
on the Florida Portal by email.
NEIL J. GILLESPIE,
INDIVIDUALLY AND AS
FORMER TRUSTEE OF
THE TERMINATED
GILLESPIE FAMILY LIVING
TRUST AGREEMENT,
REVERSE MORTGAGE
SOLUTIONS, INC., ET AL,
___________________________________/
INDEX TO APPENDICIES
Thank you for your email reply. The Portal’s “Notice of Service of Court Documents” on April
7, 2017 for “Petition for Writ of Prohibition - A Case of Original Jurisdiction, To Remove
Marion County Circuit Court Judge Ann Melinda Craggs” is attached, showing E-service
recipients selected for service, including the Plaintiff’s counsel, and red arrows next to the
following names served:
In the past when I served Clerk Ellspermann a pleading for the 5th DCA, the Clerk’s office
would prepare the filing to send to the 5th DCA, certify the pleading, etc. For some reason the
Clerk failed to do so this time. Even so, Joanne P. Simmons, Clerk 5thDCA, and Hon. Jay P.
Cohen, Chief Judge 5thDCA were each served on the portal, so they had notice that I intended to
serve “Petition for Writ of Prohibition - A Case of Original Jurisdiction, To Remove Marion
County Circuit Court Judge Ann Melinda Craggs” on April 7, 2017.
Unfortunately the 5th DCA has not reviewed “Petition for Writ of Prohibition - A Case of
Original Jurisdiction, To Remove Marion County Circuit Court Judge Ann Melinda Craggs”.
Shall I submit the petition to the Florida Supreme Court for review, and do so nunc pro tunc to
April 4, 2017? Today I provided you and Mr. Tomasino Cc. my email to Clerk Simmons,
showing a defective link on the eDCA, the 5th DCA’s obscure and difficult e-filing system.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop Tel. 352-854-7807
Ocala, Florida 34481 Email: neilgillespie@mfi.net
Page 1 of 9
Neil Gillespie
From: <eservice@myflcourtaccess.com>
Sent: Friday, April 07, 2017 9:39 AM
Attach: Petition - Pages 1 to 355.pdf
Subject: SERVICE OF COURT DOCUMENT - CASE NUMBER 422013CA000115CAAXXX
Notice of Service of Court Documents
Filing Information
Filing #: 54774550
Filing Time: 04/07/2017 09:38:57 AM ET
Filer: Neil J. Gillespie 352-854-7807
Court: Fifth Judicial Circuit in and for Marion County, Florida
Case #: 422013CA000115CAAXXX
Court Case #: 13CA000115AX
Case Style: REVERSE MORTGAGE SOLUTIONS INC VS BAUERLE, ELIZABETH
Documents
Title File
Jaxsfforeclosures@hud.gov
lydia.a.brush@gmail.com
4/7/2017
Page 2 of 9
4/7/2017
Page 3 of 9
Michalene.YRowells@hud.gov
USAFLM.HUD.Disclaimers@usdoj.gov
mark.gillespie@att.net
4/7/2017
Page 4 of 9
Unknown neilgillespie@mfi.net
Settlors/Beneficiaries of
The Gillespie Fa
Michalene.YRowells@hud.gov
4/7/2017
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KMC1@mccallaraymer.com
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USAFLM
danielle.parsons@mccallaraymer.co
m
KEL hearings@kelattorneys.com
This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not
receive email.
Thank you,
The Florida Courts E-Filing Portal
4/7/2017
Page 1 of 2
Neil Gillespie
Mr. Gillespie,
Service via the Portal is sufficient for a writ petition filed in this Court.
Thanks,
Kristina
From: Neil Gillespie [mailto:neilgillespie@mfi.net]
Sent: Monday, July 17, 2017 10:57 PM
To: Kristina Samuels <samuelsk@flcourts.org>
Cc: John A. Tomasino <tomasino@flcourts.org>
Subject: Re: Thanks for your message, but I don't understand.
Importance: High
Ms. Samuels,
What do you mean by "service on the respondent(s) identified in your writ petition."
Are you saying service on the portal is not enough? Judge Craggs was served on the portal. That is
supposed to be good service to any lawyer with an email address on their Florida Bar profile, which is
where I got Judge Craggs’ email address. Judge Craggs was served on the portal.
I still plan to file with the Supreme Court in this matter. I have been too sick to do much lately. But
since I own my home, and don't owe any money on it, perhaps bankruptcy is the answer at this point.
7/19/2017
Page 2 of 2
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7/19/2017
Filing # 54774550 E-Filed 04/07/2017 09:38:57 AM
NEIL J. GILLESPIE,
I)JDIVIDUALLY AND AS
FORMER TRUSTEE OF
THE TERMINATED
TRUST AGREEMENT,
Petitioners,
PETITION NO. _
L.T. NO.: 2013-CA-00115
v.
• REVERSE MORTGAGE
• ELIZABETH BAUERLE;
• MARK GILLESPIE;
• DEVELOPMENT & CONSTRUCTION
• UNKNOWN SETTLERS/BENEFICIARIES
APPENDIX B
AGREEMENT DATED FEBRUARY 10,1997; [NONE]
Respondents.
1. Petitioner Neil 1. Gillespie, individually, and as former Trustee (F.S. Ch. 736
Part III) of the terminated Gillespie Family Living Trust Agreement Dated
vulnerable adult, henceforth in the first person, reluctantly appears pro se, and
petitions this Court for a Writ of Prohibition to remove Marion County Circuit
Court Judge Ann Melinda Craggs ("Judge Craggs") as judge in Lower Tribunal
No. 2013-CA-OOl15, Marion County Circuit Court, Fifth Judicial Circuit, Florida.
Jurisdiction
Section 4, District courts of appeal (b) Jurisdiction (3) A district court ofappeal
may issue writs ofmandamus, certiorari, prohibition, quo warranto, and other
2
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
(a) Applicability. This rule applies to those proceedings that invoke the
jurisdiction of the courts described in rules 9.030(a)(3), (b)(2), (b)(3), (c)(2),
and (c)(3) for the issuance of writs of mandamus, prohibition, quo warranto,
certiorari, and habeas corpus, and all writs necessary to the complete
exercise of the courts' jurisdiction; and for review of non-final
administrative action.
(1) Caption. The name of the judge or lower tribunal shall be omitted
from the caption. The caption shall bear the name of the petitioner and
other parties to the proceeding in the lower tribunal who are not
petitioners shall be named in the caption as respondents.
(2) Parties. The judge or the lower tribunal is a formal party to the
petition for mandamus or prohibition and must be named as such in
the body of the petition (but not in the caption). The petition must be
served on all parties, including any judge or lower tribunal who is a
formal party to the petition.
(g) Petition. The caption shall contain the name of the court and the name
and designation of all parties on each side. The petition shall not exceed 50
pages in length and shall contain
If the petition seeks an order directed to a lower tribunal, the petition shall be
accompanied by an appendix as prescribed by rule 9.220, and the petition
shall contain references to the appropriate pages of the supporting appendix.
• Marion County Circuit Court Judge Ann Melinda Craggs (Judge Craggs), Fifth
Judicial Circuit, Florida, presiding in L.T. No. 20l3-CA-00115;
• Marion County Circuit Court Case No. 2013-CA-OOl15;
• David R. Ellspermann, Marion County Clerk of Court & Comptroller;
• REVERSE MORTGAGE SOLUTIONS, INC.; [RMS]
• OAK RUN HOMEOWNERS ASSOCIATION, INC.; [ORHA]
• UNITED STATES OF AMERICA, ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPIVIENT; [HUD or SECRETARY]
4
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
• ELIZABETH BAUERLE;
• MARK GILLESPIE;
• DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA;
[DECCA]
• UNKNOWN SPOUSE OF ELIZABETH BAUERLE; [n.k.a. Scott Bidgood)
• UNKNOWN SPOUSE OF MARK GILLESPIE; [n.k.a. Joetta Gillespie]
• UNKNOWN SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMIL Y
LIVING TRUST AGREEMENT DATED FEBRUARY 10,1997; [NONE]
• UNKNOWN TRUSTEES, SETTLERS AND BENEFICIARIES OF
UNKNOWN SETTLERS/ BENEFICIARIES OF THE GILLESPIE FANIILY
LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997; [NONE]
• UNKNOWN TENANT IN POSSESSION 1 [NONE] and
• UNKNOWN TENANT IN POSSESSION 2 [NONE]
6. RULE 9.1 OO(g)( 1) the basis for invoking the jurisdiction of the court;
See' 2; Fla. Const., Art. V, Sec. 4, (b )(3), Fla. R. App. Pro. 9.030(b )(3)
• Judge Craggs wrongly took issue with motions to disqualify her at the
Case Management held November 28, 2016; see,
22. The judge against whom an initial motion to disqualify us directed shall
determine only the legal sufficiency if the motion an shall not pass on the
truth of the facts alleged. Fla. R. Judicial Admin. 2.330(f).
23. No other reason for denial shall be stated, and an order of denial shall not
take issue with the motion. Fla. R. Judicial Admin. 2.330(f).
24. Accordingly, a judge may not rule on the truth of the facts alleged or
address the substantive issues raised by the motion but may only determine
the legal sufficiency of the motion. Knarich v. State, 866 So.2d 165 (Fla.
Dist. Ct. App. 2d Dist. 2004).
25. In determining whether the allegations that movant will not receive a fair
trial so as to disqualify a judge are sufficient, the facts alleged must be taken
as true (Frengel v. Frengel, 880 So.2d 763, Fla.App. 2 Dist.,2004), and must
be viewed from the movant's perspective. Siegel v. State, 861 So.2d 90,
Fla.App. 4 Dist., 2003.
26. Case law forbids trial judges to refute facts set forth in a motion to
disqualify, and their doing so will result injudicial disqualification
irrespective of the facial sufficiency of the underlying claim. Brinson v.
State, 789 So.2d 1125, Fla.App. 2 Dis!., 200 I.
27. A trial judge's attempt to refute charges of partiality thus exceeds the
scope of inquiry on a motion to disqualify and alone establishes grounds for
disqualification. J & J Industries, Inc. v. Carpet Showcase of Tampa Bay,
Inc., 723 SO.2d 281, Fla.App. 2 Dist., 1998.
29. Once a motion for disqualification has been filed, no further action can
be taken by the trial court, even if the trial court is not aware of the pending
motion. Brown v. State 863 So.2d 1274, Fla.App. I Dist., 2004.
31. The court is required to rule immediately on the motion to disqualify the
judge, even though the movant does not request a hearing. Fuster-Escalona
v. Wisotsky, 781 SO.2d 1063, Fla., 2000.
32. The rule places the burden on the judge to rule immediately, the movant is
not required to nudge the judge nor petition for a writ of mandamus. G.c. v.
Department of Children and Families, 804 So.2d 525 Fla.App. 5 Dist., 2002.
On November 28,2016 at the start of the Case Management there were two
second motion to disqualify Judge Craggs would prevent her from ruling on the
first motion, thereby granting the motion to disqualify. The Judge is disqualified.
Administrative Order A-20 10-0 l-C states a court reporter must be approved
proceeding for which the court does not provide a record. But the Administrative
Office of the Court does not actually approve court reporters. There is no list of
Chief Judge Briggs has essentially banned the use of court reporters order to make
a record of a court proceeding for which the court does not provide a record.
prevent a party who wishes to make a record, from making a record, of a court
proceeding for which the court does not provide a record. Without an official
record, a corrupt trial judge is free to falsify what happened. Whenever any officer
of the court commits fraud during a proceeding in the court, he/she is engaged in
"fraud upon the court". "Fraud upon the court is fraud which is directed to the
judicial machinery itself..." Bulloch v. United States, 763 F.2d 1115, 1121 (10th
Cir. 1985). This issue is separate from disqualification and will appear separately.
"Fraud upon the court is an egregious offense against the integrity of the
judicial system and is more than a simple assertion of facts in a pleading which
might later fail for lack of proof." Wells Fargo Bank, N.A. v. Reeves, 92 So. 3d
249,252 (Fla. 1st DCA 2012). "The integrity of the civil litigation process depends
uncover falsehoods is doomed to failure, which is why this kind of conduct must
be discouraged in the strongest possible way.... This is an area where the trial
court is and should be vested with discretion to fashion the apt remedy." Cox v.
This is a foreclosure case, and governed by the Backlog Foreclosure Program, see
Administrative Order No. A-2016-22.
(h) Prior Rulings. Prior factual or legal rulings by a disqualified judge may
be reconsidered and vacated or amended by a successor judge based upon a
motion for reconsideration, which must be filed within 20 days of the order
of disqualification, unless good cause is shown for a delay in moving for
reconsideration or other grounds for reconsideration exist.
10
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
10. It has long been said in the courts of this state that "every litigant is entitled
to nothing less than the cold neutrality of an impartial judge." State ex reI. Davis v.
Parks, 194 So. 613, 615 (Fla. 1939). (Opening citation in the Opinion filed
12. Fla. R. Jud. Admin. 2.330(b) "Parties. Any party, including the state, may
move to disqualify the trial judge assigned to the case on grounds provided by rule,
(b) Parties. Any party, including the state, may move to disqualify the trial
judge assigned to the case on grounds provided by rule, by statute, or by the
Code of Judicial Conduct.
13. Under Canon 3E(1) of the Code of Judicial Conduct for the State of Florida ,
"A judge shall disqualify himself or herself where his or her impartiality
might reasonably be questioned, including but not limited to...". Canon 3E(l)
11
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
Canon 3E( 1). Under this rule, a judge is disqualified whenever the judge's
impartiality might reasonably be questioned, regardless of whether any of
the specific rules in Section 3E( 1) apply.
14. Disqualification under Canon 3E(l) does not require actual bias or actual
15. Rule 2.330. Disqualification of Trial Judges. Fla. R. Jud. Admin. states in
relevant part,
12
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 201 7
To Remove Marion County Circuit Court Judge Ann Melinda Craggs
Conclusion
Wherefore, the petition for writ of prohibition should be granted, together with
such other and further relief as the Court deems just and equitable.
I certifying that this petition complies with the font requirements of Rule 9.100(1).
M~
Neil J. Gillespie, individually, and former Trustee,
F.S. Ch. 736 Part TTT, of the Terminated Trust
Phone: 352-854-7807
Email: neilgillespie@mfi.net
13
I hereby certify the names below were served by email April 7, 2017 through the Florida
Portal, unless otherwise expressly stated. May include additional names on the Florida Portal.
