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Clifford J.

White III, Director May 7, 2019


Executive Office U.S. Trustees
441 G Street, NW, Suite 6150
Washington, DC 20548

USTP.Bankruptcy.Fraud@usdoj.gov
ATTN: Office of Criminal Enforcement
U.S. Department of Justice
https://www.justice.gov/ust

RE: Bankruptcy Fraud / Obstruction of Justice by U.S. Bankruptcy Judge Jerry A. Funk,
judicial misconduct and disability, and violations of,
18 U.S. Code §242. Deprivation of rights under color of law
18 U.S. Code §4. Misprision of felony
Pro Se Debtor Neil Gillespie, Chapter 13, Case No 3:19-bk-00808-JAF
U.S. Bankruptcy Court, Middle District of Florida, Jacksonville Division

Related Cases: New York Southern Bankruptcy Court.


Debtor Reverse Mortgage Solutions, Inc. (RMS), Chapter 11, Case No. 1:19-bk-10422
Debtor Ditech Holding Corporation, Chapter 11, Case No. 1:19-bk-10412

Dear Clifford J. White III:

My name is Neil Gillespie, the Debtor in Chapter 13 Case No 3:19-bk-00808-JAF. Debtor


Reverse Mortgage Solutions, Inc. (RMS), is the foreclosing Plaintiff in a wrongful foreclosure of
my Florida residential homestead on a federal HECM reverse mortgage, see,

Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie et al.


Marion County Florida Circuit Court Case No. 2013-CA-00115

RMS commenced the foreclosure over six (6) years ago, on January 9, 2013. A sale date in 2017
was canceled due to a hurricane and related presidential executive order. A second sale date of
March 11, 2019 was canceled by the automatic stay of the bankruptcy I filed March 8, 2019. On
January 3, 2019, the U.S. Supreme Court docketed my Petition No. 18-7225 for writ of certiorari
in the foreclosure case. Rehearing in USSC No. 18-7225 was denied on April 29, 2019.

The U.S. Bankruptcy Court, Middle District of Florida, Jacksonville Division, does not permit
Pro Se Debtors to file electronically on the Court’s CM/ECF system. Therefore I provide paper
documents to the Court by U.S. Mail or United Parcel Service (UPS), sometimes with a PDF
courtesy copy by email, because paper filing in Court is delayed by 1-2 days or more.

U.S. Bankruptcy Judge Jerry A. Funk is a member of The Florida Bar. Judge Funk provided his
email address on his Florida Bar directory page as: jerryala@comcast.net.
Clifford J. White III, Director May 7, 2019
Executive Office U.S. Trustees

Bankruptcy Fraud / Obstruction of Justice

Judge Funk wrongly dismissed my chapter 13 case in 3:19-bk-00808 after I provided him (and
other persons) a courtesy copy of Debtor’s Response To Trustee’s Motion To Dismiss (Doc-23)
with a Notice of Service of Court Documents that I emailed on April 23, 2019 at 10:14 PM. UPS
shows I shipped the pleading on April 23, 2019 at 9:06 P.M, Tracking #1Z64589FP296507660.

A composite of my emailed courtesy copy of Debtor’s Response To Trustee’s Motion To


Dismiss (Doc-23) and Notice of Service of Court Documents appears at Appendix A, and shows
Persons who are potential witnesses as recipients of Notice of Service of Court Documents:

Honorable Jerry A Funk United States Trustee - JAX 13/7, 7


US Bankruptcy Court Douglas W Neway, Trustee

Ashley Prager Popowitz Ray C Schrock; Sunny Singh


McCalla Raymer Leibert Pierce, LLC Weil, Gotshal & Manges LLP

Office of the United States Trustee Official Committee of Unsecured Creditors


Benjamin J. Higgins; Greg M. Zipes Robert J. Feinstein; Bradford J. Sandler
Pachulski Stang Ziehl & Jones LLP
Mr. Jeffrey Atkins
Deputy Clerk for Case Initiation Robert N. Michaelson
United States Supreme Court (USSC) Rich Michaelson Magaliff Moser, LLP

Mr. Clayton R. Higgins, Jr. E-filing Support, USSC


Case Analyst, USSC Public Information Office, USSC

UPS delivered my pleading to the U.S. Bankruptcy Court, Jacksonville, on April 25, 2019 at
1:20 PM. I believe Judge Funk’s actions show evidence of his specific intent to engage in
bankruptcy fraud, obstruction of justice, and to deprive me of rights under color of law.

Judge Funk likely backdated his Order Dismissing Case (Doc-24) to April 23, 2019 after he read
my courtesy pleading. Certainly Judge Funk’s Order Dismissing Case was not docketed until the
next day, April 24, 2019. (Exhibit 1). With malice aforethought, Judge Funk knowingly entered
falsehoods on the record to harm me in his Order Dismissing Case (Doc-24).

DEBTOR’S RESPONSE TO TRUSTEE’S MOTION TO DISMISS (DOC-23) appears on Pacer:


Case 3:19-bk-00808-JAF Doc 25 Filed 04/25/19 Page 1 of 36, and states in relevant part,

1. On April 8, 2019 I gave notice in this Court (DOC-22) of filing in the U.S. Supreme
Court my Rule 44.1 Petition for Rehearing Petition No. 18-7225 motion for
reconsideration of order denying leave to proceed in forma pauperis, on reverse mortgage
foreclosure of my home.

2. Previously I motioned for an extension of time (DOC-14) to comply with this Court’s

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Clifford J. White III, Director May 7, 2019
Executive Office U.S. Trustees

Notice of Deficient Filing (DOC-08). This Court abated my motion (DOC-15) then set
aside the Order (DOC-16) and granted my motion (DOC-18), but I took issue with the
dates. (DOC-22).

3. On April 10, 2019 the U.S. Supreme Court online docket shows “Motion
DISTRIBUTED for Conference of 4/26/2019”, attached as Exhibit 1, and shown at this
link: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-
7225.html

4. In further response to the Trustee’s Motion to Dismiss (DOC-23):

a. Regarding the meeting required by 11 U.S.C. §341 scheduled on April 15, 2019 at
10:00 a.m., I assumed it would be continued in consideration of my response at DOC-22.

b. Regarding proof of filing the last four (4) years of federal income tax returns as
required by 11 U.S.C. §§521(e)(2) and 1308 and the Administrative Order Prescribing
Procedures for Chapter 13 Cases, I have not filed federal income tax returns for the last
four (4) years because my income is exempt from filing. See enclosed Declaration of Neil
J. Gillespie. For the last four (4) years my income amounted to:

2018: $24,840
$24,540, 2018 Form SSA-1099 -Social Security Benefit Statement.
$300, 2018 Chase Bank one-time cash bonus to open checking account.

2017: $24,060
2017 Form SSA-1099 -Social Security Benefit Statement

2016: $23,986.80
2016 Form SSA-1099 -Social Security Benefit Statement

2015: $23,986.80
2015 Form SSA-1099 -Social Security Benefit Statement

c. Regarding payment advices, pay stubs, and/or documentation of income sources


for the six (6) month period preceding the filing of this petition as required by 11 U.S.C.
§521(a) (1)(B)(iv) as well as the Administrative Order Prescribing Procedures for
Chapter 13 Cases, see enclosed Declaration of Neil J. Gillespie. I received the following
income from Social Security Disability for the six (6) month period preceding the filing
of this petition on March 8, 2019:

2019 Social Security new benefit amount.


February 2019 $1,966 January 2019 $1,966

2018 Social Security new benefit amount.


December 2018 $1,911 November 2018 $1,911
October 2018 $1,911 September 2018 $1,911

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Clifford J. White III, Director May 7, 2019
Executive Office U.S. Trustees

d. To be provided: Item 4. file Schedules A through J and a fully completed


Summary of Your Assets and Liabilities (forms 106 for individuals or 206 for non-
individuals).

e. To be provided: Item 5. file the Statement of Financial Affairs (form BI07 for an
individual or B207 for non-individuals).

f. Regarding item 6, provide the Debtor's telephone number on the voluntary


petition on page 8, see attached amended page 8 with my telephone number: 352-854-
7807, and email address, neilgillespie@mfi.net.

g. To be provided: Item 7. file the Chapter 13 Statement of Your Current Monthly


Income and Calculation of Commitment Period (Official Form B 122C).

h. To be provided: Item 8. file a Chapter 13 Plan pursuant to Fed. R. Bankr. P.


3015(b) per the Court's Model Chapter 13 Plan.

5. In further response to the Trustee’s Motion to Dismiss (DOC-23):

a. Reverse Mortgage Solutions, Inc. (RMS), the Plaintiff in my home foreclosure of


a HECM reverse mortgage, is currently in chapter 11 bankruptcy, see 1:19-bk-10422
New York Southern Bankruptcy Court.

b. RMS is owned by Ditech Holding Corporation, which is also in chapter 11


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

c. Today, April 23, 2019 a story published online in HousingWire / Jessica Guerin,
www.housingwire.com/articles/48863-victims-of-reverse-mortgage-scam-want-
protection-from-ditechbankruptcy

Victims of reverse mortgage scam want protection from Ditech bankruptcy


Request the creation of a committee to protect consumer interests (Exhibit 2)

states in part,

But now, Ditech is in the midst of a bankruptcy that might impact these fraud victims,
said J. Samuel Tenenbaum, director of Northwestern’s Complex Civil Litigation and
Investor Protection Center, who is representing some of the victims.

On Friday, Tenenbaum filed a request with the U.S. Trustee, asking for the creation of a
committee of consumer creditors to represent borrowers who have loans with Ditech or
its subsidiaries.

In the filing, Tenenbaum said the request was “based upon our observations of the types

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Clifford J. White III, Director May 7, 2019
Executive Office U.S. Trustees

of servicing abuses Ditech and RMS consumers have suffered, as well as the type of
wrongful action our clients have suffered, and our concern that consumers may be
without recourse to appropriately address these errors if their interests are
not specifically represented in bankruptcy.”

Of particular concern is the fact that Ditech has asserted that its loans currently in
foreclosure should not be subject to an automatic stay as ordered by the bankruptcy court.

“Our fear is that this preclusion would strip RMS foreclosure litigants of their rights and
impose undue hardships thereon without any enforceable remedies,” Tenenbaum wrote,
adding that many of his clients are elderly,

d. I intend to file a claim against RMS/ Ditech for wrongful home foreclosure.

6. The purpose for Debtor’s Motion To Extend Time To Respond To Notice Of


Incomplete And/Or Deficient Filing (DOC-14), in addition to the deficiency, was set
forth in part as:

4c. This Chapter 13 bankruptcy Case No. 3: 19-bk-00808-JAF involves my home in


wrongful foreclosure on a federal Home Equity Conversion Mortgage, also called a
HECM reverse mortgage, which is the subject of USSC Petition No. 18-7225.

4d. In the interest of due process, I should be allowed to file a Rule 44 Petition for
Rehearing in No. 18-7225 , including a motion to appeal the denial of IFP, before
proceeding with this Chapter 13 bankruptcy Case No. 3: 19-bk-00808-JAF

7. My USSC Rule 44.1 Petition for Rehearing was filed in No. 18-7225 and copy
provided to this Court. (DOC-22).

8. I believe Part 2 of my Rule 44.1 Petition for Rehearing pertains to this foreclosure, and
the bankruptcies of RMS 1:19-bk-10422 New York Southern Bankruptcy Court, and
Ditech 1:19-bk-10412 New York Southern Bankruptcy Court.