Matthew Minter, Marion County Attorney Kathy Bryant, Marion Co. BOCC
AIL Member Canvassing Board AO M-2016-8 Marion County Canvassing Board
Email: Matthew.Minter@marioncountyfl.org Email: Kathy.bryant@marioncountyfl.org
Governor Rick Scott Jeffrey S. Bragg, Secretary, DOEA
Email: Rick.Scott@eog.myflorida.com Email: braggj@elderaffairs.org
Executive Office of the Governor Department of Elder Affairs
400 S Monroe Street 4040 Esplanade Way
The Capitol Tallahassee, Florida 32399-7000
Tallahassee, FL 32399-6536 http.velderaffairs.state. t1. us/index. php
Office: 850-717-9310
Fax: 850-922-1278 Richard Prudorn, Deputy Sec/Chief Staff
William Nicholson Spicola Email: Prudornrrnrgjelderaffairs.org
General Counsel for Governor Rick Scott
Email: william.spicola@eog.myf1orida.com Sarah K Halsell, DOEA
Email: Halsellsk@elderaffairs.org
Florida Supreme Court
500 South Duval Street Madeleine Nobles, Director
Tallahassee, Florida 3230 I Email: noblesm@elderaffairs.org
Email: e-file@1t1courts.org
Email: supremecourt@f1courts.org Florida Public Information Office
http://www.floridasupremecourt.org/ Email: publieinformation@f1courts.org
I hereby certify the names below were served by email April 7, 2017 through the Florida Portal,
unless otherwise expressly stated. May include additional names on the Florida Portal.
Email: joe@joenegron.com
Email: richard@richardcorcoran.com
Florida Senate
Florida House of Representatives
Tallahassee, FL 32399-1100
Tallahassee, Florida 32399-1300
Tel: 850-487-5229
Tel: 850-717-5037
https.r. www.flsenate.gov/OtTices/President
http.. www.myfloridahousc.gov/
Washington, DC 20551
Via U.S. Mail, First Class or Priority
Email: OIGHotline@frb.gov
CFPB Complaint No. 120914-000082
1700 G Street, NW
Enforcement Division
Washington, DC 20002
Consumer Finance Protection Bureau
Email: Richard.Cordray@cfpb.gov
Email: Stcfanie.Goldblatt@:cfpb.gov
Chief Judge, Fifth Judicial Circuit Circuit Court Judge, Fifth Judicial Circuit
Neil J. Gillespie and Mark. Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997: Terminated Trust, February 2, 2015
8092 SW 11 5th Loop
Ocala, FL 34481
Email: neilgillespie@mCi.net
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly
I. My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on
2. I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,
My Florida residential homestead property is the sole asset of the Trust, property address
8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I
have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.
Lot(s) I, Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the Public Records of
Marion County, Florida.
4. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I transferred
5. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, J hereby
terminate the Trust as provided by Fla. Stat. § 736.0414, and Article V, the Trust. The total fair
market value of the assets of the Trust is zero. The Trust served its intended purpose of
After notice to the quali fied beneficiaries, the trustee of a trust consisting of trust property
The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
f"l,..'bl
tl-.'U II~O SID 0"1'10
by Neil J. Gillespie, who is personally known to me, or who has produced as
identification and states that he is the person who made this affidavit and that its contents are
r
Notary Public Stale 01 Florida
(SEAL) Angelica Cruz
My Commission EE067986 NOTAR UBLIC
h
Expires 0212712015
Print Na
j(9 Cr0L
of Notary Public
STATE OF FLORIDA
NEIL 1. GILLESPIE,
INDIVIDUALLY AND AS
FORMER TRUSTEE OF
THE TERMINATED
GILLESPIE FAMILY LIVING
TRUST AGREEMENT,
REVERSE MORTGAGE
SOLUTIONS, INC., ET AL,
INDEX TO APPENDICIES
consumer of legal and court services affecting interstate commerce, a consumer of personal,
family and household goods and services, consumer transactions in interstate commerce, a
person with disabilities, and a vulnerable adult, henceforth in the first person, reluctantly appears
pro se, and gives notice of filing CRMINAL COMPLAINT TO FBI SPECIAL AGENT IN
APPENDIX 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY the names below were served on the Portal today February 12, 2018.
Neil J. Gillespie owns the property free and clear at 8092 SW 115th Loop, Ocala, FL 34481;
Email: neilgillespie@mfi.net; the Trust terminated on February 2, 2015, see attached. The
HECM reverse mortgage is void (borrower incompetence), and voidable (§ 10(b) 1934 Act).
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997; the Trust terminated on February 2, 2015, see attached; c/o
Neil J. Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Email: neilgillespie@mfi.net
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997; NONE; the Trust Terminated February 2, 2015, see attached; c/o Neil J.
Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Email: neilgillespie@mfi.net
Neil J. Gillespie
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly
I. My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on
2. I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,
\ \
oeZ=::).. My Florida residential homestead property is the sole asset of the Trust, property address
..
" ~:.
8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I
have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.
Lot(s) ], Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through I ]2, inclusive of the Public Records of
Marion County, Florida.
4. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I transferred
the remaining trust property to the beneficiary, myself, on January 14, 2015.
5. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I hereby
terminate the Trust as provided by Fla. Stat. § 736.0414, and Article V, the Trust. The total fair
market value of the assets of the Trust is zero. The Trust served its intended purpose of
6. Pursuant to Fla. Stat. § 736.0414 Modification or tenn ination of uneconomic trust. (1)
After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property
The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
1=l--'bL
- ti~u II~O SlD o;tl 0
by Neil J. Gillespie, who is personally known to me, or who has produced . as
. identification and· states that he is. the person who made this affidavit and that its co~tents are
r
Notary Public State of Florida
(SEAL) Angelica Cruz
My Commission EE067986 NOTAR UBLIC
Expires 02127/2015
~(?JI(s2. Lr0L
Print Na of Notary PublIc
Pursuant to Title 18 of the United States Code (U.S.C.), including but not limited to 18 U.S.C. §
371, I request you investigate the fraud or impairment of a legitimate government activity, the
FINAL JUDGMENT OF FORECLOSURE, in my residential federal Home Equity Conversion
Mortgage. The case is captioned Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al.
My HECM is a federally insured loan backed by the full faith and credit of the United States
Government. The FINAL JUDGMENT OF FORECLOSURE attempts to defraud the United
States Government, and myself as homeowner, as follows:
1. Omits the fact that on July 18, 2017 I was taken by ambulance to the hospital after
becoming sick during a non-jury trial on the foreclosure of my home. I was alone and without
counsel to represent me. Judge Craggs continued the trial without me and ruled for the bank.
2. Court records in case no. 2013-CA-000115 show that Judge Craggs continued the
nonjury foreclosure trial without me, and did not enter any of my documents into evidence.
3. Wrongly awarded the Plaintiff Filing Fees of $4,549.60. The actual amount is $1,065.50.
Eric W. Sporre February 12, 2018
Special Agent in Charge Page - 2
FBI Tampa Division
4. Wrongly awarded the Plaintiff’s counsel attorney’s fees of $19,109, which exceeds the
amount in the HUD Mortgagee Letter 2005-30; and exceeds the amount in the judiciary
foreclosure standard of $2,250 found in the HUD Mortgagee Letter 2013-38 by $16,859.
5. Plaintiff’s counsel wrongly filed this case as a commercial foreclosure for the purpose of
judge shopping, to keep off the backlog foreclosure docket presided over by retired judges, and
increase the time to litigate the case from 1 year to 5 years, to collect an additional $16,859.
6. I have not been lawfully served in this lawsuit, as reflected in the record.
The Final Judgment of Foreclosure, (Exhibit A) appears on the Clerk’s docket at DOC-477.
Paragraph 3 states that the Plaintiff is due Filing Fees of $4,549.60.
Principal $123,200.85
Attorney's fees
Finding as to reasonable
hourly rate: $175.00
Attorney's Fees Total $19,109.00
TOTAL $148,363.32
Eric W. Sporre February 12, 2018
Special Agent in Charge Page - 3
FBI Tampa Division
Gregory C. Harrell is General Counsel to David R. Ellspermann, Marion County Clerk of Court
& Comptroller. On 8/23/2017 @ 6.02 PM I emailed Mr. Harrell for records of the filing fees:
The Clerk's Office does not possess records supporting the plaintiff's having paid
$4,549.60 worth of filing fees, as referenced in the Final Judgment of Foreclosure in Case
No. 2013.CA.115.
My email chain with Mr. Harrell, as forwarded to the FBI Tampa Division on December 21,
2017 to tampa.division@ic.fbi.gov, appears at Exhibit B.
A certified copy of the Notice of Refund to McCalla Raymer appears as Exhibit C and shows:
Enclosed please find our check made payable to you in the amount of $12.00. Our-
records reflect we received payment of $1,077.50, of which $1,065.50 was applied in the
above-styled case. Therefore, the enclosed check is a refund of the balance.
If you should have any questions, please do not hesitate to contact our office.
A receipt August 28, 2017 for $6.00 for certified public records appears at Exhibit D by the
office of David R. Ellspermann Clerk of the Circuit and County Courts, Marion County Florida.
The Clerk’s receipt appearing at Exhibit D shows the foreclosure case parties:
Fraud upon the court is an egregious offense against the integrity of the judicial system
and is more than a simple assertion of facts in a pleading which might later fail for lack
of proof. Wells Fargo Bank, N.A. v. Reeves, 92 So. 3d 249, 252 (Fla. 1st DCA 2012).
The integrity of the civil litigation process depends on truthful disclosure of facts. A
system that depends on an adversary's ability to uncover falsehoods is doomed to failure,
which is why this kind of conduct must be discouraged in the strongest possible way. . . .
This is an area where the trial court is and should be vested with discretion to fashion the
apt remedy.” Cox v. Burke, 706 So. 2d 43, 47 (Fla. 5th DCA 1998).
Eric W. Sporre February 12, 2018
Special Agent in Charge Page - 5
FBI Tampa Division
The AFFIDAVIT OF NEIL J. GILLESPIE Re Non-Jury Home Foreclosure Trial July 18, 2017
appears at Exhibit E, and states at paragraph 2:
2. On July 18, 2017 I was taken by ambulance to the hospital after becoming sick during
a non-jury trial on the foreclosure of my home. I was alone and without counsel to
represent me. Presiding Judge Ann Melinda Craggs continued the trial without me and
ruled for the bank.
Attorney Justin R. Infurna, Esq., represents my brother Mark Gillespie in an appeal, see the
pleading at Exhibit G, filed Aug-11-2017 in 13-CA-115, "Defendant Mark Gillespie’s Verified
Motion To Vacate Final Judgment of Foreclosure and Cancel Sep-19-2017 Foreclosure Sale".
A foreclosure sale on my home was canceled by court order September 18, 2017 the Plaintiff’s
motion to cancel for a FEMA Moratorium due to Hurricane Irma, a declared natural disaster.
to inform the record that the case is open, at the highest level, the United States Supreme Court.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
attachments/enclosures
IN THE CIRCUIT COURT OF ToHE FIFTH
JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
MARION COUNTY
Plaintiff,
vs.
~::.:
UNKNOWN SPOUSE OF MARK ~r~..?~~:~
.._,
I
rll
GILLESPIE; UNKNOWN SPOUSE OF NEIL (;",., I
0) C:Jr
o~:
J. GILLESPIE; UNKNOWN c::::: u) ~<rTl
SETTLERSIBENEFICIARIES OF THE z~ .' ~ 7)[1
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1'-;
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:x
GILLESPIE FAMILY LIVING TRUST ~ ...... 0
:r
AGREEMENT DATED FEBRUARY 10,1997;
UNKNOWN·TRUSTEES, SETTLERS AND
~~~ w
BENEFICIARIES OF UNKNOWN
SETTLERS/BENEFICIARIES OF THE
GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,1997;
UNKNOWN ·TENANT IN POSSESSION 1
and UNKNOWN TENANT IN POSSESSION
2,
Defendants.
- - - - - - - - - - - - - - -/
2. Plaintiff holds a lien for the total sum in this Final Judgment, which is superior
and prior to the right, title interest, claims of lien, encumbrances and equities of the following
Defendants: NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997; OAK
RUN HOMEOWNERS ASSOCIATION, INC.; UNITED STATES OF AMERICA, ON
BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT;
ELIZABETH BAUERLE; MARK GILLESPIE; NEIL J. GILLESPIE; DEVELOPMENT &
CONSTRUCTION CORPORATION OF AMERICA; UNKNOWN SPOUSE OF ELIZABETH
BAUERLE; UNKNOWN .SPOUSE OF MARK GILLESPIE; UNKNOWN
SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10,1997; UNKNOWN TRUSTEES, SETTLERS AND BENEFICIARlES
OF UNKNOWN SETTLERSIBENEFICIARIES OF THE GILLESPIE FAMILY LIVING
TRUST AGREEMENT DATED FEBRUARY 10, 1997, and all others claiming through or on
behalf of said defendants, on the following real property:
Lot(s) 1, Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the Public Records of
Marion County, Florida.
a/kJa 8092 SW 115th Loop, Ocala, FL 34481
Principal $123,200.85
554373·1 12-0212] -2
TOTAL $148,363.32
5. If tl1e total sum with interest at the rate described in paragraph 3 and all costs
accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at
public sale on ~f)tEMbEC /q ,20fl, at 11:00 AM to the highest bidder for cash,
I
except as prescribed in paragraph 6, at 11 :00 AM electronically at
www.Marion.realforeclose.comin accordance with section 45.031, Florida Statutes.
6. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed
for them by the clerk if Plaintiff is not the purchaser of the property for sale, provided, however,
that the purchaser of the property for sale shall be responsible for the documentary stamps
payable on the certificate of title. If Plaintiff is the purchaser, the clerk shall credit Plaintiffs bid
with the total sum with interest and costs accruing subsequent to this judgment, or such part of it,
as is necessary to pay the bid in full.
7. On filing the Certificate of Title, the clerk shall distribute the proceeds of the sale,
so far as they are sufficient, by paying: first, all of Plaintiffs costs; second, documentary stamps
affixed to the certificate; third, Plaintiffs attorneys' fees; fourth, the total sum due to Plaintiff,
less the items paid, plus interest at the rate prescribed in paragraph 3 from the date of this
jud~ent to the date of the sale; and by retaining any remaining amount pending the further
Order of this court.
554373] 12..02]21-2
9. The right of redemption of any Defendant is terminated upon the issuance of the
Certificate of Sale by the clerk of court pursuant to the provisions of Florida Statutes 45.0315.
10. The Court retains jurisdiction of this action to enter further Orders that are proper
including, without limitation, writs of possession, deficiency judgments and re-foreclosure of
omitted parties and to determine the amount of assessments due pursuant to Florida Statutes
718.116 or 720.3085, if applicable.
11. In the event the instant case is dismissed by the Plaintiff, the Clerk of Court is
hereby directed to release any original loan documents filed with the Court to counsel of record
for Plaintiff.
Plaintiff hereby assigns the bid to Federal National Mortgage Association and the
Certificate of Title shall be issued to said entity.
5543731 12-02121-2
2017.
5543731 12-02121-2
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
neiIgillespie@lnfi.net
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust AgreeJnent dated
February 10,1997
8092 SW 115th Loop
Ocala, FL 34481
Unknown Settlors/Beneficiaries ofThe Gillespie Family Living Trust Agreement dated February 10, 1997
8092 SW 11 5th Loop
Ocala, FL 34481
Neil Gillespie
Mr. Gillespie:
Docket #5 in Case No. 13.CA.115 is a 1-page Notice of Refund to McCalla Raymer, dated 1/9/13,
which reflects that plaintiff's counsel paid the Clerk's Office a total of $1,077.50 for filing fees,
summons issuance fees, and recording/indexing costs. Because plaintiff's counsel paid $1.077.50
but only actually owed $1,065.50, our office sent them a refund of $12.00. A certified copy of the
aforementioned notice can be made available to you for $3.00.
Sincerely,
Greg Harrell
Gregory C. Harrell
General Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
gharrell@marioncountyclerk.org
Mr. Harrell,
Thank you for your prompt reply. Kindly provide records showing what the plaintiff actually paid
in filing fees in Case No. 2013.CA.115, and to whom the money was paid.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
----- Original Message -----
From: Greg Harrell
To: neilgillespie@mfi.net
Sent: Thursday, August 24, 2017 2:30 PM
Subject: Re: Real Auction bidder accounts; PRR for Filing Fees of $4,549.60
Mr. Gillespie:
B
12/21/2017
Page 2 of 2
The Clerk's Office does not possess records supporting the plaintiff's having paid $4,549.60
worth of filing fees, as referenced in the Final Judgment of Foreclosure in Case No.
2013.CA.115.
Gregory C. Harrell
General Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
gharrell@marioncountyclerk.org
I am in receipt of your inquiry below and we are looking into it. I will follow-up with you as
soon as I have an answer for you.
Gregory C. Harrell
General Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
gharrell@marioncountyclerk.org
Mr. Harrell,
Thank you for this information.
Regarding Filing Fees of $4,549.60 shown at paragraph 3, FINAL JUDGMENT OF
FORECLOSURE (attached), provide records for the Filing Fees of $4,549.60 claimed. Was that
money paid to the Clerk?
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
12/21/2017
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT,
vs.
Case Number: 13-00115-CA
NEIL J GILLESPIE
ORLANDO, FL 32801
Enclosed please find our check made payable to you in the amount of $12.00. Our-records reflect we
received payment of$I,077.50, of which $1,065.50 was applied in the above-styled case. Therefore, the
enclosed check is a refund of the balance.
If you should have any questions, please do not hesitate to contact our office.
MAILING ADDRESS
Marion County Clerk's Office
Clerk of Circuit Court,
MarionCo nty, Florida f'40
Circuit Civil Division
P.O. Box 1030
B:
e ty Clerk
OU
Ocala, Florida 34478-1030
Comments:
D
AFFIDAVIT OF NEIL J. GILLESPIE
STATE OF FLORIDA )
) SS.:
COUNTY OF MARION )
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon oath
1. I anl over the age of eighteen and am competent to testify as to the facts and nlatters set
forth herein. I make this affidavit upon personal knowledge unless otherwise expressly stated.
2. On July 18, 2017 I was taken by ambulance to the hospital after becoming sick during a
non-jury trial on the foreclosure of my home. I was alone and without counsel to represent me.
Presiding Judge Ann Melinda Craggs continued the trial without me and ruled for the bank.
4. The case is Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al., Marion County
Florida Circuit Court, Case No. 2013-CA-000115.
5. I am 61 years-old. I am eligible for benefits under the Older Americans Act (OAA).
6. Social Security found I became disabled on January 17, 1992. I am eligible for protection
under the Americans With Disabilities Act (ADA), and Section 504 of the Rehabilitation Act.
8. On July 18, 2017 I appeared at 10:00 AM for a non-jury trial on the foreclOSUre of my
home before Judge Ann Melinda Craggs ("Judge Craggs") in Courtroom 3B, on the Third Floor
of the Marion County Judicial Center, 110 NW First Avenue, Ocala, FL 34475.
9. Judge Craggs refused to permit telephonic attendance in 3 Orders entered May 3, 2017,
"5. Personal attendance of the parties and counsel is mandatory. Telephone attendance is
not permitted. If a Defendant elects not to appear in Court, the Court will assume that the
E
AFFIDAVIT OF NEIL J. GILLESPIE
Defendant who does not appear does not contest the entry of the Final Judgment of
Foreclosure." (Paragraph 5 is the same in all three motions entered by Judge Craggs)
10. Google Maps shows the Marion County Judicial Center is 13.9 miles from my home and
takes 29 minutes to drive.
11. I drove my 1990 Dodge minivan to the Marion County Judicial Center on July 18, 2017
for a non-jury foreclosure trial. My 27 year-old vehicle does not have working air conditioning.
12. On July 18, 2017 I filed Emergency Petition to Cancel Non-Jury Trial 10:00 AM Today
("Emergency Petition") Florida Supreme Court Case No. SC 17-1321 Filing # 59132663 E-Filed
07/18/2017 at 07:24: 12 AM. My 20 page Emergency Petition is attached hereto as Exhibit A.
13. Judge Craggs acknowledged in open court at the non-jury foreclosure trial that she
received my Emergency Petition, which was served to her on the Florida Portal.
Appendix A: Defendants' Emergency Motion To Cancel Hearing July 18, 2017 (sic)
Appendix B: Defendants' Notice of Filing U.S. Supreme Court Petition and Response
Appendix 1: Order Dismissal Mar-31-2017, Notice Appeal Mar-27-2017.
Appendix 2: Notice of Filing Federal Civil Rights Complaint
Appendix 3: U.S. Supreme Court Clerk's reply letter Mr. Higgins Oct-19-2016
Appendix 4: Affidavit of Neil Gillespie re Dr. Kassels Jun-12-20 17
Appendix 5: Affidavit of Neil J. Gillespie Traumatic Brain Injury (TBI)
Appendix 6: Affidavit of Neil J. Gillespie_HECM Age Limits
Appendix 7: Affidavit of Neil J. Gillespie - Defenses and Claims in Recoupment
15. I arrived a few minutes early for the 10:00 AM non-jury trial on foreclosure of my home.
I was hot and dehydrated when I arrived from the 29 nlinute drive without air conditioning.
16. The bailiffs who were present at the non-jury trial were Captain Tom Terrell and Deputy
Thorn Moats of the Marion County Sheriffs Office (MCSO), according to the email of general
counsel R. Gregg Jerald, Staff Commander, Sheriffs Executive Staft: Meso.
17. When the non-jury foreclosure trial commenced shortly after 10:00 AM on July 18, 2017,
I made a spoken motion to disqualify Judge Craggs for wrongly sending mail to me the day
before that belonged to my sister, Elizabeth Bauerle, n.k.a. Elizabeth Bidgood, and her unknown
spouse, n.k.a. Scott Bidgood, who live at 7926 SW 112TH LN, Ocala, FL 34476-9164.
18. Judge Craggs denied my spoken motion to disqualify her without providing a reasonable
amount of time to reduce my spoken motion to disqualify to writing. Rogers v. State, 630 So. 2d
513 (Fla. 1993). As soon as I said "I move to disqualify you for" Judge Craggs said "denied"
without even hearing my grounds to disqualify her.
2
AFFIDAVIT OF NEIL 1. GILLESPIE
19. I made a second spoken motion to disqualify Judge Craggs for currently presiding over
two cases related to the criminal prosecution of Elizabeth Bauerle (nee Gillespie) who was
arrested for Aggravated Assault with a Deadly Weapon; Battery, against me on August 5, 2006.
20. Judge Hale R. Stancil presided over State of Florida v. Elizabeth Bauerle, 2006-CF
003274. Judge Craggs presided over two injunctions, 2006-DR-03991 and 2006-DR-4110.
21. Again, Judge Craggs denied my spoken motion to disqualify her without providing a
reasonable amount of time to reduce my spoken motion to disqualify to writing. Rogers v. State
22. During the non-jury foreclosure trial I objected to evidence entered by the Plaintiff,
specifically an Adjustable Rate Note (Home Equity Conversion) with an altered Direct
Endorsement Allonge payable to Bank of America, N.A. without recourse, The Allonge had the
date crossed out with another date added without initials. None of the borrowers who signed the
Note were eligible to make a Home Equity Conversion Mortgage, or HECM reverse mortgage.
• The only Borrower Penelope Gillespie was incompetent due to Alzheimer's Disease.
• Signer Neil J. Gillespie, Trustee, was not old enough to make a HECM reverse mortgage.
• Signer Mark Gillespie, Trustee, was not old enough to make a HECM reverse mortgage.
• The trust shall not be a party to the Loan Agreement. (4235.1 REV-l Section 4-5 A. 3)
11. The Non-Jury trial is set for two hours, which is far beyond my ability to attend due
to disability, including:
12. The Preface to the June 21, 2017 Fannie Mae Single-Family Reverse Mortgage
Servicing Manual appears at Exhibit 4 with the cover page, and states:
For HECM loans, the servicer must follow all applicable requirements of the
HECM program found in the Department of Housing and Urban
Development (HUD) Handbook 4235.1 REV-I: Home Equity Conversion
Mortgages, Handbook 4330.1 REV-5: Administration of Insured Home
Mortgages, all related HUD Mortgagee Letters, and all other guidance
provided by HUD. This Manual includes requirements for HECMs that
Fannie Mae imposes as a result of its purchase and securitization of those
mortgage loans and is not intended to contradict HUD's requirements. In the
event that this Manual and guidance provided by HUD are conflicting, the
servicer must follow HUD's requirements.
13. The HUD Reverse Mortgage Handbook 4235.1 REV-l Sections 4-4,4-5,4-6
3
AFFIDAVIT OF NEIL J. GILLESPIE
Non-Jury Trial July 18, 2017
4-4 A. The borrower's age. All borrowers must be at least 62 years old
and the HUDNA Addendum (Form HUD 92900-A). The lender should request
evidence of the ages of all borrowers, and accept all reasonable forms of evidence.
On June 5, 2008 HECM borrower Penelope Gillespie was age 77; Neil Gillespie was age
52; and Mark Gillespie was age 49, see
payment plan.
mortgage will not become due and payable, provided that one
signed the mortgage loan application, the bank did not care, it wanted $$$$$$,
see, APPENDIX 7 AFFIDAVIT OF NEIL J. GILLESPIE - DEFENSES AND
CLAIMS IN RECOUPMENT
24. Throughout the non-jury trial I told Judge Craggs that I wanted counsel to represent me.
I told Judge Craggs I had a right to assistance of counsel under the federal Older Americans Act,
(OAA). But Judge Craggs said no and denied my request for counsel.
25. 15 or 20 minutes into the 2 hour non-jury trial my face became hot. I could feel my health
and strength declining. I asked for water. A bailiff / deputy brought me a small bottle of water. I
splashed water on my face to revive myself. I made a intemperate remark to a bailiff / deputy.
26. The bailiff / deputy asked if I was in distress. I responded yes and asked him to call 911.
The bailiff / deputy led me out of the courtroom to await the arrival of the ambulance.
27. Records provided by Marion County Fire Rescue appear at Exhibit B, and show,
Notarized Medical Record and Information Release July 20,2017 for Neil J. Gillespie
28. Records provided by Ocala Regional Medical Center appear at Exhibit C and show,
29. Court records in case no. 2013-CA-OOOI15 show that Judge Craggs continued the non-
jury foreclosure trial without me, and did not enter any of my documents into evidence.
6
Filing # 59132663 E-Filed 07/18/2017 07:24:12 AM
NEIL J. GILLESPIE,
INDIVIDUALLY AND AS
FORMER TRUSTEE OF
THE TERMINATED
GILLESPIE FAMILY LIVING
TRUST AGREEMENT,
Petitioner,
CASE NO.: ____________
v. LT: 2013-CA-000115
Marion County Circuit Civil
REVERSE MORTGAGE
SOLUTIONS, INC.,
Respondent.
_________________________________/
vulnerable adult, henceforth in the first person, reluctantly appears pro se, and files
1. On July 14, 2017 at 5:43 PM, Marion County Circuit Judge Ann Craiggs
A
EMERGENCY PETITION TO CANCEL NON-JURY TRIAL 10:00 AM TODAY
Trial set for 10:00 AM today July 18, 2017 in Courtroom 3B, Third Floor of the
federal Home Equity Conversion Mortgage [12 USC § 1715z–20; 24 CFR Part
206] also called a HECM reverse mortgage. I own my home free and clear.
(7) May issue writs of prohibition to courts and all writs necessary to the
complete exercise of its jurisdiction.
(8) May issue writs of mandamus and quo warranto to state officers and state
agencies.
(9) May, or any justice may, issue writs of habeas corpus returnable before
the supreme court or any justice, a district court of appeal or any judge
thereof, or any circuit judge.
2
EMERGENCY PETITION TO CANCEL NON-JURY TRIAL 10:00 AM TODAY
7. Judge Craggs is fond of beginning each Order with a date count. The Order
appearing at Exhibit 1 begins “A. This case has been pending for 1,647 days.”
9. 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
U.S. District Court, Ocala Division, Middle District Florida, No. 5:13-cv-00058-
WTH-PRL, but for misconduct between federal judicial officers and Plaintiff’s
10. The Florida Bar failed to competently complete its inquiry in Danielle
11. The Non-Jury trial is set for two hours, which is far beyond my ability to
3
EMERGENCY PETITION TO CANCEL NON-JURY TRIAL 10:00 AM TODAY
12. The Preface to the June 21, 2017 Fannie Mae Single-Family Reverse
Mortgage Servicing Manual appears at Exhibit 4 with the cover page, and states:
For HECM loans, the servicer must follow all applicable requirements of the
HECM program found in the Department of Housing and Urban
Development (HUD) Handbook 4235.1 REV-1: Home Equity Conversion
Mortgages, Handbook 4330.1 REV-5: Administration of Insured Home
Mortgages, all related HUD Mortgagee Letters, and all other guidance
provided by HUD. This Manual includes requirements for HECMs that
Fannie Mae imposes as a result of its purchase and securitization of those
mortgage loans and is not intended to contradict HUD’s requirements. In the
event that this Manual and guidance provided by HUD are conflicting, the
servicer must follow HUD’s requirements.