PART 2

President Donald J. Trump signed an executive memorandum Wednesday [March 27,


2019] initiating the process of reforming the United States housing system, which
includes an objective to examine the “financial viability” of the Home Equity Conversion
Mortgage (HECM) program. (Reverse Mortgage Today)

16. A HECM foreclosure must commence within 6 months. 24 C.F.R. §


206.125(d)(1). Borrower Penelope Gillespie died September 16, 2009. The
Plaintiff did not commence this foreclosure until January 9, 2013.

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Clifford J. White III, Director May 7, 2019
Executive Office U.S. Trustees

17. Because the Plaintiff missed the time to bring a foreclosure, it has relied on
false documents showing Penelope Gillespie is still alive, including its notice of
foreclosure, and routine correspondence addressed to “Penelope Gillespie”.

18. The Florida courts have refused to acknowledge my First Amended Answer
specifically, the Plaintiff is NOT entitled to enforce the Note and Mortgage
pursuant to F.S. § 673.3011. Penelope Gillespie was not competent due to
Alzheimer’s disease. Section 673.3051 of the Florida Statutes provides for
defenses and claims in recoupment. Subpart (1)(a)2. provides a defense for "lack
of legal capacity, or illegality of the transaction which, under other law, nullifies
the obligation of the obligor;" and extinguished all equities of redemption.

19. The HECM financial projections I received were beyond optimistic; they were
fraudulent, off by $81,144. [void under section 10(b) of the Securities Exchange
Act of 1934]. I agreed to this reverse mortgage as an investment that would return
sufficient cash to purchase another property. Instead I am in Chapter 13
bankruptcy.

20. Paragraph 10 of the Gillespie HECM Reverse Mortgage:

10. No Deficiency Judgments. Borrower shall have no personal liability


for payment of the debt secured by this Security Instrument. Lender may
enforce the debt only through sale of the Property. Lender shall not be
permitted to obtain a deficiency judgment against Borrower if the Security
Instrument is foreclosed. If this Security Instrument is assigned to the
Secretary upon demand by the Secretary, Borrower shall not be liable for
any difference between the mortgage insurance benefits paid to Lender
and the outstanding indebtedness, including accrued interest, owed by
Borrower at the time of the assignment.

21. Notwithstanding paragraph 10 and “No Deficiency Judgments”, Judge Craggs


ruled that the Plaintiff can collect a deficiency judgement.

9. Separately and in addition to, under HECM rules, the surviving heirs are entitled to
purchase a foreclosed HECM property for 95 percent of the appraised value. I do not
recall if and when the Plaintiff, Reverse Mortgage Solutions, Inc., complied with the rule
and offered to sell me the home for 95 percent of the appraised value.

10. On information and belief, Plaintiff’s counsel and the trial judge conspired to violate
Fla. Stat. § 817.568(8)(a) Criminal use of personal identification information and trial
evidence:

(8)(a) Any person who willfully and fraudulently uses, or possesses with intent to
fraudulently use, personal identification information concerning a deceased
individual or dissolved business entity commits the offense of fraudulent use or

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Clifford J. White III, Director May 7, 2019
Executive Office U.S. Trustees

possession with intent to use personal identification information of a deceased


individual or dissolved business entity, a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.

11. Penelope Gillespie died on September 16, 2009. Plaintiff’s counsel, Curtis Wilson of
McCalla, Raymer, Leibert, Pierce, LLC, submitted trial evidence in violation of
817.568(8)(a),

Notice of Default and Intent to Foreclose


Date Admitted As Evidence: 07/18/2017
Evidence ID: PL-4

because the Notice of Default and Intent to Foreclose is dated June 8, 2012 to “Penelope
Gillespie” and “Dear Penelope Gillespie”. The Evidence List appears at Exhibit 3. The
Notice of Default and Intent to Foreclose appears at Exhibit 4 as signed by trial Judge
Ann Melinda Craggs.

12. This notice does not inform “Penelope Gillespie” because she died on September 16,
2009. A deceased person cannot own property, or respond to this notice. This notice is
defective.

13. As set forth in paragraphs 16 and 17 of my Petition for Rehearing No. 18-7225,

16. A HECM foreclosure must commence within 6 months. 24 C.F.R. §


206.125(d)(1). Borrower Penelope Gillespie died September 16, 2009. The
Plaintiff did not commence this foreclosure until January 9, 2013.

17. Because the Plaintiff missed the time to bring a foreclosure, it has relied on
false documents showing Penelope Gillespie is still alive, including its notice of
foreclosure, and routine correspondence addressed to “Penelope Gillespie”.

14. The Plaintiff’s envelope to the NOTICE OF DEFAULT AND INTENT TO


FORECLOSE (Exhibit 4) shows different names for U.S. Postal Service Certified Mail,
and is therefore fraudulent, because the Notice begins, “Dear Penelope Gillespie:” and
not,

“Dear Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family
Living Trust Agreement dated February 10, 1997”

In fact the trust is not mentioned at all. As set forth in my motion to dismiss, Mark
Gillespie was not provided a Notice of Default at his home in Fort Worth, Texas.

15. Therefore service on Neil J. Gillespie and Mark Gillespie, is fatally flawed. The Trust
was not sued. Penelope Gillespie was not sued. The Estate of Penelope Gillespie was not
sued.

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Clifford J. White III, Director May 7, 2019
Executive Office U.S. Trustees

16. On information and belief, the Plaintiff sued the wrong party in suing “Neil J.
Gillespie and Mark Gillespie as Co-Trustee of the Gillespie Family Living Trust
Agreement Dated February 10, 1997”, see the Foreclosure Benchbook 2013 “Parties
to the Foreclosure Action”, “Necessary and Proper Defendants” on page 16:

1. The owner of the fee simple title - only indispensable party defendant to
a foreclosure action. English v. Bankers Trust Co. of Calif., N.A., 895 So.
2d 1120, 1121 (Fla. 4th DCA 2005). Foreclosure is void if titleholder
omitted...

The titleholder on January 9, 2013 when the case was filed was the “Gillespie Family
Living Trust Agreement Dated February 10, 1997”. The Plaintiff failed to sue the only
indispensable party. Therefore, the foreclosure is void. See Filing # 83954243 E-Filed
01/27/2019 11:53:01 PM

DEFENDANT NEIL J. GILLESPIE’S AMENDED VERIFIED MOTION TO VACATE


FINAL JUDGMENT OF FORECLOSURE AND CANCEL MARCH 11, 2019
FORECLOSURE SALE

17. Separately and in addition, my home has structural damage, see the Imminent Danger
Letter - SFIC#140073 - by Proclaim Engineering, #18049. (Exhibit 5). My home was
inspected by Marion County and occupancy is permitted. (Exhibit 6). I have claims
against the builder, Development & Construction Corporation of America (DECCA), and
its related company, Oak Run Associates Limited (ORAL). ORAL is also creditor. I need
time to file my claim(s) against DECCA and ORAL.

18. Today I filed paperwork with the Federal Elections Commission:


Form 1, Neil J. Gillespie for President (Statement of Organization)
Form 2, Neil J. Gillespie (Statement of Candidacy)
Principal Campaign Committee ID Coo627810

I also ran for president in 2016 but got a late start, see Fla. Sup. Ct. Case No. SC16-2031.
I expect to receive campaign contributions that may affect this bankruptcy. Currently my
home serves as the address for my candidacy and for my campaign committee.

19. I respectfully move the Court to extend time to file the remaining deficiencies until I
file my claim against RMS/Ditech; to file my separate claims against DECCA/ORAL;
address the structural damage of my home; and get a ruling by the U.S. Supreme Court in
No. 18-7225.

WHEREFORE, I respectfully move the Court to extend time to file the remaining
deficiencies until I file my claim against RMS/Ditech; to file my separate claims against
DECCA/ORAL; address the structural damage of my home; and get a ruling by the U.S.
Supreme Court in No. 18-7225, and other relief this Court deems in the interest of justice.

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Clifford J. White III, Director May 7, 2019
Executive Office U.S. Trustees

RESPECTFULLY SUBMITTED, April 23, 2019.

In contrast, Judge Funk’s Order Dismissing Case, filed April 24, 2019 (Exhibit 1) states,
Case 3:19-bk-00808-JAF Doc 24 Filed 04/24/19 Page 1 of 2
Case 3:19-bk-00808-JAF Doc 24 Filed 04/24/19 Page 2 of 2

THIS CASE came on for consideration upon the Court's own motion. On March 11,
2019, the Court entered a Notice of Incomplete and/or Deficient Filing and Opportunity
to Cure Deficiencies (the “Notice”) (Doc. 8). The Notice indicated that the Debtor had
not filed a Chapter 13 Plan, Schedules A-J, a properly signed Declaration Concerning
Schedules, a Summary of Assets, a Statement of Monthly Income, and a Statement of
Financial Affairs. On March 25, 2019, the Debtor filed a Motion to Extend Deadline to
File Schedules, Statements and Chapter 13 Plan. On March 28, 2019, the Court entered
an Order extending the deadline for Debtor to file the required documents to April 8,
2019.

The Debtor did not file the required documents by the April 8, 2019 deadline. On April
10, 2019, after the deadline, the Debtor filed a response to the Order Granting Motion to
Extend

Deadline to File Schedules, Statements and Chapter 13 Plan in which he requested that
the Court extend the deadline for him to file the necessary documents to April 22, 2019.
Debtor did not file another Motion to Extend Deadline to File Schedules, Statements and
Chapter 13 Plan. Moreover, the Debtor has not filed any of the required documents.
Accordingly, it is

ORDERED:

1. The case is dismissed without prejudice and without a discharge effective on the
15th day from entry of this Order.

2. If the automatic stay imposed by 11 U.S.C. § 362(a) or § 1301 is in effect at the


time this Order is entered, the stay is extended 14 days from the date of this Order,
notwithstanding the provisions of 11 U.S.C. § 362(c)(2)(B).

3. If the Debtor files a motion to vacate or for reconsideration of the Order


Dismissing Case within 14 days of the date of this Order, the automatic stay imposed by
11 U.S.C. § 362 and the stay of action against codebtor under 11 U.S.C. § 1301 shall
remain in full force and effect until the Court rules on the motion.

4. All pending hearings are canceled with the exception of any currently scheduled
hearing on a motion for relief from stay or on an Order to Show Cause over which the
Court reserves jurisdiction.

The Clerk’s Office is directed to serve a copy of this Order on interested parties.

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Clifford J. White III, Director May 7, 2019
Executive Office U.S. Trustees

18 U.S. Code §4. Misprision of felony

“Whoever, having knowledge of the actual commission of a felony cognizable by a court


of the United States, conceals and does not as soon as possible make known the same to
some judge or other person in civil or military authority under the United States, shall be
fined under this title or imprisoned not more than three years, or both.”
https://www.law.cornell.edu/uscode/text/18/4

Judge Funk knows that the violation of Fla. Stat. § 817.568(8)(a) Criminal use of personal
identification information, used to foreclose on my home as shown above, is a felony cognizable
by a court of the United States, see What's the Department of Justice Doing About Identity Theft
and Fraud?
https://www.justice.gov/criminal-fraud/identity-theft/identity-theft-and-identity-fraud

The Department of Justice prosecutes cases of identity theft and fraud under a variety of
federal statutes. In the fall of 1998, for example, Congress passed the Identity Theft and
Assumption Deterrence Act. This legislation created a new offense of identity theft,
which prohibits "knowingly transfer[ring] or us[ing], without lawful authority, a means
of identification of another person with the intent to commit, or to aid or abet, any
unlawful activity that constitutes a violation of Federal law, or that constitutes a felony
under any applicable State or local law." 18 U.S.C. § 1028(a)(7). This offense, in most
circumstances, carries a maximum term of 15 years' imprisonment, a fine, and criminal
forfeiture of any personal property used or intended to be used to commit the offense.

Schemes to commit identity theft or fraud may also involve violations of other statutes
such as identification fraud (18 U.S.C. § 1028), credit card fraud (18 U.S.C. § 1029),
computer fraud (18 U.S.C. § 1030), mail fraud (18 U.S.C. § 1341), wire fraud (18 U.S.C.
§ 1343), or financial institution fraud (18 U.S.C. § 1344). Each of these federal offenses
are felonies that carry substantial penalties –¬ in some cases, as high as 30 years'
imprisonment, fines, and criminal forfeiture.

Because Judge Funk failed to report the criminal use of personal identification information, used
to foreclose on my home as shown, and a felony cognizable by a court of the United States, he
may be guilty of violating 18 U.S. Code §4. Misprision of felony.

Overall, I believe Judge Funk deprived me of rights under the color of law, see,

18 U.S. Code §242. Deprivation of rights under color of law


DEPRIVATION OF RIGHTS UNDER COLOR OF LAW (Exhibit 5)
https://www.justice.gov/crt/deprivation-rights-under-color-law

Section 242 of Title 18 makes it a crime for a person acting under color of any law to
willfully deprive a person of a right or privilege protected by the Constitution or laws of
the United States.

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Clifford J. White III, Director May 7, 2019
Executive Office U.S. Trustees

For the purpose of Section 242, acts under "color of law" include acts not only done by
federal, state, or local officials within the their lawful authority, but also acts done
beyond the bounds of that official's lawful authority, if the acts are done while the official
is purporting to or pretending to act in the performance of his/her official duties. Persons
acting under color of law within the meaning of this statute include police officers,
prisons guards and other law enforcement officials, as well as judges, care providers in
public health facilities, and others who are acting as public officials. It is not necessary
that the crime be motivated by animus toward the race, color, religion, sex, handicap,
familial status or national origin of the victim.

The offense is punishable by a range of imprisonment up to a life term, or the death


penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully
subjects any person in any State, Territory, Commonwealth, Possession, or District to the
deprivation of any rights, privileges, or immunities secured or protected by the
Constitution or laws of the United States, ... shall be fined under this title or imprisoned
not more than one year, or both; and if bodily injury results from the acts committed in
violation of this section or if such acts include the use, attempted use, or threatened use of
a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not
more than ten years, or both; and if death results from the acts committed in violation of
this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual
abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be
fined under this title, or imprisoned for any term of years or for life, or both, or may be
sentenced to death.

I filed a Proof of Claim, my claim number is 0000021130 filed on 4/24/2019 4:45:20 PM EST,
although it may need to be amended. The New York Southern Bankruptcy Court announced:

PROOF OF CLAIM DEADLINE UPDATED TO JUNE 3, 2019


(Rodriguez, Willie). Modified on 5/2/2019 (Richards, Beverly). (Entered: 05/02/2019)

Claims and Noticing Agent


Epiq Corporate Restructuring, LLC Claims Agent
(f/k/a Bankruptcy Services LLC)
777 Third Avenue, 12th Floor
New York, NY 10017
www.epiqglobal.com
646-282-2500

05/02/2019 Doc-496 Order signed on 4/30/2019 Further Extending General Bar Date for
Filing Proofs of Claim for Consumer Borrowers Nunc Pro Tunc. (related document(s)468)
(Rodriguez, Willie) (Entered: 05/02/2019)

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Clifford J. White III, Director May 7, 2019
Executive Office U.S. Trustees

Judicial Conduct and Disability

Several orders entered by Judge Funk appear to show confusion, which is a concern when the
judge is elderly. Although I do not know the age of Judge Funk, stories published online about
the judge suggest he is approximately age 73. The suspect orders are the following:

Doc-15, Order Abating Motion To Extend Deadline To File Schedules, Statements And Chapter
13 Plan, entered March 25, 2019. (Exhibit 2).

THIS CASE came on for consideration, without hearing, of the Motion to Extend
Deadline to File Schedules, Statements and Chapter 13 Plan by the Debtor , Doc. # 14 .
After review, the Court determines that the motion , is deficient as follows:
A signed and dated proof of service was not filed. Local Rule 9013-1.
Accordingly it is
ORDERED:
Consideration of the motion is abated until the deficiency is corrected.

Doc-16, Order Setting Aside Order Abating Motion to Extend Deadline To File Schedules,
Statements and Chapter 13 Plan Dated March 25, 2019, entered March 26, 2019. (Exhibit 3).

On March 25, 2019, an Order Abating Motion to Extend Deadline to File Schedules,
Statements and Chapter 13 Plan was entered in error, it is
ORDERED:
The Order Abating Motion to Extend Deadline to File Schedules, Statements and Chapter
13 Plan dated March 25, 2019, is set aside.

Doc-18, Order Granting Motion To Extend Time To File Schedules, Statements and Chapter 13
Plan, entered March 28, 2019. (Exhibit 4).

THIS CASE came on for consideration, without hearing, of the Debtor's Motion to
Extend Time to File Schedules, Statements and Chapter 13 Plan (Document No. 14) (the
"Motion"). After reviewing the Motion, it is
ORDERED:
1. The Motion is GRANTED.
2. Debtor shall file all needed Schedules, Statements, and Chapter 13 Plan by April 8,
2019. The Clerk's office is directed to serve a copy of this order on interested parties.

Although Judge Funk granted my motion, he calculated the extension of time incorrectly. The
Court’s ongoing misconduct and/or disability necessitated another pleading, see Doc-22, my
Debtor’s Response To Doc-18 “Order Granting Motion To Extend Time To File Schedules,
Statements and Chapter 13 Plan”, submitted April 8, 2019.

According to the U.S. Courts website, “misconduct” means conduct prejudicial to the effective
and expeditious administration of the business of the courts. “Disability” means a temporary or
permanent condition, either mental or physical, that makes the judge unable to discharge all the

12
Clifford J. White III, Director May 7, 2019
Executive Office U.S. Trustees

duties of the judicial office. Federal judicial complaints are governed by The Judicial Conduct
and Disability Act of 1980, 28 U.S.C. §§ 351-364, and are confidential.

RESPECTFULLY SUBMITTED, May 7, 2019.

Neil J. Gillespie, Debtor pro se


8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

Cc: Clerk,
U.S. Bankruptcy Court
300 North Hogan Street, Suite 3-150
Jacksonville, FL 32202
Debtor Neil Gillespie, Case No. 3:19-bk-00808-JAF
VIA UPS No. 1Z64589FNT97427721

Cc: Clerk
U.S. Bankruptcy Court
1 Bowling Green, Room 615
New York, NY 10004
Debtor Reverse Mortgage Solutions, Inc. (RMS), Case No. 1:19-bk-10422
Debtor Ditech Holding Corporation, Case No. 1:19-bk-10412
VIA UPS No. 1Z64589FNW96803730

13
Case 3:19-bk-00808-JAF Doc 24 Filed 04/24/19 Page 1 of 2

ORDERED.

Dated: April 23, 2019

UNITED STATES BANKRUPTCY COURT


MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
In re:
Case No.: 3:19-bk-808-JAF
NEIL GILLESPIE,

Debtor. Chapter 13
_____________________________________/

ORDER DISMISSING CASE

THIS CASE came on for consideration upon the Court's own motion. On March 11,

2019, the Court entered a Notice of Incomplete and/or Deficient Filing and Opportunity to Cure

Deficiencies (the “Notice”) (Doc. 8). The Notice indicated that the Debtor had not filed a

Chapter 13 Plan, Schedules A-J, a properly signed Declaration Concerning Schedules, a

Summary of Assets, a Statement of Monthly Income, and a Statement of Financial Affairs. On

March 25, 2019, the Debtor filed a Motion to Extend Deadline to File Schedules, Statements and

Chapter 13 Plan. On March 28, 2019, the Court entered an Order extending the deadline for

Debtor to file the required documents to April 8, 2019.

The Debtor did not file the required documents by the April 8, 2019 deadline. On April

10, 2019, after the deadline, the Debtor filed a response to the Order Granting Motion to Extend

1
Case 3:19-bk-00808-JAF Doc 24 Filed 04/24/19 Page 2 of 2

Deadline to File Schedules, Statements and Chapter 13 Plan in which he requested that the Court

extend the deadline for him to file the necessary documents to April 22, 2019. Debtor did not

file another Motion to Extend Deadline to File Schedules, Statements and Chapter 13 Plan.

Moreover, the Debtor has not filed any of the required documents. Accordingly, it is

ORDERED:

1. The case is dismissed without prejudice and without a discharge effective on the
15th day from entry of this Order.
2. If the automatic stay imposed by 11 U.S.C. § 362(a) or § 1301 is in effect at the
time this Order is entered, the stay is extended 14 days from the date of this Order,
notwithstanding the provisions of 11 U.S.C. § 362(c)(2)(B).
3. If the Debtor files a motion to vacate or for reconsideration of the Order
Dismissing Case within 14 days of the date of this Order, the automatic stay imposed by 11
U.S.C. § 362 and the stay of action against codebtor under 11 U.S.C. § 1301 shall remain in full
force and effect until the Court rules on the motion.

4. All pending hearings are canceled with the exception of any currently scheduled
hearing on a motion for relief from stay or on an Order to Show Cause over which the Court
reserves jurisdiction.

The Clerk’s Office is directed to serve a copy of this Order on interested parties.
Case 3:19-bk-00808-JAF Doc 15 Filed 03/25/19 Page 1 of 1
[Dodefmao] [District Order Deficient Motion, Application or Objection]

ORDERED.
Dated: March 25, 2019

UNITED STATES BANKRUPTCY COURT


MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
www.flmb.uscourts.gov

In re: Case No. 3:19−bk−00808−JAF


Chapter 13
Neil Gillespie
aka Neil Joseph Gillespie

________Debtor*________/

ORDER ABATING MOTION TO EXTEND DEADLINE TO FILE SCHEDULES, STATEMENTS AND


CHAPTER 13 PLAN

THIS CASE came on for consideration, without hearing, of the Motion to Extend Deadline to File
Schedules, Statements and Chapter 13 Plan by the Debtor , Doc. # 14 . After review, the Court determines that
the motion , is deficient as follows:

A signed and dated proof of service was not filed. Local Rule 9013−1.