13. The HUD Reverse Mortgage Handbook 4235.1 REV·1 Sections 4·4, 4-5, 4-6
4-4 A. The borrower's age. All borrowers must be at least 62 years old
when they sign the Uniform Residential Loan Application (URLA)
and the HUD/VA Addendum (Form HUD 92900-A). The lender should
request evidence of the ages of all borrowers, and accept all
reasonable forms of evidence.
On June 5, 2008 HECM borrower Penelope Gillespie was age 77; Neil Gillespie
was age 52; and Mark Gillespie was age 49, see
4
EMERGENCY PETITION TO CANCEL NON-JURY TRIAL 10:00 AM TODAY
signed the mortgage loan application, the bank did not care, it wanted $$$$$$, see,
set for 10:00 AM today July 18, 2017 in Courtroom 3B, Third Floor of the Marion
County Judicial Center, 110 NW First Avenue, Ocala, FL 34475. In the alternative,
5
EMERGENCY PETITION TO CANCEL NON-JURY TRIAL 10:00 AM TODAY
In lieu of granting this petition, I hereby move the Court to grant me a reprieve to
I HEREBY CERTIFY the following names were served today July 18, 2017
on the Florida Portal by email.
6
Filing # 59061351 E-Filed 07/14/2017 05:43:02 PM
____________________________________/
THIS CAUSE having come before the Court upon the Defendant’s, Neil J. Gillespie, Emergency
Motion to Cancel Hearing July 18, 2017, filed July 14, 2017, the Court having reviewed the file and being
B. The Defendant alleges as a ground for canceling the Non-Jury Trial scheduled for July
17, 2017, that the Unites States Supreme Court, by letter dated July 10, 2017, “requests a corrected
C. The July 10, 2017, document from the Supreme Court of the United States, Office of the
Clerk, is not an order. Furthermore, the Clerk did not request a corrected petition. Rather, the Clerk
listed the reasons the Defendant’s petition for writ of certiorari was returned to the Defendant. Finally,
the Clerk’s letter informs the Defendant that, “unless the petition is submitted to this Office corrected
from within 60 days of the date of this letter, the petition will not be filed.”
D. Second, in paragraph 11 of the motion, the Defendant alleges the Plaintiff “has not fully
complied with my discovery request made March 30, 2017…” The Plaintiff filed Responses to
Defendant’s Request for Production on May 9, 2017. The Defendant has failed to timely file any
objection to the sufficiency of the Plaintiff’s response not any timely motion to compel. This Court’s
Order Granting Motion for Extension of Time and Order Rescheduling Non-Jury Trial, entered May 3,
1
Revere Mortgage Solutions, Inc. v. Gillespie
2013-CA-115-S
Order Denying Defendant’s Emergency Motion to Cancel Hearing July 18, 2017
2017, provided, in part, the scheduling of this Non-jury Trial does not preclude either party from
filing a timely dispositive motion and having that motion set for hearing.
E. Next, the Defendant alleges and raises the sufficiency of the address being utilized for
Elizabeth Bauerle, n/k/a Elizabeth Bidgood. First, it is not this Defendant’s right to raise issues for
another party. Second, Elizabeth Bauerle n/k/a Elizabeth Bidgood, through counsel, consented to the
entry of a judgment in favor of the Plaintiff on July 5, 2013 (filed July 8, 2013).
F. The Defendant’s allegations concerning the U.S. Postal Service are without merit.
1. The Defendant’s, Neil J. Gillespie, Emergency Motion to Cancel Hearing July 18, 2017,
2. The Non-jury Trial on the present Complaint and all defenses asserted, if any, will
be held before Judge Ann Melinda Craggs in Courtroom 3B, Third Floor, Marion County
Judicial Center, 110 NW First Avenue, Ocala, FL 34475 on July 18, 2017 at 10:00 a.m. Two
DONE AND ORDERED at Ocala Florida this 14th day of July, 2017.
_______________________________________
Ann Melinda Craggs
Circuit Judge
2
Revere Mortgage Solutions, Inc. v. Gillespie
2013-CA-115-S
Order Denying Defendant’s Emergency Motion to Cancel Hearing July 18, 2017
appearance is less than 7 days; if you are hearing impaired or voice impaired,
call 711.
CERTIFICATE OF SERVICE
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997; Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, EX 76123
3
Revere Mortgage Solutions, Inc. v. Gillespie
2013-CA-115-S
Order Denying Defendant’s Emergency Motion to Cancel Hearing July 18, 2017
By:____________________________________
Maria I. Berrios
Judicial Assistant
4
Accu-Chek Compass Neil J. Gillespie
Birth Date: 3/19/1956
One Page Summary Report
7/4/2017 - 7/17/2017
Trend Graph
600
550
500
450
400
bG (mg/dL)
350
300
250
200
150
100
50
0
7/4 7/5 7/6 7/7 7/8 7/9 7/10 7/11 7/12 7/13 7/14 7/15 7/16 7/17
2017
Average Day
600
550
500
450
400
350
bG (mg/dL)
300
250
200
150
100
50
0
Night Before After Before After Before After Evening
Breakfast Breakfast Lunch Lunch Dinner Dinner
Target Range
Overall
Below 11.1% (1 test)
STATE OF FLORIDA )
) SS.:
COUNTY OF MARION )
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon oath
deposes upon personal knowledge and states:
1. I am over the age of eighteen and am competent to testify as to the facts and matters set
forth herein. I make this affidavit upon personal knowledge unless otherwise expressly stated.
2. On June 29, 2017 at 11 :48 PM I deposited in the U.S. Mail, Dunnellon Post Office,
11432 N Williams St., Dunnellon FL, my petition for writ of certiorari to the U.S. Supreme
Court, with imbedded Rule 13.5 Application, and copy of my petition to the Plaintiffs counsel.
3. The next morning, June 30, 2017, I telephoned at 9:05 AM the Dunnellon Post Office
and spoke with Postmaster Wyatt Blankenship about mailing issues I encountered the previous
night. The Postmaster interrupted and asked "that was one going to the Supreme Court?"
5. After arriving at the Dunnellon Post Office later that morning, I felt sick. Postmaster
Blankenship called Dunnellon Fire Rescue, who evaluated me. I asked for an EKG heart test.
Fire Rescue offered to transport me to the hospital, which I declined against medical advice.
6. A copy of the Dunnellon Fire Rescue Patient Evaluation Report for me is attached.
S~
~CE ""
NOTARY PUBLIC
---STATE OF FLORIDA
• Comm# FF958317
Expires 218/2020
3
CITY OF'nUNNELLON FIREIRESCUE REPORT PATIENT EVALUATION
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DATE (, /3 o /B DAY M T W TH(E)s SU CITY / COUNTY ---
CASE # ---------------:~-
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PARENT OR GUARDIAN
4
June 21, 2017
Preface
This Reverse Mortgage Loan Servicing Manual (Manual) incorporates all Fannie
Mae servicing-related guidelines for reverse mortgage loans. While the Manual
sets forth specific servicing requirements unique to reverse mortgage loans,
servicers must continue to comply with servicing requirements in the Fannie Mae
Single-Family Servicing Guide (Servicing Guide) for reverse mortgage loans to
the extent such requirements are not in conflict with the provisions contained in
the Manual. In the event that the Manual and the Servicing Guide are conflicting,
the servicer must follow the requirements in the Servicing Guide. If Fannie Mae
does not specifically address a particular servicing responsibility, Fannie Mae’s
standard requirements apply for reverse mortgage loans.
This Manual covers the standard requirements for servicing reverse mortgage
loans for one- to four-unit properties owned or securitized by Fannie Mae. On
behalf of Fannie Mae, servicers are servicing two reverse mortgage loan
products: conventional Home KeeperTM mortgage loans and FHA HECM loans.
For HECM loans, the servicer must follow all applicable requirements of the
HECM program found in the Department of Housing and Urban Development
(HUD) Handbook 4235.1 REV-1: Home Equity Conversion Mortgages, Handbook
4330.1 REV-5: Administration of Insured Home Mortgages, all related HUD
Mortgagee Letters, and all other guidance provided by HUD. This Manual
includes requirements for HECMs that Fannie Mae imposes as a result of its
purchase and securitization of those mortgage loans and is not intended to
contradict HUD’s requirements. In the event that this Manual and guidance
provided by HUD are conflicting, the servicer must follow HUD’s requirements.
In addition, special rules apply in Texas for both HECMs and Home Keeper
mortgage loans as noted in Fannie Mae Lender Letters and HUD Mortgagee
Letters. Information on how to service these reverse mortgage loans may be
obtained through the servicer’s Servicing Representative or on Fannie Mae’s
website.
HUD > Program Offices > Chief Human Capital Officer > Hudclips > Handbooks > HUDClips -> Housing Handbooks > HUDClips -> Home Equity
Conversion Mortgages (4235.1)
Handbook WORD
Transmittal PDF
Table of Contents PDF
Chapter 1: General Information PDF
Chapter 2: Borrower Counseling PDF
Chapter 3: Property Analysis PDF
Chapter 4: Mortgage Credit Analysis PDF
Chapter 5: Calculation of Payments PDF
Chapter 6: Closing and Endorsement PDF
Chapter 7: Payment of Mortgage Insurance Premiums PDF
Chapter 8: Assignments PDF
Chapter 9: HUD Servicing PDF
APPENDIX 1: Model Mortgage Form PDF
APPENDIX 2: Model Fixed Rate Note Form PDF
APPENDIX 3: Model Adjustable Rate Note Form PDF
APPENDIX 4: Model Second Mortgage Form PDF
APPENDIX 5: Model Fixed Rate Second Note Form PDF
APPENDIX 6: Model Adjustable Rate Second Note Form PDF
APPENDIX 7: Home Equity Conversion Loan Agreement PDF
APPENDIX 8: Repair Rider to Loan Agreement PDF
APPENDIX 9: Condominium Rider PDF
APPENDIX 10: Planned Unit Development Rider PDF
APPENDIX 11: Shared Appreciation Rider PDF
APPENDIX 12: Shared Appreciation Allonge PDF
APPENDIX 13: Home Equity Conversion Mortgage
PDF
Payment Plan
APPENDIX 14: Notice to the Borrower PDF
APPENDIX 15: Instructions for Completing the URLA and
PDF
Addendum
APPENDIX 16: Certificate of Borrower Counseling PDF
APPENDIX 17: Periodic Disclosure of Interest Rate
PDF
Change for HECM
APPENDIX 18: CHUMS Input Worksheet PDF
APPENDIX 19: Shared Appreciation Worksheet PDF
APPENDIX 20: Factors for Determining Borrower's
PDF
Principal Limit
APPENDIX 21: Home Equity Conversion Mortgage PDF
APPENDIX 22: Payment Calculation Formulas
APPENDIX 23: Instructions For Estab. A PAD Account For
PDF
PDF
5
HECM Loans
7/16/2017 8:41 AM
support the borrower's eligibility. The local HUD Office can
provide information regarding when the three-year waiting period
has passed or that the social security number in CAIVRS is an
error.
___________________________________________________________________________
4-4
4235.1 REV-1
___________________________________________________________________________
(4-4)
If, after a review of these requirements, the lender finds that the
borrower is not eligible, the borrower should be notified of his or
her ineligibility, and the application process must cease. The lender
cannot charge the borrower for any services performed after this
determination.
4-5HOME EQUITY CONVERSION MORTGAGES FOR PROPERTY HELD IN TRUST. HUD will
insure HECMs on property held in the name of an inter vivos trust,
also known as a living trust. In general, a living trust is created
during the lifetime of a person [as opposed to a testamentary trust
which is created by the person's will after his/her death]. A living
trust is created when the owner of property conveys his/her property
to a trust for his or her own benefit or for that of a third party
[the beneficiaries]. The trust holds legal title and the beneficiary
holds equitable title. The person may name him/herself as the
beneficiary. The trustee is under a fiduciary responsibility to hold
and manage the trust assets for the beneficiary. The trustee's
responsibilities are set out in a trust agreement.
___________________________________________________________________________
4-5
4235.1 REV-1
___________________________________________________________________________
(4-5A.)
2)The trustee must sign the mortgage, and the mortgage must be
signed by each borrower/beneficiary if necessary to create a
valid first mortgage. The borrower/beneficiary must sign
the Note and Loan Agreement. The lender may require the
signature of the trustee on the Note or the signature of the
borrower/beneficiary on the mortgage.
___________________________________________________________________________
4-6
4235.1 REV-1
___________________________________________________________________________
___________________________________________________________________________
4-7
4235.1 REV-1
___________________________________________________________________________
(4-6)
___________________________________________________________________________
4-8
4235.1 REV-1
Page 1 of 2
Neil Gillespie
From: <noreply@myflcourtaccess.com>
Sent: Tuesday, July 18, 2017 8:35 AM
Subject: Filing 59132663 Processed - Appellate Courts
Dear Neil J. Gillespie:
This email verifies the processing of your PETITIONS PETITION FOR WRIT OF PROHIBITION; MOTIONS OTHER MOTION NOT
LISTED; NOTICES NOTICE OF FILING; NOTICES OTHER NOTICE NOT LISTED; NOTICES OTHER NOTICE NOT LISTED; NOTICES
APPENDIX/ATTACHMENT TO NOTICE; PETITIONS APPENDIX/ATTACHMENT TO PETITION; PETITIONS APPENDIX/ATTACHMENT
TO PETITION; PETITIONS APPENDIX/ATTACHMENT TO PETITION; PETITIONS APPENDIX/ATTACHMENT TO PETITION; MOTIONS
MOTION TO APPEAR FORMA PAUPERIS by the Office of the Clerk, Supreme Court of Florida.
Status: Docketed
Case Number:
Documents
# Document Type Status Filing Date Not Docketed Reason Your Attachment
EMERGENCY PETITION TO
PETITIONS PETITION FOR
1 Accepted 07/18/2017 CANCEL NON-JURY TRIAL
WRIT OF PROHIBITION
10.00 AM TODAY.pdf
APPENDIX A DEFENDANTS'
MOTIONS OTHER MOTION EMERGENCY MOTION TO
2 Accepted 07/18/2017
NOT LISTED CANCEL HEARING JULY 18,
2017.pdf
APPENDIX B DEFENDANTS’
NOTICE OF FILING U.S.