Accordingly it is

ORDERED:

Consideration of the motion is abated until the deficiency is corrected.

The Clerk's Office is directed to serve a copy of this order on interested parties.
*All references to "Debtor" shall include and refer to both of the debtors in a case filed jointly by two
individuals.

2
Case 3:19-bk-00808-JAF Doc 16 Filed 03/27/19 Page 1 of 1

ORDERED.

Dated: March 27, 2019

UNITED STATES BANKRUPTCY COURT


MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

CASE NO: 3:19-bk-00808-JAF


IN RE:
Chapter 13
Neil Gillespie
Debtor(s)

ORDER SETTING ASIDE ORDER ABATING MOTION TO EXTEND DEADLINE TO

FILE SCHEDULES, STATEMENTS AND CHAPTER 13 PLAN DATED MARCH 25,

2019

On March 25, 2019, an Order Abating Motion to Extend Deadline to File Schedules,

Statements and Chapter 13 Plan was entered in error, it is

ORDERED:

The Order Abating Motion to Extend Deadline to File Schedules, Statements and Chapter 13

Plan dated March 25, 2019, is set aside.

3
Order Setting Aside / / / Revised: 2/12/2019 9:25:00 AM Printed: 3/27/2019 Page: 1 of 1
Case 3:19-bk-00808-JAF Doc 18 Filed 03/28/19 Page 1 of 1
[Doess13p] [District Order Granting Motion to Extend Time to File Schedules, Statements, or Chapter 13 Plan]

ORDERED.
Dated: March 28, 2019

UNITED STATES BANKRUPTCY COURT


MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
www.flmb.uscourts.gov

In re: Case No. 3:19−bk−00808−JAF


Chapter 13
Neil Gillespie
aka Neil Joseph Gillespie

________Debtor*________/

ORDER GRANTING MOTION TO EXTEND TIME


TO FILE SCHEDULES, STATEMENTS AND CHAPTER 13 PLAN

THIS CASE came on for consideration, without hearing, of the Debtor's Motion to Extend Time to File
Schedules, Statements and Chapter 13 Plan (Document No. 14) (the "Motion"). After reviewing the Motion, it
is
ORDERED:

1. The Motion is GRANTED.

2. Debtor shall file all needed Schedules, Statements, and Chapter 13 Plan by April 8, 2019.

The Clerk's office is directed to serve a copy of this order on interested parties.

*All references to "Debtor" shall include and refer to both of the debtors in a case filed jointly by two
individuals.

4
5/6/2019 Deprivation Of Rights Under Color Of Law | CRT | Department of Justice

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

SUMMARY:

Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a
person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or
local officials within the their lawful authority, but also acts done beyond the bounds of that official's
lawful authority, if the acts are done while the official is purporting to or pretending to act in the
performance of his/her official duties. Persons acting under color of law within the meaning of this
statute include police officers, prisons guards and other law enforcement officials, as well as judges,
care providers in public health facilities, and others who are acting as public officials. It is not necessary
that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or
national origin of the victim.

The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending
upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any
person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any
rights, privileges, or immunities secured or protected by the Constitution or laws of the United
States, ... shall be fined under this title or imprisoned not more than one year, or both; and if
bodily injury results from the acts committed in violation of this section or if such acts include
the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be
fined under this title or imprisoned not more than ten years, or both; and if death results from the
acts committed in violation of this section or if such acts include kidnaping or an attempt to
kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an
attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or
both, or may be sentenced to death.

Return to the Criminal Section Home Page

>

Updated August 6, 2015

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https://www.justice.gov/crt/deprivation-rights-under-color-law 1/1
Page 1 of 3

Neil Gillespie

From: "Neil Gillespie" <neilgillespie@mfi.net>


To: <attomeys@ch13jaxf1.com>; "Neil Gillespie" <neilgillespie@mfi.net>;
<Ashley.Popowitz@mccalla.com>; <ray.schrock@weil.com>; <sunny.singh@weil.com>;
<benjamin.j.higgins@usdoj.gov>; <greg.zipes@usdoj.gov>; <rfeinstein@pszyj.com>;
<rmichaelson@r3mlaw.com>; <bsandler@pszjlaw.com>
Cc: <jerryala@comcast.net>; "Jeffrey Atkins" <jatkins@supremecourt.gov>; "Clayton Higgins"
<chiggins@supremecourt.gov>; <efilingsupport@supremecourt.gov>; <pio@supremecourt.gov>
Sent: Tuesday, April 23, 2019 10:16 PM
Attach: DEBTOR’S RESPONSE TO TRUSTEE’S MOTION TO DISMISS (DOC-23).pdf; CERTIFICATE OF
SERVICE.pdf
Subject: NOTICE OF SERVICE OF COURT DOCUMENTS Case No. 3:19-bk-00808-JAF

NOTICE OF SERVICE OF COURT DOCUMENTS Case No. 3:19-bk-00808-JAF

DEBTOR’S RESPONSE TO TRUSTEE’S MOTION TO DISMISS (DOC-23)

U.S. Bankruptcy Court


Middle District of Florida (Jacksonville)
Bankruptcy Petition #: 3:19-bk-00808-JAF
Assigned to: Hon. Jerry A. Funk
Trustee: Douglas W Neway

Case No. 3:19-bk-00808-JAF


Date filed: 03/08/2019
Debtor Neil Gillespie, PRO SE
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net

CERTIFICATE OF SERVICE - April 23, 2019 - I, Neil J. Gillespie, Debtor, hereby certify a true and
correct copy of the foregoing was served by E-mail, where available, on April 23, 2019 on the names
shown on the attached Certificate of Service. \/s/ Neil J. Gillespie, aka Neil Gillespie, Neil Joseph
Gillespie

Contact:
Neil J. Gillespie
8092 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net
Tel. 352-854-7807

Calls on home office telephone extension (352) 854-7807 are recorded for quality assurance purposes
pursuant to the use exemption of Fla. Stat. ch. 934, § 934.02(4)(a)(1) and the holding of Royal Health
Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991).

SERVICE LIST, Attached

Additional Service to:

Honorable Jerry A Funk


Appendix A

4/30/2019
Page 2 of 3

US Bankruptcy Court
MDFL, Jacksonville
jerryala@comcast.net

U.S. SUPREME COURT, No 18-7225


NEIL J. GILLESPIE,
Petitioner
vs.
REVERSE MORTGAGE SOLUTIONS, INC.,
Respondent
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-7225.html

Mr. Jeffrey Atkins


Deputy Clerk for Case Initiation, USSC
jatkins@supremecourt.gov

Mr. Clayton R. Higgins, Jr.


Case Analyst, USSC
chiggins@supremecourt.gov

E-filing Support, USSC


efilingsupport@supremecourt.gov

Public Information Office, USSC


pio@supremecourt.gov

----- Original Message -----


From: UPS Quantum View
To: neilgillespie@mfi.net
Sent: Tuesday, April 23, 2019 9:21 PM
Subject: UPS Exception Notification, Tracking Number 1Z64589FP296507660

UP

The status of your package has changed.

Sender tendered the shipment to


UPS after the latest pickup time for
Exception Reason:
the requested service. A day delay is
likely.

At the request of NEIL J. GILLESPIE, this notice alerts you that the status of the shipment listed below has
changed.

4/30/2019
Page 3 of 3

Shipment Details
Tracking Number: 1Z64589FP296507660
U.S. Bankruptcy Court
300 North Hogan Street
Ship To: Suite 3-150
JACKSONVILLE, FL 322023934
US

UPS Service: UPS GROUND

Package Weight: 1.0 LBS

© 2019 United Parcel Service of America, Inc. UPS, the UPS brandmark, and the color brown are
trademarks of United Parcel Service of America, Inc. All rights reserved.

All trademarks, trade names, or service marks that appear in connection with UPS's services are the
property of their respective owners.

Please do not reply directly to this e-mail. UPS will not receive any reply message. For more information on
UPS's privacy practices, refer to the UPS Privacy Notice. For questions or comments, visit the Help and
Support Center.

This communication contains proprietary information and may be confidential. If you are not the intended
recipient, the reading, copying, disclosure or other use of the contents of this e-mail is strictly prohibited
and you are instructed to please delete this e-mail immediately.

UPS Privacy Notice


Help and Support Center

4/30/2019
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

In re: Case No. 3:19-bk-00808-JAF


Chapter 13
Neil Gillespie
aka Neil Joseph Gillespie

Debtor.
______________________/

DEBTOR’S RESPONSE TO TRUSTEE’S MOTION TO DISMISS (DOC-23)

Debtor, NEIL GILLESPIE, age 63 and suffering the infirmaries of aging, an indigent

non-lawyer, unable to obtain adequate counsel, a consumer of legal and court services affecting

interstate commerce, a consumer of personal, family and household goods and services,

consumer transactions in interstate commerce, a person with disabilities, a vulnerable adult,

reluctantly appears pro se, here in the first person, files Debtor’s Response To Trustee’s Motion

To Dismiss (DOC-23) and states:

1. On April 8, 2019 I gave notice in this Court (DOC-22) of filing in the U.S. Supreme

Court my Rule 44.1 Petition for Rehearing Petition No. 18-7225 motion for reconsideration of

order denying leave to proceed in forma pauperis, on reverse mortgage foreclosure of my home.

2. Previously I motioned for an extension of time (DOC-14) to comply with this Court’s

Notice of Deficient Filing (DOC-08). This Court abated my motion (DOC-15) then set aside the

Order (DOC-16) and granted my motion (DOC-18), but I took issue with the dates. (DOC-22).

3. On April 10, 2019 the U.S. Supreme Court online docket shows “Motion

DISTRIBUTED for Conference of 4/26/2019”, attached as Exhibit 1, and shown at this link:

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-7225.html
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF

4. In further response to the Trustee’s Motion to Dismiss (DOC-23):

a. Regarding the meeting required by 11 U.S.C. §341 scheduled on April 15, 2019 at

10:00 a.m., I assumed it would be continued in consideration of my response at DOC-22.

b. Regarding proof of filing the last four (4) years of federal income tax returns as

required by 11 U.S.C. §§521(e)(2) and 1308 and the Administrative Order Prescribing

Procedures for Chapter 13 Cases, I have not filed federal income tax returns for the last four (4)

years because my income is exempt from filing. See enclosed Declaration of Neil J. Gillespie.

For the last four (4) years my income amounted to:

2018: $24,840
$24,540, 2018 Form SSA-1099 -Social Security Benefit Statement.
$300, 2018 Chase Bank one-time cash bonus to open checking account.