3 NOTICES NOTICE OF FILING Accepted 07/18/2017
SUPREME COURT PETITION
AND RESPONSE.pdf
APPENDIX 1 Order Dismissal
NOTICES OTHER NOTICE NOT
4 Accepted 07/18/2017 Mar-31-2017, Notice Appeal
LISTED
Mar-27-2017.pdf
APPENDIX 2 NOTICE OF
NOTICES OTHER NOTICE NOT
5 Accepted 07/18/2017 FILING FEDERAL CIVIL
LISTED
RIGHTS COMPLAINT.pdf
NOTICES APPENDIX 3 US Supreme
6 APPENDIX/ATTACHMENT TO Accepted 07/18/2017 Court Clerk's reply letter Mr
NOTICE Higgins Oct-19-2016.pdf
PETITIONS APPENDIX 4 Affidavit of Neil
7 APPENDIX/ATTACHMENT TO Accepted 07/18/2017 Gillespie re Dr. Kassels Jun-
PETITION 12-2017.pdf
PETITIONS APPENDIX 5, AFFIDAVIT OF
8 APPENDIX/ATTACHMENT TO Accepted 07/18/2017 NEIL J GILLESPIE Traumatic
PETITION Brain Injury (TBI).pdf
PETITIONS APPENDIX 6 AFFIDAVIT OF
9 APPENDIX/ATTACHMENT TO Accepted 07/18/2017 NEIL J. GILLESPIE_HECM AGE
PETITION LIMITS.pdf
APPENDIX 7 AFFIDAVIT OF
PETITIONS
NEIL J. GILLESPIE - DEFENSES
10 APPENDIX/ATTACHMENT TO Accepted 07/18/2017
AND CLAIMS IN
PETITION
RECOUPMENT.pdf
MOTIONS MOTION TO APPEAR MOTION TO PROCEED IN
11 Accepted 07/18/2017
FORMA PAUPERIS FORMA PAUPERIS.pdf
Fees
# Description Amount
$300.00
OTHER ORIGINAL PROCEEDING
7/18/2017
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, Supreme Court of
Florida, at Support or 850 488 0125.
Thank you,
Office of the Clerk
Supreme Court of Florida
7/18/2017
Marion County
Board of County.Comptissioners
Fire Rescue Lr
Marion County Fire R scue is hereby authorized and requested by lie,' C;;;· tle-s e· . IS, er'
to furnish to e/~( s:
C, tf~ 1~ , all medical records or other-information r~gardir
treatment, ca re and/or hospitalization of (Ue i ( ,) e c9 i I/e.5£1~ . . · · !·:the,:patient, pr-oVi
by Marion County Fire Rescue to the patient, including but not limited to.~e~fical records or.loformatton-.concen
injuries, illness, disease, psychological or psychiatric impairment(s), drug abuse, alcoholism~.slfk~i:~Jf.anemlaJ
acquired immunodeficiency syndrome (AIDS), or test(s) for, or infection wIth,· human im·munodef:ic)e~y virus (HI
any other medical records or Information from the patient's hospital visit/a~mission, primary phytl~~~b~ . ~ny at
medical provider that the Marlon County Fire Rescue has In its custody or under its control.· . ~.~ .. ::~. :~:'.', ....
I also acknowledge that I have received Marion County Fire Rescue's Summarized No~ice of Privacy Practices•
. *******************************************************************************************,
. .
********************************************************************************************
State of :2lu\ ~ J
County of mcv\).D n
Sworn to (or affirmed) and subscribed before me thlS~O dayof ~ MOnth Year
byIVhJ6-'~
Name of Person Mak1ng Statement
·)tT1mlsslon II FF 07957'
"Meeting Needs by Exceeding Expectations" , .os • • "~-
www.marioncountyfl.org
RevIsed 9/2'
Patient Care Report Neil Gillespie
Marion County Fire Rescue
OCALA, FL 34471-9101
Run Number: 3605798
At Patient Side Scene Transfer Transporting At Destination Destination Transfer In Service Cancel
10:31 07-18-17 10:4707-18-17 10:58 07-18-17 11:3707-18-17 12:02 07-18-17
Air Med.Arrival
PATIENT INFORMATION
Name: Neil Gillespie DOB: 03/19/1956 (61 yrs) Home Country: United States
SSN: 160-52-5117 Sex: Male Home Address: 8092 SW 115TH LOOP
Ethnicity: Weight: 300.00 Ibs 136.08 Kgs OCALA,MARION, FL 34481
OCALA, FL 34471-9101
Run Number: 3605798
Medications
Patient
ETOH/Drug use: None Reported
PATIENT ASSESSMENT
Head Normal
Face Normal
Neck Normal
Pelvis Normal
Chest/Lungs Normal
External/Skin Dry:
Warm
Left 2nd (Index) Finger Normal
Left 3rd (Middle) Finger Normal
Speech Normal:
Strength-Normal :
Strength-Symmetric
PROVIDER IMPRESSIONS
Primary Impression: MALAISE Secondary Impressions: *No Other Complaint (Adult)
VITAL SIGNS
Respiratory
07/18/2017 10:35 No 202/108 113, Strong, 18 Normal, 98% Not Applicable 349 E4 + V5 + M6 =15
Automated Cuff, Regular Regular
Left arm
GCS has legitimate values without
interventions such as intubation and
sedation
Temp=99.5 F (37.50 C) Skin Temp=Normal Skin Color=Normal Skin Moisture=Normal Lung Sounds Left=Normal BS Lung Sounds
Right=Normal BS Cap. Refill=Normal
Level of Consciousness: Alert; Pain Scale=O; Pain Scale Type=Numeric (0-10);
Heart Rate Measurement=Electronic Monitor - Pulse Oximeter
Rescuenet -ePCR Page 2 of9
Patient Care Report Neil Gillespie
Marion County Fire Rescue
OCALA, FL 34471-9101
Run Number: 3605798
Temp=Not ApplicableSkin Temp=Normal Skin Color=Normal Skin Moisture=Normal Lung Sounds Left=Normal BS Lung Sounds
Right=Normal BS Cap. Refill=Normal
Level of Consciousness: Alert; Pain Scale=O; Pain Scale Type=Numeric (0-10);
Heart Rate Measurement=Electronic Monitor - Cardiac
Taken by: McCartney, Sarah
07/18/2017 10:54 No 158191 100, Strong, 31 Rapid, 96% 31mm Hg Not Applicable E4 + V5 + M6 =15
Automated Cuff, Regular Regular
Left arm
GCS has legitimate values without
interventions such as intubation and
sedation
Temp=Not ApplicableSkin Temp=Normal Skin Color=Normal Skin Moisture=Normal Lung Sounds Left=Normal BS Lung Sounds
Right=Normal BS Cap. Refill=Normal
Level of Consciousness: Alert; Pain Scale=O; Pain Scale Type=Numeric (0-10);
Heart Rate Measurement=Electronic Monitor - Cardiac
Taken by: McCartney, Sarah
TREATMENT SUMMARY
Successful? : Yes
OCALA, FL 34471-9101
Run Number: 3605798
Successful' Yes
ADDITIONAL COMMENTS
R62 dispatched IMA to the Marion County Courthouse. Upon arrival, we were directed to the third 'floor. 61 yom is sitting on the floor speaking with the OFD
crew. Pt clc of general malaise. Pt relays that he feels this way when he gets too hot, and he does not have A IC in his car. Pt walked to the stretcher. Pt
monitored enroute to Ocala Regional. 500 cc bolus of NS given. Bed delay on arrival. Pt then assigned to Triage holding. Pt walked to exam chair. Pt report
and TOC given to Jason RN.
( MISCELLANEOUS
OCALA, FL 34471-9101
Run Number: 3605798
SIGNATURES
In!! Who signed Reason Unable to Sign
07/18/2017 11 :20 Accept Treatment and Transport Self - Gillespie, Neil
I agree to the treatment provided and request that payment of authorized Medicare IMedicaid andlor other insurance benefits be made to Marion County Fire
Rescue I Marion County Board of County Commissioners for any services furnished to me. I understand that I am financially responsible for the services
and supplies provided to me by Marion County Fire Rescue, regardless of my insurance coverage, and in some cases, may be responsible for an amount in
addition to that which was paid by my insurance. I authorize and direct any holder of medical, insurance, billing or other relevant information about me to
release such information to Marion County Fire Rescue and its billing agents, the Centers for Medicare and Medicaid Services, and lor any other payers or
insurers, and their respective agents or contractors, as may be necessary to determine these or other benefits payable for any services provided to me by
Marion County Fire Rescue, now, in the past, or in the future. I also authorize Marion County Fire Rescue to obtain medical, insurance, billing and other
relevant information about me from any party, database or other source that maintains such information. I agree to assume full financial responsibility for
payment of all charges not covered by my insurance carrier as well as any collection andlor attorney's fees as allowed by law.
Notice of Privacy Practices Acknowledgment: by signing below, the signer acknowledges that Marion County Fire Rescue has provided a copy and lor the
opportunity to review its Notice of Privacy Practices. If you have additional questions or comments or require additional copies of our privacy practices, or if
you would like to obtain additional information regarding your privacy rights, please contact our Privacy Officer at: County Fire Rescue 2631 SE Third street
Ocala, FI. 34471. You may also contact our Privacy Officer by phone at: 352 291-8000 or on our website
http://www.marioncountyfl.org/departments-agencies/departments-a-n/fire-rescue/billing.
I hereby accept responsibility of Neil Gillespie from crew members McCartney, Sarah, Morgan, Gronn.
OCALA, FL 34471-9101
Run Number: 3605798
CREW INFORMATION
Crew # Name Crew # Name
10223 McCartney, Sarah 10869 Morgan, Gronn
State10 State10
PMD529627 PMD526942
EMT-Paramedic EMT-Paramedic
Primary Patient Caregiver-At Scene, Driver - Response, Driver - Transport,
Primary Patient Caregiver-Transport Other Patient Caregiver-At Scene
OCALA, FL 34471-9101
Run Number: 3605798
7118/2017 10:30:56AM
10:30:56 Power On
10:35:08 NIBP
7/18/2017 10:30:56AM
7/18/2017 10:30:56AM
7/18/2017 10:30:56AM
OCALA, FL 34471-9101
Run Number: 3605798
7/18/2017 10:30:56AM
10~44: 59 NIBP
7/18/2017 10:30:56AM
n
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2:m
J~"""'~'--"""
...50
7/18/2017 10:30:56AM
10:54:57 NIBP
7/18/2017 10:30:56AM
...
10158:46 Vital, Signs
n
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-'-'al'---~I~,I----"""'I""--..I----"'I""----~I'"---~I----"
.-50
7/18/2017 10:30:56AM
11:04:37 NIBP
Rescuenet -ePCR
Ocala Regional Medical Center Discharge Summary
1431 SW 1st Avenue
Ocala, FL 34478 (Patient Copy)
OCALA HEALTH SYSTEM
(352) 401-1000 Date: 07/18/2017
Time: 1:02 p.m.
DEHYDRATION - ADULTS
WEAKNESS
Follow-up Notes: On 07/18/2017 this patient was treated at Ocala Regional Medical Center
Additional Notes: rest. increase fluids. stay cool. take your diabetic medications as prescribed.
Discharge Summary
C
Ocala Regional Medical Center Discharge Instructions
1431 SW 1st Avenue
OCALA HEALTH SYSTEM Ocala, FL 34478 (Patient Copy)
(352) 401-1000 Date: 07/18/2017
Time: 1:02 p.m.
Treating Provider: Ashley Rumnock, ARNP Phone: (352) 401-1137 Fax:
DEHYDRATION· ADULTS
Dehydration occurs when there is an excess fluid loss. This occurs from repeated vomiting or diarrhea, profuse sweating or a
high fever. It may occur as a result of poor fluid intake during times of illness. Improper use of diuretics (water pills) is another
cause. Symptoms include thirst, dizziness, weakness and fatigue or excess drowsiness. The diet described below is usually
enough to treat most cases. Sometimes medicine is also needed.
lemonade (with no pulp), apple, grape and cranberry juice, clear fruit drinks, electrolyte replacement and sports drinks,
2. If you have fever, muscle aching or headache from a viral syndrome, you may use acetaminophen (Tylenol) or ibuprofen
(Motrin, Advil) unless another medicine was prescribed for this. (If under 18 years old, do not use aspirin. There is a chance of
Follow up with your doctor or this facility if you are' not improving over the next 24 to 48 hours.
Return to this facility immediately or contact your doctor if you begin to have any of the following:
- Frequent diarrhea (more than 5 times a day); blood (red or black color) or mucus in diarrhea.
I understand that the emergency care I received 'is not intended to be complete and definitive medical care and treatment. EKG's,
X-rays, and lab studies will be reviewed by appropriate specialists and I will be notified of significant discrepancies.
Page 1 of 1
Ocala Regional Medical Center Discharge Instructions
1431 SW 1st Avenue
Ocala, FL 34478 (Patient Copy)
OCALA HEALTH SYSTEM
(352) 401-1000 Date: 07/18/2017
Time: 1:02 p.m.
Treating Provider: Ashley Rumnock, ARNP Phone: (352) 401-1137 Fax:
WEAKNESS
Your exam shows you have weakness without a known cause. Your weakness does not appear to be of a serious nature
although the exact cause could not be found. Sometimes, a more serious illness will begin with weakness, so watch for the signs
listed below.
Follow up with your doctor or as advised if you are not starting to feel better within 5 days.
Return to this facility immediately or contact your doctor if you begin to have any of the following:
- Dizziness or fainting.
- Trouble breathing.
I understand that the emergency care I received is not intended to be complete and definitive medical care and treatment. EKG's,
X-rays, and lab studies will be reviewed by appropriate specialists and I will be notified of significant discrepancies.
Page 1 of 1
OCALA HEALTH SYSTEM
OCALA REGIONAL MEDICAL CENTER
105290
1431 SW. First Avenue
Ocala, Florida 3 71
(352) 401·1
Name --¥.:..-->_"">O"........->-~&--+'~_:..:::=----1-"'rt--\,.pL---+-r--,;..r-+--."....---------
Address _-"'"'L _
9{
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DEA #
~-a:...~."",..,~::t:5~:;;::2~~M~.D~.
__ - - - - - - - - - - M.D.
Dispense As Written
SBFl60404021, 3156 RXM1000A ~ IIEO#IIlER· 731.ODD'
FACts WfTM tEAT
Patient Name:
NEIL GILLESPIE
I understand that the emergency care I received is not intended to be complete and definitive medical care
and treatment. I acknowledge that I have been instructed to contact the above physician(s) as indicated for
continued and complete medical diagnosis, care, and treatment. EKG's, X-rays, and lab studies will be
reviewed by appropriate specialists and I will be notified of significant discrepancies. I also understand that
my signature authorizes this Medical Center to release all or any part of my medical record (including, if
applicable, information pertaining to AIDS and/or HIV testing, mental health records, and drug and/or
alcohol treatment) to the follow-up physician indicated above.
I certify that I have received my Discharge Transition Record . The Discharge Transition Record includes
discharge instructions, follow-up care, diagnosis/chief complaint, and major tests or procedures done
during my visit and any changes to my current medications and/or new medications prescribed during my
visit. The Discharge Transition Record has been explained to me and I understand the reason(s) for any
changes to current home medications and/or any new medications prescribed.
Our facility has implemented a patient portal known as MyHealthONE for your convenience. This
confidential site will provide you access to a summary of your care and the results of your tests....even test
results that were not immediately available when you were with us. It is your responsibility to follow up with
your primary care physician or the physician to whom you were referred at the time of discharge, as there
may be incidental or additional findings on the final results that may reqUire your outpatient physician to
address with you. If you have any questions or problems with the enrollment process, please call
MyHealthONE at 1-855-422-6625 to receive expert assistance. Any questions about the information or
results from your visit should be directed to your primary care physician.
Discharge Signature
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-8000
Subject Single Family Foreclosure Policy and Procedural Changes for HUD
Title II Forward Mortgages and HECM Reverse Mortgages; Reasonable
Diligence Requirements; HUD’s Schedule of Allowable Attorney Fees
Effective Date The updated reasonable diligence timeframes will be effective for all cases
in which the first legal action to initiate foreclosure occurs on or after
November 1, 2013.
The updated Schedule of Attorney Fees will be effective for all cases in which
any of the following actions occurs on or after November 1, 2013:
a first legal action for foreclosure is initiated;
a bankruptcy clearance is undertaken;
a possessory action is begun; or
a deed in lieu of foreclosure is recorded.
Affected Policy The policies set forth in this Mortgagee Letter supersede all prior schedules,
including those outlined in Mortgagee Letter 2005-30.
www.hud.gov espanol.hud.gov
F
2
See Attachment 1 for details on the first legal action necessary to initiate
foreclosure on a mortgage, the typical security instrument used, and the
reasonable diligence timeframes for completing foreclosure and acquisition of
title in each state. HUD reserves the right to alter these state-specific
timeframes to reflect changing foreclosure completion timeframes and local
docket conditions.
The reasonable diligence timeframe begins with the first legal action required
by the jurisdiction to commence foreclosure and ends with the later date of
acquiring good marketable title to and possession of the property.
Reasonable The Protecting Tenants at Foreclosure Act (PTFA) and recently enacted state
Diligence and and local legislation have extended the time required to complete possessory
the Protecting actions in many jurisdictions. While the PTFA does not apply to former
Tenants at mortgagors, some state or local legislation may apply to all occupants. HUD
Foreclosure Act expects mortgagees to comply with all state and local laws when prosecuting
foreclosure and pursuing possessory actions. For more information, see
Mortgagee Letter 2012-06, Changes to FHA’s Occupied Conveyance
Procedures.
Delays and When caused by circumstances beyond the mortgagee’s control, delays in
Compliance completing the foreclosure process may be treated as exceptions to the
with the reasonable diligence timeframes and may be excluded in calculating the time
Reasonable to complete foreclosure. The following are examples of accepted delays:
Diligence
Mediation
Timeframes
Bankruptcy
Acquiring Possession
Delay due to Where mediation is required after the initiation of foreclosure but before the
Mediation foreclosure sale, the time required to complete the mediation may be excluded
when determining compliance with the reasonable diligence timeframe.
Delay due to When a mortgagor files for bankruptcy after the initiation of foreclosure, an
Bankruptcy automatic extension of the reasonable diligence timeframe for foreclosure and
acquisition of the property will be allowed.
Mortgagees should note that HUD will only reimburse them for legal
expenses related to resolving bankruptcies associated with claims for FHA-
insured mortgages, if those legal expenses have not already been included in a
loss mitigation option.
The timeframe for completing legal action on a bankruptcy will vary based on
the chapter under which the bankruptcy is filed.
Delay due to When a separate legal action is necessary to gain possession following
Legal Action foreclosure, an automatic extension of the reasonable diligence timeframe will
for Acquiring be allowed for the actual time necessary to complete the possessory action.
Possession This extension is granted if the mortgagee takes the first legal action to
initiate the eviction or possessory action within 30 calendar days of:
the completion of foreclosure proceedings, or
the expiration of federal or local restrictions on eviction.
The Department is not issuing time frames for the completion of possessory
actions because of the potentially wide differences in completion times due to
the location of the property and other factors outside of the mortgagee’s
control.
Schedule of HUD has updated the attorney fee schedule for the purpose of calculating
Attorney Fees the maximum amount that may be reimbursed in an insurance claim for a
foreclosure attorney fee, bankruptcy clearance fee, possessory action fee, and a
completion of a deed-in lieu fee (See Attachment 3). The fee schedule reflects
the customary legal services performed in regard to mortgage defaults and each
amount shown is the total maximum reimbursable fee, instead of an hourly rate.
The amount claimed for attorney fees must reasonably relate to work actually
performed. Though actual costs for these legal services may potentially exceed
the fees shown in the attached fee schedule, HUD will only reimburse
mortgagees up to the amounts shown on the schedule.
The fee schedule does not reflect additional expenses incurred due to foreclosure
and/or mediation because of the wide differences in costs and lengths of time of
completion, depending on the jurisdictions in which the foreclosure actions are
taking place. Any additional expenses incurred due to required legal actions
such as mediation or probate proceedings are claimable with a documented cost
breakdown and written justification retained in the claim review file.
Questions Any questions regarding this Mortgagee Letter may be directed to the HUD
National Servicing Center at (877) 622-8525. Persons with hearing or speech
impairments may reach this number by calling the Federal Information Relay
Service at (800) 877-8339. For additional information on this Mortgagee
Letter, please visit www.hud.gov/answers.
1
The mortgagee must first obtain a judgment from the Land Court verifying that the mortgagors are not entitled to
relief under the Servicemembers Civil Relief Act (SCRA).
www.hud.gov espanol.hud.gov
Page 2 of 2
Typical
Type of Reasonable
HUD Normal Diligence
State Security Method of First Legal Action to Timeframe
Code State Instrument Foreclosure Initiate Foreclosure (in months)
27 Minnesota Mortgage Non-Judicial Publication 10
Deed
28 Mississippi Deed of Trust Non-Judicial Publication 9
29 Missouri Deed of Trust Non-Judicial Publication 4
31 Montana Trust Non-Judicial Recording of Notice of Sale 7
Indenture
32 Nebraska Mortgage Judicial Petition 6
Deed of Trust Non-Judicial Publication of Notice of Sale 5
33 Nevada Deed of Trust Non-Judicial Recording of Notice of 7
Default
New 4
34 Mortgage Non-Judicial Publication
Hampshire
35 New Jersey Mortgage Judicial Complaint 15
36 New Mexico Mortgage Judicial Complaint 9
37 New York Mortgage Judicial Complaint 19
North 5
38 Deed of Trust Non-Judicial Notice of Hearing
Carolina
40 North Dakota Mortgage Judicial Complaint 8
Mortgage 12
41 Ohio Judicial Complaint
Deed
42 Oklahoma Mortgage Judicial Petition 9
Recording of Notice of 7
43 Oregon Deed of Trust Non-Judicial
Default
44 Pennsylvania Mortgage Judicial Complaint 11
50 Puerto Rico Mortgage Judicial Complaint 14
45 Rhode Island Mortgage Non-Judicial Publication 6
South 9
46 Mortgage Judicial Complaint
Carolina
47 South Dakota Mortgage Judicial Complaint 10
Deed of Trust Non-Judicial Publication of Notice of Sale 9
48 Tennessee Deed of Trust Non-Judicial Publication 4
Posting and Filing of the 3
49 Texas Deed of Trust Non-Judicial
Notice of Sale
52 Utah Mortgage Judicial Complaint 11
Recording of Notice of 6
Deed of Trust Non-Judicial
Default
53 Vermont Mortgage Judicial Complaint 14
54 Virginia Deed of Trust Non-Judicial Publication 4
82 Virgin Islands Mortgage Judicial Complaint 15
Recording of Notice of 6
56 Washington Deed of Trust Non-Judicial
Trustee’s Sale
57 West Virginia Deed of Trust Non-Judicial Publication 5
58 Wisconsin Mortgage Judicial Complaint 12
59 Wyoming Mortgage Non-Judicial Publication 6
ATTACHMENT 2 Page 1 of 5
CALCULATING THE INTEREST CURTAILMENT DATE
The following examples illustrate how to calculate the date to which debenture interest
can be claimed. This calculation will take into account the date on which the first legal action to
initiate foreclosure was taken and the reporting cycle in which the action was properly reported
pursuant to 24 CFR 203.356(a). Mortgagees will be considered in compliance with the reporting
requirements of 24 CFR 203.356(a) when the case is properly reported to the Single Family
Default Monitoring System (SFDMS) for the reporting cycle (or in the following reporting
cycle) in which the first legal action required to initiate foreclosure is taken.
If one or more time requirements have been missed, the interest curtailment date will be
the date of the earliest missed time requirement. Mortgagees will be responsible for self-
curtailment and must identify the appropriate interest curtailment date on Form HUD-27011,
Item 31 (Mortgagee reported curtailment date).
In this example, the mortgagee did not initiate foreclosure within six months of the date
of default as required by 24 CFR 203.355(a). The claim system will automatically curtail
interest to March 1, 2013, the deadline to initiate foreclosure six months from the default date.
Example 2: Mortgagee initiates foreclosure on a timely basis but exceeds the State’s reasonable
diligence timeframe for completing the action, without a valid documented reason.
1
First Legal Action to Commence Foreclosure
2
Foreclosure Sale Held
www.hud.gov espanol.hud.gov
Page 2 of 5
In this example, the mortgagee initiated foreclosure within six months of the date of
default as required by 24 CFR 203.355(a) and properly reported the action to SFDMS with
Status 68 within the required reporting cycle. However, the mortgagee did not meet the
reasonable diligence requirement for completing the foreclosure in six months (by November 10,
2013, based on the May 10 initiation of foreclosure). This requires a curtailment of interest to
November 10, 2013, and that date would have to be reflected on Form HUD-27011, Item 31
(Mortgagee reported curtailment date).
In this example, the mortgagee initiated foreclosure within six months of the date of
default as required by 24 CFR 203.355(a) and properly reported the action to SFDMS with
Status 68 within the required reporting cycle. However, the reasonable diligence requirement for
resolving the bankruptcy case and completing the foreclosure was not met. The State reasonable
diligence timeframe for foreclosure completion is four months; without delays, the foreclosure
here should have been completed by August 10, 2013. A 90-day extension is authorized for
resolving a bankruptcy case, so a foreclosure with a 90-day authorized bankruptcy delay should
have been completed by November 8, 2013. The interest curtailment date for claim purposes
would therefore be November 8, 2013, and that date would have to be reflected on Form HUD-
27011, Item 31 (Mortgagee reported curtailment date).
In this example, the mortgagee properly initiated foreclosure within six months of the
date of default as required by 24 CFR 203.355(a) and reported the action to SFDMS with Status
68 within the required reporting cycle. However, the reasonable diligence requirement for
resolving the Chapter 13 bankruptcy case and completing the foreclosure was not met, and the
mortgagee did not provide any documentation showing that it was not responsible for the delay;
therefore, the mortgagee must self-curtail.
Bankruptcy plan payments, due on the first of each month, became 60 days delinquent on
April 30, 2014. Pursuant to HUD policy, the mortgagee had a maximum of 90 days from
April 30, 2014, to resolve the bankruptcy because no valid reason for further delay was
documented. Accordingly, the bankruptcy should have been resolved no later than July 29,
2014, but in this case, the bankruptcy was released weeks later on September 10, 2014: the
mortgagee failed to meet its reasonable diligence requirement.
For purposes of filing a claim, the total authorized delay due to the bankruptcy was 294
days: the amount of time between October 9, 2013 (the bankruptcy filing date) and July 29, 2014
(the end of the reasonable diligence timeframe as based on the bankruptcy-advanced default
date). This mortgagee’s timeframe for meeting the reasonable diligence requirement then was
the State’s normal foreclosure time period of five months plus the bankruptcy-related 294 days.
Because the mortgagee was permitted a reasonable diligence timeframe of five months plus 294
days after filing the first legal action to foreclose, the interest curtailment date for claim purposes
here would therefore be November 30, 2014, and that date would have to be reflected on Form
HUD-27011, Item 31 (Mortgagee reported curtailment date).
Page 4 of 5
Example 5: The mortgagee exercises reasonable diligence in completing foreclosure but does
not initiate eviction or possessory action within 30 calendar days of foreclosure completion to
qualify for extension of the reasonable diligence timeframe.
In this example, the mortgagee met the reasonable diligence requirements for initiating,
reporting, and completing the foreclosure action. However, action to acquire possession of the
property was not initiated within 30 calendar days of foreclosure completion. The foreclosure
was completed on October 27, 2013, so the mortgagee had 30 days—until November 26, 2013—
to initiate possessory action. The mortgagee did not initiate possessory action until December
15, 2013, and this delay requires a curtailment of interest to November 26, 2013, and that date
would have to be reflected on Form HUD-27011, Item 31 (Mortgagee reported curtailment date).
Example 6: Mortgagee fails to convey the property to HUD within 30 calendar days of
acquiring possession and marketable title, as required by 24 CFR 203.359.
Title was acquired by the mortgagee on December 29, 2013, and the mortgagee had 30
days from that date—until January 28, 2014—to convey the property to HUD. The mortgagee
did not file the deed to HUD for recording until February 28, 2014. Accordingly, the
mortgagee’s failure to timely convey the property to HUD requires a curtailment of interest to
January 28, 2014, and that date would have to be reflected on Form HUD-27011, Item 31
(Mortgagee reported curtailment date).