2017: $24,060
2017 Form SSA-1099 -Social Security Benefit Statement

2016: $23,986.80
2016 Form SSA-1099 -Social Security Benefit Statement

2015: $23,986.80
2015 Form SSA-1099 -Social Security Benefit Statement

c. Regarding payment advices, pay stubs, and/or documentation of income sources

for the six (6) month period preceding the filing of this petition as required by 11 U.S.C. §521(a)

(1)(B)(iv) as well as the Administrative Order Prescribing Procedures for Chapter 13 Cases, see

enclosed Declaration of Neil J. Gillespie. I received the following income from Social Security

Disability for the six (6) month period preceding the filing of this petition on March 8, 2019:

2019 Social Security new benefit amount.


February 2019 $1,966 January 2019 $1,966

2018 Social Security new benefit amount.


December 2018 $1,911 November 2018 $1,911
October 2018 $1,911 September 2018 $1,911

2
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF

d. To be provided: Item 4. file Schedules A through J and a fully completed

Summary of Your Assets and Liabilities (forms 106 for individuals or 206 for non-individuals).

e. To be provided: Item 5. file the Statement of Financial Affairs (form BI07 for an

individual or B207 for non-individuals).

f. Regarding item 6, provide the Debtor's telephone number on the voluntary

petition on page 8, see attached amended page 8 with my telephone number: 352-854-7807, and

email address, neilgillespie@mfi.net.

g. To be provided: Item 7. file the Chapter 13 Statement of Your Current Monthly

Income and Calculation of Commitment Period (Official Form B 122C).

h. To be provided: Item 8. file a Chapter 13 Plan pursuant to Fed. R. Bankr. P.

3015(b) per the Court's Model Chapter 13 Plan.

5. In further response to the Trustee’s Motion to Dismiss (DOC-23):

a. Reverse Mortgage Solutions, Inc. (RMS), the Plaintiff in my home foreclosure of


a HECM reverse mortgage, is currently in chapter 11 bankruptcy, see 1:19-bk-10422 New York
Southern Bankruptcy Court.

b. RMS is owned by Ditech Holding Corporation, which is also in chapter 11


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

c. Today, April 23, 2019 a story published online in HousingWire / Jessica Guerin,
www.housingwire.com/articles/48863-victims-of-reverse-mortgage-scam-want-protection-from-ditechbankruptcy

Victims of reverse mortgage scam want protection from Ditech bankruptcy


Request the creation of a committee to protect consumer interests (Exhibit 2)

states in part,

But now, Ditech is in the midst of a bankruptcy that might impact these fraud victims,
said J. Samuel Tenenbaum, director of Northwestern’s Complex Civil Litigation and
Investor Protection Center, who is representing some of the victims.

On Friday, Tenenbaum filed a request with the U.S. Trustee, asking for the creation of a
committee of consumer creditors to represent borrowers who have loans with Ditech or
its subsidiaries.

3
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF

In the filing, Tenenbaum said the request was “based upon our observations of the types
of servicing abuses Ditech and RMS consumers have suffered, as well as the type of
wrongful action our clients have suffered, and our concern that consumers may be
without recourse to appropriately address these errors if their interests are
not specifically represented in bankruptcy.”

Of particular concern is the fact that Ditech has asserted that its loans currently in
foreclosure should not be subject to an automatic stay as ordered by the bankruptcy court.

“Our fear is that this preclusion would strip RMS foreclosure litigants of their rights and
impose undue hardships thereon without any enforceable remedies,” Tenenbaum wrote,
adding that many of his clients are elderly,

d. I intend to file a claim against RMS/ Ditech for wrongful home foreclosure.

6. The purpose for Debtor’s Motion To Extend Time To Respond To Notice Of Incomplete

And/Or Deficient Filing (DOC-14), in addition to the deficiency, was set forth in part as:

4c. This Chapter 13 bankruptcy Case No. 3: 19-bk-00808-JAF involves my home in


wrongful foreclosure on a federal Home Equity Conversion Mortgage, also called a
HECM reverse mortgage, which is the subject of USSC Petition No. 18-7225.

4d. In the interest of due process, I should be allowed to file a Rule 44 Petition for
Rehearing in No. 18-7225 , including a motion to appeal the denial of IFP, before
proceeding with this Chapter 13 bankruptcy Case No. 3: 19-bk-00808-JAF.

7. My USSC Rule 44.1 Petition for Rehearing was filed in No. 18-7225 and copy provided

to this Court. (DOC-22).

8. I believe Part 2 of my Rule 44.1 Petition for Rehearing pertains to this foreclosure, and

the bankruptcies of RMS 1:19-bk-10422 New York Southern Bankruptcy Court, and Ditech

1:19-bk-10412 New York Southern Bankruptcy Court.

PART 2

President Donald J. Trump signed an executive memorandum Wednesday [March 27,


2019] initiating the process of reforming the United States housing system, which
includes an objective to examine the “financial viability” of the Home Equity Conversion
Mortgage (HECM) program. (Reverse Mortgage Today)

4
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF

16. A HECM foreclosure must commence within 6 months. 24 C.F.R. § 206.125(d)(1).


Borrower Penelope Gillespie died September 16, 2009. The Plaintiff did not commence
this foreclosure until January 9, 2013.

17. Because the Plaintiff missed the time to bring a foreclosure, it has relied on false
documents showing Penelope Gillespie is still alive, including its notice of foreclosure,
and routine correspondence addressed to “Penelope Gillespie”.

18. The Florida courts have refused to acknowledge my First Amended Answer
specifically, the Plaintiff is NOT entitled to enforce the Note and Mortgage pursuant to
F.S. § 673.3011. Penelope Gillespie was not competent due to Alzheimer’s disease.
Section 673.3051 of the Florida Statutes provides for defenses and claims in recoupment.
Subpart (1)(a)2. provides a defense for "lack of legal capacity, or illegality of the
transaction which, under other law, nullifies the obligation of the obligor;" and
extinguished all equities of redemption.

19. The HECM financial projections I received were beyond optimistic; they were
fraudulent, off by $81,144. [void under section 10(b) of the Securities Exchange Act of
1934]. I agreed to this reverse mortgage as an investment that would return sufficient
cash to purchase another property. Instead I am in Chapter 13 bankruptcy.

20. Paragraph 10 of the Gillespie HECM Reverse Mortgage:

10. No Deficiency Judgments. Borrower shall have no personal liability for


payment of the debt secured by this Security Instrument. Lender may enforce the
debt only through sale of the Property. Lender shall not be permitted to obtain a
deficiency judgment against Borrower if the Security Instrument is foreclosed. If
this Security Instrument is assigned to the Secretary upon demand by the
Secretary, Borrower shall not be liable for any difference between the mortgage
insurance benefits paid to Lender and the outstanding indebtedness, including
accrued interest, owed by Borrower at the time of the assignment.

21. Notwithstanding paragraph 10 and “No Deficiency Judgments”, Judge Craggs ruled
that the Plaintiff can collect a deficiency judgement.

9. Separately and in addition to, under HECM rules, the surviving heirs are entitled to

purchase a foreclosed HECM property for 95 percent of the appraised value. I do not recall if

and when the Plaintiff, Reverse Mortgage Solutions, Inc., complied with the rule and offered to

sell me the home for 95 percent of the appraised value.

10. On information and belief, Plaintiff’s counsel and the trial judge conspired to violate Fla.

Stat. § 817.568(8)(a) Criminal use of personal identification information and trial evidence:

5
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF

(8)(a) Any person who willfully and fraudulently uses, or possesses with intent to
fraudulently use, personal identification information concerning a deceased individual or
dissolved business entity commits the offense of fraudulent use or possession with intent
to use personal identification information of a deceased individual or dissolved business
entity, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.

11. Penelope Gillespie died on September 16, 2009. Plaintiff’s counsel, Curtis Wilson of

McCalla, Raymer, Leibert, Pierce, LLC, submitted trial evidence in violation of 817.568(8)(a),

Notice of Default and Intent to Foreclose


Date Admitted As Evidence: 07/18/2017
Evidence ID: PL-4

because the Notice of Default and Intent to Foreclose is dated June 8, 2012 to “Penelope

Gillespie” and “Dear Penelope Gillespie”. The Evidence List appears at Exhibit 3. The Notice of

Default and Intent to Foreclose appears at Exhibit 4 as signed by trial Judge Ann Melinda

Craggs.

12. This notice does not inform “Penelope Gillespie” because she died on September 16,

2009. A deceased person cannot own property, or respond to this notice. This notice is defective.

13. As set forth in paragraphs 16 and 17 of my Petition for Rehearing No. 18-7225,

16. A HECM foreclosure must commence within 6 months. 24 C.F.R. § 206.125(d)(1).


Borrower Penelope Gillespie died September 16, 2009. The Plaintiff did not commence
this foreclosure until January 9, 2013.

17. Because the Plaintiff missed the time to bring a foreclosure, it has relied on false
documents showing Penelope Gillespie is still alive, including its notice of foreclosure,
and routine correspondence addressed to “Penelope Gillespie”.

14. The Plaintiff’s envelope to the NOTICE OF DEFAULT AND INTENT TO

FORECLOSE (Exhibit 4) shows different names for U.S. Postal Service Certified Mail,

and is therefore fraudulent, because the Notice begins, “Dear Penelope Gillespie:” and not,

“Dear Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living
Trust Agreement dated February 10, 1997”

6
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF

In fact the trust is not mentioned at all. As set forth in my motion to dismiss, Mark Gillespie was

not provided a Notice of Default at his home in Fort Worth, Texas.

15. Therefore service on Neil J. Gillespie and Mark Gillespie, is fatally flawed. The Trust

was not sued. Penelope Gillespie was not sued. The Estate of Penelope Gillespie was not sued.

16. On information and belief, the Plaintiff sued the wrong party in suing “Neil J.

Gillespie and Mark Gillespie as Co-Trustee of the Gillespie Family Living Trust

Agreement Dated February 10, 1997”, see the Foreclosure Benchbook 2013 “Parties

to the Foreclosure Action”, “Necessary and Proper Defendants” on page 16:

1. The owner of the fee simple title - only indispensable party defendant to
a foreclosure action. English v. Bankers Trust Co. of Calif., N.A., 895 So.
2d 1120, 1121 (Fla. 4th DCA 2005). Foreclosure is void if titleholder
omitted...

The titleholder on January 9, 2013 when the case was filed was the “Gillespie Family Living

Trust Agreement Dated February 10, 1997”. The Plaintiff failed to sue the only indispensable

party. Therefore, the foreclosure is void. See Filing # 83954243 E-Filed 01/27/2019 11:53:01

PM

DEFENDANT NEIL J. GILLESPIE’S AMENDED VERIFIED MOTION TO VACATE FINAL


JUDGMENT OF FORECLOSURE AND CANCEL MARCH 11, 2019 FORECLOSURE SALE

17. Separately and in addition, my home has structural damage, see the Imminent Danger

Letter - SFIC#140073 - by Proclaim Engineering, #18049. (Exhibit 5). My home was inspected

by Marion County and occupancy is permitted. (Exhibit 6). I have claims against the builder,

Development & Construction Corporation of America (DECCA), and its related company, Oak

Run Associates Limited (ORAL). ORAL is also creditor. I need time to file my claim(s) against

DECCA and ORAL.

7
Neil Gillespie, Chapter 13
Case No. 3: 19-bk-00808-JAF

18. Today I filed paperwork with the Federal Elections Commission:

Form 1, Neil J. Gillespie for President (Statement of Organization)


Form 2, Neil J. Gillespie (Statement of Candidacy)
Principal Campaign Committee ID Coo627810

I also ran for president in 2016 but got a late start, see Fla. Sup. Ct. Case No. SC16-2031. I

expect to receive campaign contributions that may affect this bankruptcy. Currently my home

serves as the address for my candidacy and for my campaign committee.