ATTACHMENT 3 Page 1 of 2
HUD SCHEDULE OF STANDARD ATTORNEY FEES – EFFECTIVE 11/1/2013
Non-judicial Judicial Bankruptcy Possessory
State Foreclosure Foreclosure Clearance Action Deed-in-lieu
13
AK $1,250 Varies $375 $400
AL $9001 Varies13 $375 $400
AR $1,050 Varies13 $275 $400
AZ $925 Varies13 $275 $400
CA $1,000 Varies13 $525 $400
CO $1,225 Varies13 $275 $400
CT $1,7002 Varies13 $375 $400
DC $6501 Varies13 $375 $400
DE $1,350 Varies13 $325 $400
FL $2,250 Varies13 $375 $400
GA $9001,3 Varies13 $375 $400
GU $1,250 Varies13 $375 $400
HI $1,250 $2,400 Varies13 $525 $400
IA $850 $1,300 Varies13 $325 $400
ID $1,050 Varies13 $375 $400
IL $1,7505 Varies13 $325 $400
IN $1,5006 Varies13 $325 $400
KS $1,250 Varies13 $325 $400
KY $1,700 Varies13 $375 $400
LA $1,350 Varies13 $325 $400
MA $2,000 Varies13 $625 $400
MD $2,1001,3 $1,600 Varies13 $375 $400
ME $1,750 Varies13 $525 $400
MI $1,0007 Varies13 $325 $400
MN $1,025 Varies13 $325 $400
MO $950 Varies13 $325 $400
MS $9001 Varies13 $375 $400
MT $1,000 Varies13 $375 $400
NC $1,1508 Varies13 $375 $400
ND $1,250 Varies13 $325 $400
NE $9009 $900 Varies13 $325 $400
NH $1,150 Varies13 $425 $400
NJ $2,425 Varies13 $375 $400
NM $1,500 Varies13 $275 $400
NV $1,100 Varies13 $375 $400
NY $2,00010 Varies13 $725 $400
OH $1,700 Varies13 $325 $400
OK $1,4505 Varies13 $275 $400
OR $1,000 $2,050 Varies13 $375 $400
PA $1,65011 Varies13 $425 $400
PR $1,50012 Varies13 $300 $400
RI $1,300 Varies13 $525 $400
SC $1,650 Varies13 $375 $400
www.hud.gov espanol.hud.gov
Page 2 of 2
Non-judicial Judicial Bankruptcy Possessory
State Foreclosure Foreclosure Clearance Action Deed-in-lieu
SD $600 $1,250 Varies13 $325 $400
TN $9001 Varies13 $375 $400
TX $900 Varies13 $325 $400
UT $925 $925 Varies13 $275 $400
VA $9251,3 Varies13 $375 $400
VI $1,800 Varies13 $300 $400
VT $1,700 Varies13 $375 $400
WA $1,000 Varies13 $375 $400
WI $1,500 Varies13 $325 $400
1,3
WV $1,000 Varies13 $375 $400
WY $1,000 Varies13 $375 $400
Footnotes:
(1) The fee covers the combined attorney and notary’s fees.
(2) This fee applies to strict foreclosures. If the foreclosure orders a Foreclosure by Sale,
the fee will be $1,950.
(3) The fee covers both the attorney fee and the trustee’s commission (or statutory fee).
(4) The fee includes reimbursement of any fee for the attorney’s certificate of title.
(5) The fee increases by $100 if foreclosure is achieved by summary judgment.
(6) In addition to the allowable foreclosure fee, an auctioneer’s fee of up to $250 is
allowed for the services of a state licensed auctioneer requested by the mortgagee and
approved by the court.
(7) The fee increases to $1,100 for a non-judicial foreclosure for a case in which the
attorney provides services for “proceedings subsequent” that involve registered land.
(8) The fee includes the notary’s fee. An additional fee of $250 is allowed for an
attorney court appearance for a foreclosure hearing.
(9) This fee relates to the exercise of the power of sale under a deed of trust.
(10) This fee applies to foreclosures other than those conducted in New York City and
Long Island. A fee of $2,400 applies to foreclosures conducted in the five boroughs
of New York City (Bronx, Brooklyn/Kings, Manhattan, Queens, and Staten Island)
and in Long Island (Nassau and Suffolk Counties).
(11) The fee covers certain additional legal actions necessary to complete the foreclosure,
including motions to postpone or relist a sale and motions to reassess damages.
(12) In addition to the allowable foreclosure fee, $150 is allowed for a notary fee for
completed foreclosures. However, if a deed of judicial sale cannot be executed
simultaneously with the foreclosure sale, $300 is allowed for the notary fee.
(13) This fee assumes that all required procedural steps have been completed. The
maximum attorney fee varies based on the chapter under which the bankruptcy action
is filed.
For Chapter 7 bankruptcies, the maximum allowable fee is $650.
For Chapter 11, 12 and 13 bankruptcies, the maximum allowable fee is $1,000.
IN THE CIRCUIT COURT OF THE FIFTH ruDICIAL
Plaintiff
Defendants.
-----------------_/
FORECLOSURE SALE
counsel and hereby files this his Verified Motion to Vacate Final Judgment of Foreclosure and
Cancel the September 19, 2017 Foreclosure Sale and in support thereof states as follows:
1. On July 18) 2017, a Non-Jury Trial was conducted in the above-noted matter, and
a Final Judgment of Foreclosure was entered and a foreclosure sale was scheduled for Septembe~
19,2017.
2. Florida Rule of Civil Procedme 1.540 affords relief from a Final Judgnlent due to
the following: (1) ~{istake, inadvertence~ swprise, or excusable neglect~ (2) newly discovered
evidence which by due diligence could not have been discovered in time to move for a new trial
or other misconduct of an adverse party; (4) that the judgment or decree is void~ or (5) that the
judgment or decree has been satisfied, released) or discharged, or a pnor judgn1ent or decree
G
It
r -.•: . •.:•: .-
:.: :.: . : . : :-
upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that
3. Because the Plaintiff, Reverse Mortgage Solutions, Inc.) failed to establish the
occurrence of a condition precedent to its right to foreclose on the subject property, the Final
4. On June 5) 2008) Mrs. Penelope Gillespie signed and executed an adjustable rate
"reverse mortgage." Mrs. Gillespie's two sons, Mark J. Gillespie and Neil Gillespie also signed
receive monthly payments from a lender based upon the homeowners' equity in their principal
residence. Instead of the more conventional mortgage arrangement - where the borrower
receives a lump sum from a lender, and then repays the lender over time with monthly payments
- generally, in a reverse mortgage arrangement, the lender makes monthly payments to the
elderly homeowners) and the homeowners' obligation to repay the lender ripens only upon the
homeowners' death or when the homeowners move from their home. See.. e.g., Bennett v.
5. Since Mark J. Gillespie and Neil Gillespie are co-borrowers under the mortgage)
the Final Judgment of Foreclosure entered on July 18, 2017 should never have been entered, and
is de facto a void judgment, because under the ter.ms of the reverse mortgage, foreclosure is
prohibited until either Mark J. Gillespie or Neil Gillespie dies, or until one ofthern no longer
6. As of the filing of this Motion, both Mark J. Gillespie and Neil Gillespie are both
very much alive, and Neil Gillespie still maintains the subject property as his principal residence.
prove the occurrence of all conditions precedent. 5'ee Konsulian v. Busey Bank, N.A~., 61 So. 3d
mortgages insured by I-IUD~ the subject mortgage contains plain language expressly providing as
follows:
The Secretary may not insure a honle equity conversion mortgage under this
section Wlless such mortgage provides that the homeowner's obligation to
satisfy the loan obligation is deferred until the homeowner's death, the sale of
the home, or the OCCUJTenCe of other events specified in regulations of the
Secretary. For purposes of this subsection, the term "homeowner" includes
the spouse of a conditioning the lender's acceleration and foreclosure rights
n
on the death of any "Borrower whose principal residence is the property
encumbered by the Inortgage.
9. Because Mark J. Gillespie and Neil Gillespie) the co-borrowers) are both still
alive, and because Mrs. Penelope Gillespie's death is the sole ground alleged for Reverse
Mortgage Solutions' acceleration and foreclosure, then a condition precedent to the lender's nght
to foreclose has not occurred, thereby precl'uding the lender~s foreclosure action at the outset.
10. A judgment is void, as a matter of law, where the Cou.rt rendering the judgment
lacked jurisdiction, or where a party lacked proper notice that the other party applied to the COUIt
for a Final Judgment. Windell v. Dorr, 497 SO.2d 940 (Fla. 1st DCA 1986).
attempt at acceleration and foreclosure had not occurred, the Plaintiff had no standing to even
bring this action, thus rendering the July 18) 2017 Final Judgment of Foreclosure void.
12. Furthermore, Rule 1.540 (b) (4) specifically provides for relief from a void Final
Judgment. On a proper motion, a trial court must set aside a void judgment, and Florida Courts
have routinely held that a trial court has no discretion and is obligated to vacate such ajudgment.
See Horton v. Rodriguez Espaillat Y Asoci£ldos, 926 So.2d. 436 (Fla. 3rd DCA 2006).
13. The Defendant, MARK J. GILLESPIE, hereby requests that this Honorable
Court vacate the Final Judgment of Foreclosu.re entered on July 18, 2017 and enter an Order
WHEREFORE, the Defendant, respectfully requests that the Court enter its Order
granting the instant Motion, vacating the Final Judgment of Foreclosure and directing the Clerk
to cancel the September 19, 2017 foreclosure sale in this matter and providing such other and
VERIFICATION
I decla.·e nnde." penalty of perjury that I have read the foregoing Vet·ified Motion
and that the fa~ts alleged are true and accurate to the best of my knowledge and
belief.
Sworn and subscribed before me on, August.1O-, 2017 by Mark J. Gillespie) who--UL)..
is .personally known to me \;)leA produced If!YPs" \x'\\JeQ \~~s
identification and who took an oath.
. 1Df111t1U1t
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and con·ect copy of this docunlent is being
served on the date of the filing of this document via the e-portaJ to all parties of record.
consumer of legal and court services affecting interstate commerce, a consumer of personal,
family and household goods and services, consumer transactions in interstate commerce, a
person with disabilities, and a vulnerable adult, henceforth in the first person, reluctantly appears
pro se, and gives notice to the Clerk to re-open this case as active, USSC PETITION NO. 17-
1. The Untitled States Supreme Court (USSC) distributed on January 25, 2018, Petition No.
17-7053 for conference of February 16, 2018, showing this case is active, and has been active
2. USSC Petition No. 17-7053 is a petition for writ of certiorari to the Florida Supreme
3. Evidence that the Untitled States Supreme Court (USSC) has distributed Petition No. 17-
7053 for conference on February 16, 2018, showing this case is active, and has been active since
the petition was docketed on December 11, 2017, appears in the official records of Marion
County, Book6710/Page1677 CFN#2018010612. A certified copy of the six page official record
4. The USSC docket in Petition No. 17-7053 shows Curtis A. Wilson, Counsel of Record,
of McCalla Raymer Leibert Pierce, filed a waiver of right of respondent Reverse Mortgage
5. Evidence in this case shows a USSC Rule 44 Rehearing is justified if Petition No. 17-
7053 is denied. Rule 44.1 provides in part, “Any petition for the rehearing of any judgment or
decision of the Court on the merits shall be filed within 25 days after entry of the judgment or
2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY the names below were served on the Portal today February 12, 2018.
Neil J. Gillespie owns the property free and clear at 8092 SW 115th Loop, Ocala, FL 34481;
Email: neilgillespie@mfi.net; the Trust terminated on February 2, 2015, see attached. The
HECM reverse mortgage is void (borrower incompetence), and voidable (§ 10(b) 1934 Act).
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997; the Trust terminated on February 2, 2015, see attached; c/o
Neil J. Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Email: neilgillespie@mfi.net
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997; NONE; the Trust Terminated February 2, 2015, see attached; c/o Neil J.
Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Email: neilgillespie@mfi.net
Neil J. Gillespie
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly
I. My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on
2. I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,
\ \
oeZ=::).. My Florida residential homestead property is the sole asset of the Trust, property address
..
" ~:.
8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I
have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.
Lot(s) ], Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through I ]2, inclusive of the Public Records of
Marion County, Florida.
4. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I transferred
the remaining trust property to the beneficiary, myself, on January 14, 2015.
5. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I hereby
terminate the Trust as provided by Fla. Stat. § 736.0414, and Article V, the Trust. The total fair
market value of the assets of the Trust is zero. The Trust served its intended purpose of
6. Pursuant to Fla. Stat. § 736.0414 Modification or tenn ination of uneconomic trust. (1)
After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property
The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
1=l--'bL
- ti~u II~O SlD o;tl 0
by Neil J. Gillespie, who is personally known to me, or who has produced . as
. identification and· states that he is. the person who made this affidavit and that its co~tents are
r
Notary Public State of Florida
(SEAL) Angelica Cruz
My Commission EE067986 NOTAR UBLIC
Expires 02127/2015
~(?JI(s2. Lr0L
Print Na of Notary PublIc
Washington, DC 20543-0001
Scott S. Harri.
Clerk or the Court
(202) 479·3011
December 11,2017
111111111111UIIIIIIIIOIIIIID11111111
Mr. Neil J. Gillespie DAVID R ELlSPERMANN CLERK & COMPTROLLER MARION co
8092 SW 115th Loop DATE: 02/02/2018 02:35:12 PM
FILE #: 2018010612 OR BK 6710 PGS 1677-1682
Ocala, FL 34481
REC FEES: $52.50 INDEX FEES: $0.00
DDS: $0 MDS: $0 INT: $0
No. 17·7053
The petition for a writ of certiorari in the above entitled case was filed on
November 24, 2017 and placed on the docket December 11, 2017 as No. 17·7053.
A form is enclosed for notifying opposing counsel that the case was docketed.
Sincerely,
bY~\~
Clayton Higgins
Case Analyst
Enclosures
Washington, DC 20543-0001
Scott S. Rarrla
Clerk of the Court
(202) ..79-3011
December 11,2017
Clerk
Supreme Court of Florida
Supreme Court Building
600 South Duval Street
Tallahassee, FL 32399-1927
. - :Re:·-Neil.J.-Gillespie- - _. - - .---
v. Reverse Mortgage Solutions
No. 17-7053
Clerk:
The petition for a writ of certiorari in the above entitled case was filed on
ember 24, 2017 and placed on the docket December 11, 2017 as No. 17-7053.
Sincerely,
by
Clayton Higgins
Case Analyst
Nov 24 2017 Petition for a writ of certiorari and motion for leave to proceed in forTYII
pauperis filed. (Response due January 10. 2018)
Jan 092018 VVaiver of right of respondent Reverse Mortgage Solutions to respond filed.
neilg'llespiegrm.net
BOIm Search Previous Parcel Next Parcel TRIll Notice TRIll Supplement Addres. Change Porm Sales Verification Form
GO TO
2018
7013-007-001
Prime Key: 2103946 AS of 1/31/2018
Property Information
GILLESPIE NEIL J Taxes I Assessments: M.S.T.U.
8092 8M 11STH LOOP Map 1D: 114 PC:. 01
OCALA FL 34481-3561
Millage: 9002 Acres: 0.1
I~· ·=·= = = = = = = = = = = = = = = = = = =V=.= lU=E=:=:=O=:=~=BT=:._:.:.: .:=~V=_._=:~=i=.~=~=.=l=-e=-:. :_=_= . . .===_:.._=-=-==_.-:_=_===_=_==-_=-=-=". -=-.=.-=-=._-.=-_-=-=--_-_-_ -_~- . ..I
. -_-.-_-_. . "_
History of Assessed Values
IB!?i":{~<~.;;;.'~ '. .~ ..~~~_~:~ ..!.~L· .. /J·:;..i:~~i;!(.,~~.!1';.{;~-::~:\-':'~('[:~~; .....,....~. ".1.. ~ '''i:::.%<~:''~~''''''t.,~ 1fUU1e, VIJ..
•.
2017 $7,000 $79,730 $1,255 $87,985 $70,461 $45,961 $24,500
~016 $9,000 $76,413 $1,271 $86,684 $69,012 $44,512 $24.500
...
2015 $8,500 $58,960 $1, 07::Z $68, 53::Z $68,532 $44,032 $24,500
Property Description
Building 1 of 1
RES01-U12UIR1U4LIIU33R30DSOL16L4.R4
P'GR02-R16D21LI6U21. L4U12
POP03-U1R1U4Ll1DSR10.
PT004-LIOLSD17R1SUSU12.
RESCI ]()
33
50
"
PTI';':
F(;P:':', 11
5
1O
10
J.
'1
12 12
17
. 16
~GR:.? 16
,§
5
21 21
'6
Building Characteristics
IaproY. .ent CR-RESIDENTIAL Year Built 1993
.ffeetlYe Age 3 - 10-14 YRS Phyaical Deterioration t
CODdition 2 - 2 Obaoleacence. Punctional ,
Quality Grade 700 - GOOD Obaoleaceace. Locational ,
Architecture 1
In8pected on 8/21/2015 by 197 Baae Perimeter 162
Section: 1
Roof Style 10 GABLE Floor Piniab 24 CARPET .edroc.a 2 BIt-In Kitcben y
.eat "tb 1 2 0 HEAT PUMP .eat ruel 1 10 ELECTRIC 3rixBatb 2 Garb Di.po.al y
ml-.,,{ i'~~Y~c;:,
159 PAV CONCRETE
'. ' ;\ ... .1;: ~'" d," '.
544.00 SF 20
".:;'
Miscellaneous Improvements
,.:~ji~:;·;'i:>P:"· __~$'.~;"'" ::~.; ~'r:i'"'?;" .'X>
1993
IA y.u
",~- 3
.,..,tJa
34.0
Width
16.0
Depr Va1ue
159 PAV CONCRETE 92.00 SF 20 1993 3 23.0 4.0
120 FENCE MASONRY 1.30.00 SF SO 1993 3 0.0 0.0
Appraiser Notes
MODBL-NANTUCUT
RST tNT
c
r::.
Return Bottom Section with Payment - Keep remaining portion for your records.
PLEASE READ INSTRUCTIONS AND IMPORTANT INFORMATION
If you have sold any of the property assessed to you, please forward this Tax Notice to the newowner(s) or return to sender. Please verify description
of property. If any errors are found on this Tax Notice, notify the Property Appraiser's Office immediately. This Tax Notice covers taxes for the calendar
year as described hereon.
PIea'f! remit payment by mail, in person, or by visitiOA our website at www.mariontax.com. Do not staple, fold or write on the bottom portion of this Tax Notice.
If paying current taxes by mail, discounts are detemtined by the POSTMARK date. Discounts are calculated as follows:
ANNUAL PAYMENT INSTALLMENT PAYMENT
4% IF PAID IN NOVEMBER 1st IF PAID IN JUNE 6% DISCOUNT
3% IF PAID IN DECEMBER 2nd IF PAID IN SEPTEMBER 4%% DISCOUNT
2% IF PAID IN JANUARY 3rd IF PAID IN DECEMBER 3% DISCOUNT
1% IF PAID IN FEBRUARY 4th IF PAID IN MARCH NO DISCOUNT
Taxes are due November 1 and become delinQuent April 1, at which time the law imposes 3% interest plus advertising fees on Real Estate taxes and 1%%
inte~est per month plus advertising and late fees on Tangible Personal Property taxes. Once taxes are delinquent on April 1. the amount due is determined
when the payment is RECEIVED in our offICe.
Tax sale certificates will be sold on aU unpaid Real Estate taxes on or before June 1st. Tax Warrants will be Issued on all unpaid TanQible Personal Property
ta~,es pursuant to Chapter 197 F.S. This Tax Notice becomes a receipt only when validated by the Tax Colledors Office and the actual transfer of funds is
TAXABLE 24,500
HOMESTD 25,000
ADDL HX 20,461 36 16 20
consumer of legal and court services affecting interstate commerce, a consumer of personal,
family and household goods and services, consumer transactions in interstate commerce, a
person with disabilities, and a vulnerable adult, henceforth in the first person, reluctantly appears
pro se, and gives notice to the Clerk to re-open this case as active, USSC PETITION NO. 17-
1. The Untitled States Supreme Court (USSC) distributed on January 25, 2018, Petition No.
17-7054 for conference of February 16, 2018, showing this case is active, and has been active
2. USSC Petition No. 17-7054 is a petition for writ of certiorari to the Florida Supreme
3. Evidence that the Untitled States Supreme Court (USSC) has distributed Petition No. 17-
7054 for conference on February 16, 2018, showing this case is active, and has been active since
the petition was docketed on December 11, 2017, appears in the official records of Marion
County, Book6710/Page1671 CFN#2018010611. A certified copy of the six page official record
4. The USSC docket in Petition No. 17-7054 shows the respondent Reverse Mortgage
5. Evidence in this case shows a USSC Rule 44 Rehearing is justified if Petition No. 17-
7054 is denied. Rule 44.1 provides in part, “Any petition for the rehearing of any judgment or
decision of the Court on the merits shall be filed within 25 days after entry of the judgment or
2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY the names below were served on the Portal today February 12, 2018.
Neil J. Gillespie owns the property free and clear at 8092 SW 115th Loop, Ocala, FL 34481;
Email: neilgillespie@mfi.net; the Trust terminated on February 2, 2015, see attached. The
HECM reverse mortgage is void (borrower incompetence), and voidable (§ 10(b) 1934 Act).
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997; the Trust terminated on February 2, 2015, see attached; c/o
Neil J. Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Email: neilgillespie@mfi.net
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997; NONE; the Trust Terminated February 2, 2015, see attached; c/o Neil J.
Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Email: neilgillespie@mfi.net
Neil J. Gillespie
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly
I. My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on
2. I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,
\ \
oeZ=::).. My Florida residential homestead property is the sole asset of the Trust, property address
..
" ~:.
8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I
have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.
Lot(s) ], Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through I ]2, inclusive of the Public Records of
Marion County, Florida.
4. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I transferred
the remaining trust property to the beneficiary, myself, on January 14, 2015.
5. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I hereby
terminate the Trust as provided by Fla. Stat. § 736.0414, and Article V, the Trust. The total fair
market value of the assets of the Trust is zero. The Trust served its intended purpose of
6. Pursuant to Fla. Stat. § 736.0414 Modification or tenn ination of uneconomic trust. (1)
After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property
The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
1=l--'bL
- ti~u II~O SlD o;tl 0
by Neil J. Gillespie, who is personally known to me, or who has produced . as
. identification and· states that he is. the person who made this affidavit and that its co~tents are
r
Notary Public State of Florida
(SEAL) Angelica Cruz
My Commission EE067986 NOTAR UBLIC
Expires 02127/2015
~(?JI(s2. Lr0L
Print Na of Notary PublIc
Washington, DC 20543-0001
Scott s. Harria
Clerk of the Court
(202) 479-3011
December 11, 2017
No. 17·7054
The petition for a writ of certiorari in the above entitled case was filed on
November 24,2017 and placed on the docket December 11, 2017 8S No. 17-7054.
A form is enclosed for notifying opposing counsel that the case was docketed.
Sincerely,
by ~ 11·
Clayton Hig~
Case Analyst
Enclosures
Washington, DC 20543-0001
Scott s. Barril
Clerk of the Court,
(202) 479-3011
December 11, 2017
Clerk
Supreme Court of Florida
Supreme Court Building
500 South Duval Street
Tallahassee, FL 323~9-1927
No. 17-7054
!ea Clerk:
8 '
t
The petition for a writ of certiorari in the above entitled case was filed on
ov mber 24,2017 and placed on the docket December 11, 2017 as No. 17-7054.
~ti
Sincerely,
by
Clayton Higgins
Case Analyst
Nov 24 2017 Petition for a writ of certiorari and motion for leave to proceed in forma
pauperis filed. (Response due January 10, 2018)
Boa Search Previous Parcel .ext Parcel TRIM Notice TRIM Supple.ent Address Change Porm Sales Verification Form
GO TO £Q.!2 2016 2015 PRC
2018
7013-007-001
Prime Key: 2703946 As of 1/31/2018
property Information
GILLESPIE NEIL J Taxes I ASsessments: M.S.T.U.
8092 SW 11STH LOOP Map ID: 114 pc: 01
OCAlA FL 34481-3567
Millage; 9002 Acres: 0.1
I Ex Codes; 01 38 3S
I
L ________.. _.. . ..._._._1
..
2016 $9,000 $76,413 $1,271 $86,684 $69,012 $44,512 $24,500
2015 $8,500 $58,960 $1,072 $68,532 $68,532 $44,032 $24,500
Property Descr1ption
Building 1 of 1
RBS01-UI2UIR1U4L11U33R30D50L16L4.R4
FGR02-R16D21L16U21. L4U12
FOP03-UIR1U4L11D5RIO.
PT004-LIOL5D17R15U5U12.
RE:J)1 30
33
50
11
F:)P:'311
5
TO
J4
I:;TI~
1
10
12 12
17
• FGR02
18
16
6
16
21 21
16
Building Characte4istics
Impro._eat CR-RBSIDENTIAL Year Built 1993
.ffecti.e Age 3 - 10-14 YRS Pbyaical DeterioratioD 0
CODditioa 2 - 2 ObaoleaceDcel PuDctioDal 0
Quality Grade 700 - GOOD Obao1e.ceDcel LocatioDal 0
Architecture 7 •
Inspected on 8/21/2015 by 197 Baae Peri.eter 162
aoof CoYel" 08 FBRGLASS SHNGL .all .iaiab 16 DRYWALL-PAINT ...ixaath 0 Di.bw. .ber y
Miscellaneous Improvements
fiii'j~~t~~;:i.=J~,:~;··:·~~:~~i~:·tri:r::;~~\r:.·:.~ . . ~:~t<*~.:~~~Pti~:~tl[~~~·:i:'~"(:t<i~ ':' .veu· Ja;" '?' .....:... ·~l~tb: "Wieb "De~ Value
159 PAY CORCRETE 544.00 SF 20 1993 3 34.0 16.0
159 PAV CONCRETE 92.00 SF 20 1993 3 ~3.0 4.0
120 FENCE MASONRY 130. 00 SF SO 1993 3 0.0 0.0
Appraiser Notes
MODBL-NANTUCD'T
EST INT
DEC 31 2017 JAN 31 2018 FEB 28 2018 MAR 31 2018 APR 30 2018 PAST DUE ON
816.58 825.00 833.42 841.84 867.10 APR 1 2018
ACCOUNT NUMBER
R7013-007-001 2017
EX-TYPE
I I I
ESCROW MILL CD
2325 9002
I REMIT U.S. FUNDS TO: GEORGE ALBRIGHT. T. C.
PO BOX 970, OCALA. FL 34478 PH (352) 368-8200
MARKET VALU 87,985 TAXES 549.96
ASSESSMENT 70,461 SP. ASMT 291.88
TAXABLE 24,500
HOMESTD 25,000
ADDL HX 20,461 36 16 20
DISBLTY 500 SEC 36 TWP 16 RGE 20 PLAT BOOK
002 PAGE 106 OAK RUN WOODSIDE
TRACT BLK G LOT 1
Return Bottom Section with Payment • Keep remaining portion for your records.
PLEASE READ INSTRUCTIONS AND IMPORTANT INFORMATION
If you have sold any of the property assessed to YOU, please forward this Tax Notice to the new owner(s) or return to sender. Please verify description
of property. If any errors are found on this Tax Notice, notify the Property Appraiser's Office immediately. This Tax Notice covers taxes for the calendar
year as described hereon.
Please remit payment by mail, in person. or by visitinQ our website at www.mariontax.com. Do not staple. fold or write on the bottom portion of this Tax Notice.
If paying current taxes by mail, discounts are determined by the POSTMARK date. Discounts are calculated as follows:
ANNUALPA~ENT INSTALLMENT PAYMENT
4% IF PAID IN NOVEMBER 1st IF PAID IN JUNE 6% DISCOUNT
3% IF PAID IN DECEMBER 2nd IF PAID IN SEPTEMBER 4%% DISCOUNT
2% IF PAID IN JANUARY 3rd IF PAID IN DECEMBER 3% DISCOUNT
1% IF PAID IN FEBRUARY 4th IF PAID IN MARCH NO DISCOUNT
Taxes are due November 1 and become delinquent April 1, at which time the law imposes 3% interest plus advertising fees on Real Estate taxes and 1%%
interest per month plus advertising and late fees on Tangible Personal Property taxes. Once taxes are delinquent on April 1. the amount due is determined
when the payment is RECEIVED in our office.
Tax sale Certificates will be sold on all unpaid Real Estate taxes on or before June 1st. Tax Warrants will be issued on all unpaid TanRible Personal Property
taxes pursuant to Chapter 197 F.S. This Tax Notice becomes a receipt only when validated by the Tax Collector's Office and the actual transfer of funds is
completed. To Better Serve YOU ••. PAY ONLINE At www.mariontax.com
Or At These Locations:
OCALA - McPherson Governmental Complex. 503 SE 25th Ave
BELLEVIEW - Belleview Regional Shpg Ctr, 10445 SUS Hwy 441 FOREST· Forest Center, 15956 E SR 40
DUNNELLON - Rainbow SPAs. Gov. Complex, 19995 SW 86th St. SR 200 - Jasmine Square. 6154 SW SR 200
NORTH - ocala Springs Shopping Center, 7135 N US Hwy 441 SUMMERFIELD· Spruce Creek Terrace Shops, 17860 SE 109th Ave.