19. I respectfully move the Court to extend time to file the remaining deficiencies until I file

my claim against RMS/Ditech; to file my separate claims against DECCA/ORAL; address the

structural damage of my home; and get a ruling by the U.S. Supreme Court in No. 18-7225.

WHEREFORE, I respectfully move the Court to extend time to file the remaining

deficiencies until I file my claim against RMS/Ditech; to file my separate claims against

DECCA/ORAL; address the structural damage of my home; and get a ruling by the U.S.

Supreme Court in No. 18-7225, and other relief this Court deems in the interest of justice.

RESPECTFULLY SUBMITTED, April 23, 2019.

Neil J. Gillespie, Debtor pro se


8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

8
U.S. Bankruptcy Court
Middle District of Florida (Jacksonville)
Bankruptcy Petition #: 3:19-bk-00808-JAF
Assigned to: Jerry A. Funk

CERTIFICATE OF SERVICE - April 23, 2019 - I, Neil J. Gillespie, Debtor, hereby certify a
true and correct copy of the foregoing was served by E-mail, where available, on April 23, 2019
on the names shown below. /s/ Neil J. Gillespie, aka Neil Gillespie, Neil Joseph Gillespie

Case No. 3:19-bk-00808-JAF


Date filed: 03/08/2019
Debtor Neil Gillespie, PRO SE
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net

U.S. Trustee Trustee


United States Trustee - JAX 13/7, 7 Douglas W Neway
Office of the United States Trustee Florida Bar No. 0709948
George C Young Federal Building Post Office Box 4308
400 West Washington Street, Suite 1100 Jacksonville, FL 32201-4308
Orlando, FL 32801 Telephone (904) 358-6465
407-648-6301 FAX (904) 634-0038
attomeys@ch 13jaxf1.com

Ashley Prager Popowitz


c/o McCALLA RAYMER LEIBERT PIERCE, LLC
Bankruptcy Department
110 S.E. 6th Street, Suite 2400
Ft. Lauderdale, FL 33301
Phone: 754-263-1065
Email: Ashley.Popowitz@mccalla.com
Attorney Bar No: 72341

-------------------------------
New York Southern Bankruptcy Court New York Southern Bankruptcy Court
Debtor 1:19-bk-10412 Debtor 1:19-bk-10422
Judge: James L. Garrity, Jr. Reverse Mortgage Solutions, Inc.
Case Filed: Feb 11, 2019 14405 Walters Rd Ste 200
Deadline for filing claims: 04/25/2019 Houston, TX 77014-1345
Ditech Holding Corporation, et al
3000 Bayport Drive, Suite 985
Tampa, FL 33607
MONTGOMERY-PA
Tax ID / EIN: 13-3950486
aka Walter Investment Management Corp.
Ray C Schrock
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
212-310-8000
Fax : 212-310-8000
ray.schrock@weil.com

Sunny Singh
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
212-310-8000
Fax : 212-310-8007
sunny.singh@weil.com

U.S. Trustee represented by Benjamin J. Higgins


United States Trustee Office of the United States Trustee
Office of the United States Trustee 201 Varick Street, Room 1006
U.S. Federal Office Building New York, NY 10014
201 Varick Street, Room 1006 Fax : 212-668-2255
New York, NY 10014 Email: benjamin.j.higgins@usdoj.gov
(212) 510-0500
Greg M. Zipes
Office of the United States Trustee
33 Whitehall Street, 21st Floor
New York, NY 10004
(212) 510-0500
Email: greg.zipes@usdoj.gov

Claims and Noticing Agent


Epiq Corporate Restructuring, LLC Claims Agent
(f/k/a Bankruptcy Services LLC)
777 Third Avenue, 12th Floor
New York, NY 10017
www.epiqglobal.com
646-282-2500

Creditor Committee
Official Committee of Unsecured Creditors

represented by Robert J. Feinstein


Pachulski Stang Ziehl & Jones LLP
780 Third Avenue, 34th Floor
New York, NY 10017-2024
(212) 561-7700
Fax : (212) 561-7777
Email: rfeinstein@pszyj.com

Robert N. Michaelson
Rich Michaelson Magaliff Moser, LLP
335 Madison Avenue, 9th Floor
New York, NY 10017
646-453-7853
Fax : 212-913-9642
Email: rmichaelson@r3mlaw.com

Bradford J. Sandler
Pachulski Stang Ziehl & Jones LLP
919 N. Market Street, 17th Floor
Wilmington, DE 19899-8705
(302) 652-4100
Fax : (302) 652-4400
Email: bsandler@pszjlaw.com
4/22/2019 Shipping | UPS - United States

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4/22/2019 Search - Supreme Court of the United States

1
Search documents in this case: Search

No. 18-7225

Title: Neil Gillespie, Petitioner


v.
Reverse Mortgage Solutions, Inc.

Docketed: January 3, 2019

Linked with 18A352

Lower Ct: Supreme Court of Florida

Case Numbers: (SC18-343)

Decision Date: July 13, 2018

DATE PROCEEDINGS AND ORDERS

Oct 01 2018 Application (18A352) to extend the time to file a petition for a writ of
certiorari from October 11, 2018 to December 10, 2018, submitted to
Justice Thomas.

Main Document Lower Court


Orders/Opinions Proof of Service

Oct 05 2018 Application (18A352) granted by Justice Thomas extending the time to
file until December 10, 2018.

Dec 10 2018 Petition for a writ of certiorari and motion for leave to proceed in forma
pauperis filed. (Response due February 4, 2019)

Motion for Leave to Proceed in Forma


Pauperis Petition Appendix Proof of
Service

Jan 30 2019 Waiver of right of respondent Reverse Mortgage Solutions, Inc. to


respond filed.

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-7225.html 1/3
4/22/2019 Search - Supreme Court of the United States

Main Document

Feb 14 2019 DISTRIBUTED for Conference of 3/1/2019.

Feb 25 2019 Supplemental brief of petitioner Neil Gillespie filed. (Distributed)

Main Document Proof of Service

Feb 26 2019 Second supplemental brief of petitioner Neil Gillespie filed.


(Distributed)

Main Document Proof of Service

Mar 04 2019 The motion for leave to proceed in forma pauperis is denied, and the
petition for a writ of certiorari is dismissed. See Rule 39.8. As the
petitioner has repeatedly abused this Court's process, the Clerk is
directed not to accept any further petitions in noncriminal matters from
petitioner unless the docketing fee required by Rule 38(a) is paid and
the petition is submitted in compliance with Rule 33.1. See Martin v.
District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).

Mar 29 2019 Motion for reconsideration of order denying leave to proceed in forma
pauperis filed by petitioner.

Main Document Proof of Service

Apr 10 2019 Motion DISTRIBUTED for Conference of 4/26/2019.

Main Document Proof of Service

NAME ADDRESS PHONE

Attorneys for Petitioner

Neil J. Gillespie 8092 SW 115th Loop (352) 854-7807


Ocala, FL 34481

Party name: Neil Gillespie

Attorneys for Respondent

Curtis A. Wilson McCalla Raymer Leibert Pierce, 407-674-1850


LLC

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-7225.html 2/3
4/22/2019 Search - Supreme Court of the United States

225 E. Robinson St., Suite 155


Orlando, FL 32801

Party name: Reverse Mortgage Solutions, Inc.

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-7225.html 3/3
4/23/2019 Victims of reverse mortgage scam want protection from Ditech bankruptcy | 2019-04-23 | HousingWire

www.housingwire.com/articles/48863-victims-of-reverse-mortgage-scam-want-protection-from-ditech-
bankruptcy

Gavel justice law legal

2
Victims of reverse mortgage scam want
protection from Ditech bankruptcy
Request the creation of a committee to protect consumer interests

Jessica Guerin
April 23, 2019

Two years ago, a Chicago loan officer was charged with defrauding elderly homeowners in a reverse mortgage
scam by taking out reverse mortgages without their knowledge or misrepresenting the terms of the loan in order
to convince them to get one.

The case involved 125 African American families and about six different HECM lenders. The result cost these
homeowners and the lenders $7 million and left a number of unwitting borrowers facing foreclosure.

Three of those homeowners now have claims regarding their reverse mortgages with Reverse Mortgage
Solutions, a Ditech subsidiary that that was either the lender or servicer on the loans that were part of the
alleged scheme.

But now, Ditech is in the midst of a bankruptcy that might impact these fraud victims, said J. Samuel Tenenbaum,
director of Northwestern’s Complex Civil Litigation and Investor Protection Center, who is representing some of
the victims.

On Friday, Tenenbaum filed a request with the U.S. Trustee, asking for the creation of a committee of consumer
creditors to represent borrowers who have loans with Ditech or its subsidiaries.

In the filing, Tenenbaum said the request was “based upon our observations of the types of servicing abuses
Ditech and RMS consumers have suffered, as well as the type of wrongful action our clients have suffered, and
our concern that consumers may be without recourse to appropriately address these errors if their interests are
not specifically represented in bankruptcy.”

Of particular concern is the fact that Ditech has asserted that its loans currently in foreclosure should not be
subject to an automatic stay as ordered by the bankruptcy court.

“Our fear is that this preclusion would strip RMS foreclosure litigants of their rights and impose undue hardships
thereon without any enforceable remedies,” Tenenbaum wrote, adding that many of his clients are elderly,
https://www.housingwire.com/articles/print/48863-victims-of-reverse-mortgage-scam-want-protection-from-ditech-bankruptcy 1/2
4/23/2019 Victims of reverse mortgage scam want protection from Ditech bankruptcy | 2019-04-23 | HousingWire

disabled and financially unstable, and therefore vulnerable.

Currently, the court has established a committee of creditors, to which it has added two consumer
representatives. Tenenbaum said he does not believe this to be adequate.

He said the creation of a committee tasked solely with protecting their interests would ensure that these
borrowers – and others who may be unaware of the bankruptcy or unable to afford a lawyer – do not suffer as a
result of Ditech’s financial woes.

Since filing, Tenenbaum has received support from other attorneys who represent Ditech creditors and also fear
their rights could be trampled in the bankruptcy.

“There’s a lot of people who could be negatively affected,” Tenenbaum told HousingWire. “We just want to
make sure that the bankruptcy does not do anything that negatively impacts consumer rights.”

Jessica-color
Jessica Guerin is an editor at HousingWire covering reverse mortgages and the housing wealth space. She is a
graduate of Boston University and has a master’s degree from Northwestern’s Medill School of Journalism. She
worked previously as the editor-in-chief of The Reverse Review magazine, which was recently acquired by
HousingWire.

https://www.housingwire.com/articles/print/48863-victims-of-reverse-mortgage-scam-want-protection-from-ditech-bankruptcy 2/2
OFFICE OF DAVID R. ELLSPERMANN
MARION COUNTY CLERK'S OFFICE

EVIDENCE LIST

REVERSE MORTGAGE 13-CA-115


SOLUTIONS, INC

PlaintifflPetitioner Case Number

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

IHERf-BY CERTIfY that the forepg ~ true and


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

The original instrument'" ~


_"\
FEBRUARY 10) 1997~ UNKNOWN TENANT IN .eY" rhts COfII has no redMiDM.

L] T1'i! CDf1I has btIn redadetj IJ'I'SUIM to . .

POSSESSION I AND UNKNOWN TENANT IN


POSSESSION 2 =l~ or , Qut
"
DefendantIRespondent

Exhibit ID# Date DESCRIPTION OF ITEM Date Evidence


Introduced Admitted as 10#
Evidence

' ...

* Original Adjustable Rate Note ( Home Equity 07/18/2017 PL-l


Conversion)

3
• Adjustable Rate Home Equity Conversion 07/18/2017 PL-2
Mortgage

• Assignment of Mortgage 07/18/2017 PL-3

., Notice of Default and Intent to Foreclose 07/18/2017 PL-4


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

Payoff Statement 07/18/2017 PL 6


, ~
Composite

Evidence received in Clerks' office 07/18/2017

• Origianal Documents kept in Court File

Court Clerk's Signature Date

Attorney for PlaintiffIPetitioner Attorney for Defendant/Respondent


Reverse Mcrtgage Solutions, Inc. PRESORT

2727 Spring Creek Dr. First-el~s Mal

u.s. Postage and

Spring, TX 77377 Fees Paid

WSO

7196 9006 9296 0216 1259

20120608-197

.III II 111 1'1 p 11 11 111 111 It 111111111111111111111 II 1111111111111111


Neil J. Gillespie
Mark Gillespie
8092 SW 115TH LOOP
OCALA, FL 34481-3567

1,- CA - 115- S 4
ADMIlTED INTO EVIDENQ: AS:
PETITIONER'S EXHIBIT ~
RESPONDENT'S EXHIBI~T----
JUDGE MfN MELIND GGS OEM
7196 9006 9296 0216 1259

June 8, 2012

Sent Via Certified Mail

Penelope Gillespie

Loan Nwnber: 69977


Property Address: 8092 SW 115TH LOOP

OCALA, FL 34481

NOTICE OF DEFAULT AND INTENT TO FORECLOSE

Dear Penelope Gillespie:

Reverse Mortgage Solutions~ Inc.~ (herein as fiRMS") is currently servicing your mortgage loan that is secured by the above
referenced property. You are hereby formally notified that the mortgage loan associated with the referenced Deed of
TrustJMortgage is in default because of the death of the primary mortgagor and the loan must be paid in full.

To cure this default, you must forward funds in the amount of $108,056.19 consisting of the principal due, plus all interest
and fees through July 8,2012.

It is possible that after payment of the amounts detailed above there ma.y be other fees still due and owing, including
but not limited to other fees, escrow advances or corporate advances that RMS paid on your behalf or advanced to
your account.

This letter is a formal demand to pay $108~056.19. If the default is not paid in full by July 8,2012, RMS will take steps to
terminate your ownership in the property by a foreclosure proceeding or other action to seize the property.

IF YOU ARE UNABlE TO PAY YOUR ACCOUNT IN FULL, RMS offers consumer assistance programs designed to help
resolve delinquencies and avoid FORECLOSURE. These services are provided without cost to our customers. You may be
eligible for a loan workout plan or other similar alternatives. If you would like to learn more about these programs, you may
contact the Loss Mitigation Department at (866) 503-5559, between the hours of 8:30 AM and 5:00 PM CST. WE ARE
VERY INTERESTED IN ASSISTING YOU.

The default above can be cured by payment of the total payoff amount plus any additional fees that become due by July 8,
2012. Note that additional charges~ costs and fees Dlay become due during the period between today'" s date and the date the
aforementioned payments are received. Please contact our Collection Department at (866) 503-5559 to obtain updated
payoff information.

Please include your loan number and property address with your payment and send to:

Reverse Mortgage Solutions, Inc.

2727 Spring Creek Drive

Spring, TX 77373

562439 12-02121-1
~ Page 1 of2
~
If you wish to dispute the delinquency, or if you dispute the calculation of amount of the delinquency and reinstatement
amount, you may contact us by calling (866) 503-5559.

You have the right to bring a court action to assert the non-existence of a default or any other defense to acceleration or
foreclosure sale. Failure to respond to this letter may result in the loss of your property. To the extent your obligation has
been discharged or is subject to the automatic stay in a bankruptcy case, this notice is for informational purposes only and
does not constitute a demand for payment or an attempt to collect a debt as your personal obligation. If you are represented
by an attorney, please provide us \\'ith the attorney"'s name, address and telephone number.

Attention Service members and dependents: The Federal Service Members' Civil Relief Act ("SCRA") and certain state
laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently
in the military service, or have been within the last nine (9) months, AND joined after signing the Note and Security
Instrument now in default, please notify RMS immediately. When contacting RMS as to your military service, you must
provide positive proof as to your nlilitary status. If you do not provide this information, it will be assumed that you are not
entitled to protection under the above-mentioned Act.

If you are experiencing financial difficulty, you should know that there are several options available to you that may help
you keep your home. You may contact HUD Government Counseling which provides free or low-cost housing counseling.
You should consider contacting one of these agencies immediately. These agencies specialize in helping homeowners who
are facing financial difficulty. Housing counselors can help you assess your financial condition and work with us to explore
the possibility of modifying your loan, establishing an easier payment plan for you, or even working out a period of loan
forbearance. For your benefit and assistance, there are governnlent approved homeownership counseling agencies designed
to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call (800) 569-4287
or visit htm://www.hud.gov/officeslhsg/stblhcclhcs.cfnl.

NO PERSON IN THIS OFFlCE W~L ONE YOU ANY LEGAL ADVICE. If, at any time, you make a written request to
us not to be contacted by phone at your place of employment, we will not do so. If, at any time, you make a written request
to us not to contact you, we will not do so, except to send statutorily and/or contractually required legal notice.

You may be eligible for assistance from the Homeownership Preservation Foundation or other foreclosure counseling a. You
may call the following toll-free number to request assistance fronl the Homeownership Preservation Foundation: (888) 995­
HOPE (4637). If you wish, you may also contact us directly at (866) 503-5559 and ask to discuss possible options.

This matter is very important. Please give it your inunecliate attention.

Sincerely,

Reverse Mortgage Solutions, Inc.


(866) 503-5559

FEDERAL LAW REQUIRES US TO ADVISE YOU THAT REVERSE MORTGAGE SOLUTIONS, lNe, IS A DEBT

COLLECTOR AND THAT THIS IS AN ATTEMPT TO COLLEcr A DEBT. ANY INFORMATION OBTAINED MAY BE

USED FOR THAT PURPOSE. TO THE EXTENT YOUR OBl.lGATION HAS BEEN DISCHARGED OR IS SUBJECT

TO THE AUTOMATIC STA)7 IN A BANKRUPTCY PROCEEDING; THIS NOTICE IS FOR INFORMATIONAL

PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAY~NT OR AN ATTEw>T TO COlLECT

AN INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY,

PLEASE PROVIDE US WITH THEATTORNEY"'S NAME, ADDRESS AND TELEPHONE NUMBER.

562439 12-02121-1
Page 2 of2
264 Terranova Boulevard
Winter Haven, Florida 33884
800.309.2755 (phone)
www.proclaimengineering.com
Certificate of Authorization No.: 30662

February 28, 2018

Marion County Building Safety Division


Attn.: Doug Newbanks – Building Official
2710 East Silver Springs Boulevard
Ocala, FL 34470

Re: Public Health/Safety Hazard at


Gillespie residence
8092 SW 115th Loop 5
Ocala, FL 34481
Proclaim File No. 18049

Via Delivery and U.S. Mail

Dear Mr. Newbanks:

At the request of Security First Insurance Company, an inspection was completed at the Gillespie
residence, located at 8092 SW 115th Loop in Ocala, Marion County, Florida. The purpose of our
inspection was to determine the origin and cause of reported damage to an exterior column at the
residence.

The Gillespie residence is the left unit of a one-story duplex, located at 8092 SW 115th Loop in
Ocala, Marion County, Florida. The main structure is generally constructed with concrete
masonry unit (CMU) walls covered with painted stucco, presumed wood roof trusses and a
shallow foundation system with a concrete slab-on-grade. An attached partially covered porch
and garage are located at the front left and front right of the residence, respectively. The floor of
the residence is higher than the street elevation and surface drainage to the front street and
surrounding properties provides the primary drainage for the property. For the purposes of this
report, as a reference, the front of the main residence faces primarily to the south.

During inspection of the exterior column, located at the northwest area of the partially covered
porch, we observed hairline to approximate 20.0 mm wide cracks in the upper area of the column,
near the column-to-beam interface. Although previous repairs in the form of sealants were
observed at the cracks, the damage has apparently worsened over time, including stucco spalling
along the cracks, horizontal offsets along the cracks, visible daylight along the cracks and an
exposed and corroded area of the column-to-beam connection. Additionally, using a 4-foot
bubble level, we determined that the vertical load-carrying column was not plumb.

Page 1 of 2
Notice of Imminent Danger February 28, 2018
8092 SW 115th Loop, Ocala, Florida 34481 PROCLAIM File: 18049

Section 202 of the Florida Building Code 5th Edition (2014), Existing Building defines "dangerous"
as: "Any building, structure or portion thereof that meets any of the conditions described below
shall be deemed dangerous: 1. The building or structure has collapsed, partially collapsed, has
moved off its foundation or lacks the necessary support of the ground. 2. There exists a significant
risk of collapse, detachment or dislodgment of any portion, member, appurtenance or
ornamentation of the building or structure under service loads."

Inspection revealed that the cracks to the load-carrying exterior column was so severe that the
roof framing members no longer provide adequate load-transfer to the column and foundation for
the intended roof service load. Thus, the severity of the cracks to the load-carrying column of the
structure meets the definition of dangerous, per Section 202 of the Florida Building Code 5th
Edition (2014), Existing Building. It is recommended that the column areas that have structural
related damage be repaired or replaced as needed and that the column be re-leveled to current
Florida Building Code (FBC) requirements; the work must be performed under the supervision of
a professional structural engineer and contractor licensed in the State of Florida.

The structural repairs, if performed, shall be designed by a licensed professional engineer


registered in the state of Florida who specializes in structural design, approved and permitted by
the Authority Having Jurisdiction (AHJ).

This correspondence fulfills my obligations under Florida Statutes 471.033(1)(g) and Florida
Administrative Code 61G15-19.001(4) and 61G15-19.001(6)(I).

By copy of this letter, we are notifying our client, Security First Insurance Company and the
property owner of the observed conditions.

Sincerely,

M. Shane Johnson, P.E.


Florida Lic. No. 71366

Copies: Security First Insurance Company Neil Gillespie


Attn.: Carla Beckett 8092 SW 115th Loop
P.O. Box 730839 Ocala, FL 34481
Ormond Beach, Florida 32173

Page 2 of 2
6
Il~cdel Jy j~1-o1& e?JJ IJ'~) ~3J ZOtf /J5 70
;J)a~ Nv,l1 b~.t/.4,vtJ e-Ht4,l;tole!~!.>.
Debtor 1 NEIL GILLESPIE ea.e number (Iknown) _
Firit ~ Middle N.".

....
For you If you are filing this The law allows you, 8S an individual, to represent yourself in bankruptcy court, but you
bankruptcy without an should und.,.tand that many peopl. find It .xtrem.ly difficult to repres.nt
attorn.y th.ms.lves succ...fully. Because bankruptcy has long-term flnanclllind legal
cons.qu.nces, you are strongly urg.d to hire a qualified attorn.y.
If you are rep.....nt.d by
an attom.y, you do not To be successful, you must correctly file and handle your bankruptcy case. The rules are very
n.ed to fli. this pag•• technical, and a mistake or inaction may affect your rights. For example, your case may be
dismissed because you did not file a required dOcument, pay a fee on time, attend a meeting or
hearing, or cooperate with the court, case trustee, U.S. trustee, bankruptcy administrator, or audit
firm if your case is selected for audit. If that happens, you could lose your right to file another
case, or you may IOS8 protections, including the benefit of the automatic stay.
You must list all your property and debts in the schedules that you are required to file with the
court. Even if you plan to pay a particular debt outside of your bankruptcy, you must list that debt
in your schedules. If you do not list a debt, the debt may not be discharged. If you do not list
property or properly claim It as exempt, you may not be able to keep the property. The judge can
also deny you a discharge of all your debts if you do something dishonest In your bankruptcy
case, such as destroying or hiding property, falsifying records, or lying. Individual bankruptcy
cases are randomly audited to determine if debtors have been accurate, truthful, and complete.
Bankruptcy fraud II • lerioul crime; you could be fined and Imprlloned.
If you decide to file without an attomey, the court expects you to follow the rules as if you had
hired an attorney. The court will not treat you differently because you are filing for yourself. To be
successful, you must be familiar with the United States Bankruptcy Code, the Federal Rules of
Bankruptcy Procedure, and the local rules of the court in which your case is filed. You must also
be familiar with any state exemption laws that apply.

Are you aware that filing for bankruptcy is a serious action with long-term financial and legal
consequences?
[J No
'ZiYes
Are you aware that bankruptcy fraud is a serious crime and that if your bankruptcy forms are
inaccurate or incomplete, you could be fined or imprisoned?
1:1 No
~ Yes
Did you payor agree to pay someone who is not an attomey to help you fill out your bankruptcy forms?
[J No
IiZI Yes. Name of Person...,;;;;C;.",;;;O;..;".N..;.,,;,N~I~E..;;..A....;;L;;;..;;;,;,;L;....,;IS~ _
Attach Bankruptcy Petition Preparer's Notice, Declaration, and Signature (Official Form 119).

By signing here, I acknowledge that I understand the risks involved in filing without an attomey. I
have read and understood this notice, and I am aware that filing a bankruptcy case without an
att may cause me to lose my rights or property if I do not properly handle the case.

Signature of Debtor 2

Date
MM / DO /YYVY

Contact phone ---....oa.~--t~~I---------....."...---I#t,. / Contact phone

Cell phone Cell phone

Emailadd•• ye:·~l0~:::e@~rl;:::-lt::addr811
.Bm
Official Form 101 Voluntary Petition for Individuals Filing for Banknlplcy pageS
UNITED STATES BANKRUPTCY COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

In re: Case No. 3: 19-bk-00808-JAF


Chapter'13
Neil Gillespie
aka Neil Joseph Gillespie

Debtor.

- - - . . - - - - - - - - ­ /

DECLARATION OF NEIL J. GILLESPIE

Pursuant to 28 U.S.C.§ 1746(2), I hereby declare as follows:

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 declaration upon personal knowledge unless otherwise expressly stated.

2. I have not filed federal income tax returns for the last four (4) years because my income
is exempt from filing. For the last four (4) years my inconle amounted to:

2018: $24,840

$24,540, 2018 Form SSA-I099 -Social Security Benefit Statement. (Exhibit 1-1)

$300, 2018 Chase Bank one-time cash bonus to open checking account. (Exhibit 1-2)

2017: $24,060

2017 Form SSA-I099 -Social Security Benefit Statenlent. (Exhibit 2)

2016: $23,986.80

2016 Form SSA-I099 -Social Security Benefit Statement. (Exhibit 3)

2015: $23,986.80

2015 Form SSA-I099 -Social Security Benefit Statement. (Exhibit 4)

FURTHER DECLARANT SAYETH NOT.

I declare under penalty of perjury that the foregoing is true and correct. [28 U.S.C.
1746(2)]. Executed on April 23, 2019 by Neil J. Gillespie.
FORM SSA-1099 - SOCIAL SECURITY BENEFIT STATEMENT

, - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . nc:
2018 ·
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PART OF YOUR SOCIAL SECURITY BENEFITS SHOWN IN BOX 5 MAY BE TAXABLE INCOME. U'1

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• SEE THE REVERSE FOR MORE INFORMATION. U1


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Box 1. Name Box 2. Beneficiary's Social Security Number ......
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NEIL J GILLESPIE 160·52·5117
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Box 3. Benefits Paid in 2018 Box 4. Benefits Repaid to SSA in 2018 ~


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$24,540.00 NONE
DESCRIPTION OF AMOUNT IN BOX 3 DESCRIPTION OF AMOUNT IN BOX 4

Paid by check or direct deposit $22,932.00 NONE

Medicare Part B premiums deducted


from your benefits $1,608.00
Total Additions $24,540.00
Benefits for 2018 $24,540.00

Box 6. Voluntary Federal Income Tax Withheld

NONE

Box 7. Address

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NEIL J GILLESPIE IV
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8092 S W 115 LOOP ~


OACLA FL 34481-3567 ~...
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Box 8. Claim Nurnber (Use this number if you need to contact SSA.)

160·52·5117A

Form SSA·1099-SM (1-2019) DO NOT RE?URN

1-1
CHASE 0
P.O. BOX 182051 Tax Year 2018 Form 1099-\Nl
COLUMBUS OH 43218-2051 Interest Income (Copy B)
This Is Important tax Information and Is being furnished to the IRS. If
you are required to 'lie a return, a negligence penalty or other sanction
may be Imposed on you If this Income Is taxable and the IRS
determines that It has not been reported.
Recipient's InformatiQn

1-111--11-,--11-,11,1,11,1,1-_1,1,11"-,,,--,-_1_1111-1111- 1-'-"
0078094 101 NSPOTASO 1Z1 000000000000 021 0021 MI

NEIL JOSEPH GrLLESPtE

Payer's Information
8092 SW 11 &TH LOOP

OCALA FL 34481-3567 Federal 10 Number: 13-4994850

JPMORGAN CHASE BANK, N.A.

COPIES OF YOUR 2018 FORM 1099 STATEMENTS


ARE AVAILABLE ONLINE ATWVVVV.CHASE.COM o
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Form 1099-INT Questions o

Phone Support: 1-800-935-9935


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Recipient's ID Number: XXX-XX-5117 Original ~
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Summary of Form 1099-INT Interest Income (OMB No. 1545-0112) ~
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Box Description Amount Box Description Amount
1. Interest income $300.00 9. Specified private activity bond interest $0.00
2. Early withdrawal penalty $0.00 10. Market discount $0.00
3. Interest on U.S. Savings Bonds and 11. Bond premium $0.00
Treasury Obligations $0.00 12. Bond premium on Treasury obligations $0.00
4. Federal incom~ tax withheld $0.00 13. Bond premium on tax-exempt bond $0.00
5. Investment exp~nses $0.00 14. Tax-exempt and tax credit bond CUSIP no. (See Details)
6 Foreign tax paid $0.00 15. State (See Details)
7. Foreign country or U.S. possession (See Details) 16. State identification no. (See Details)
8. Tax exempt interest $0.00 17. State tax withheld (See Details)
FATCA Filing requirement (See Details)
Details of Form 1099-INT Interest Income (OMB No. 1545-0112)
Account Number Box #1 Interest Box #2 Early Box #3 Interest Other Boxes
Account Description income withdrawal penalty on U.S. Savings
Bonds and Treas.
Obligations
263399526 $300.00 $0.00 $0.00 #15 State FL
CHECKING FATCA Filing requirement NO
INCLUDES CASH BONUS(ES) OF $300.00

1-2
1099·INT Instructions for Recipient above for a tax-exempt covered security acquired at a premium.
The ;nformation provided may be different for covered and noncovered securities. Box 10. For a taxable or tax-exempt covered security, if you made an election under
For a description of covered securities, see the Instructions for Form 8949. For a section 1278(b) to include market discount in income as it accrues and you notified your
taxable covered security acquired at a premium, unless you notified the payer in payer of the election in writing in accordance with Regulations section 1.6045-1 (n)(5),
writing in accordance with Regulations section 1.6045-1(n)(5) that you did not want shows the market discount that accrued on the debt instrument during the year while held
to amortize the premium under section 171, or for a tax -exempt covered security by you, unless it was reported on Form 1099-010. For a taxable or tax-exempt covered
acquired at a premium, your payer generally must report either (1) a net amount of security acquired on or after January 1, 2015, accrued market discount will be calculated
interest that reflects the offset of the amount of interest paid to you by the amount of on a constant yield basis unless you notified your payer in writing in accordance with
premium amortization allocable to the payment(s), or (2) a gross amount for both Regulations section 1.6045-1 (n)(5) that you did not want to make a constant yield
the interest paid to you and the premium amortization allocable to the payment(s). If election for market discount under section 1276(b). Report the accrued market discount
you did notify your payer that you did not want to amortize the premium on a taxable on your income tax return as directed in the Instructions for Form 1040. Market discount
covered security I then your payer will only report the gross amount of interest paid to on a tax-exempt security is includible in taxable income as interest income.'
you. For a noncovered security acquired at a premium, your payer is only required to Box 11. For a taxable covered securHy (other than a U.S. Treasury obligation), shows
report the gross amount of interest paid to you. the amount of premium amortization allocable to the interest payment(s}, unless you
Recipient's taxpayer Identification number (TIN). For your protection, this form notified the payer in writing in accordance with Regulations section 1.6045-1 (n)(5) that
may show only the last four digits of your T\N (social secur~y number (SSN), you did not want to amortize bond premium under section 171. If an amount is reported
individual taxpayer identification number (ITIN), adoption taxpayer identification in this box, see the Instructions for Form 1040 (Schedule B) to determine the net amount
number (ATIN), or employer identification number (EIN». However, the issuer has of interest includible in income on Form 1040 with respect to the security. If an amount is
reported your complete TIN to the IRS. not reported in this box for a taxabJe oovered security acquired at a premium and the
FATCA filing requirement. If the FATCA filing requirement box is checked, the payer is reporting premium amortization, the payer has reported a net amount of interest
payer is reporting on this Form 1099 to satisfy its chapter 4 account reporting in box 1. If the amount in box 11 is greater than the amount of interest paid on the
requirement. You also may have a filing requirement. See the Instructions for Form covered security, see Regulations section 1.171-2(a)(4).
8938. Box 12. For a U.S. Treasury obligation that is a covered security, shows the amount of
Account number. May show an account or other unique number the payer assigned
premium amortization allocable to the interest payment(s), unless you notified the payer
to distinguish your account.
in writing in accordance with Regulations section 1.6045-1(n)(5) that you did not want to
Box 1. Shows taxable interest paid to you during the calendar year by the payer.
amortize bond premium under section 171. If an amount is reported in this box, see the
This does not include interest shown in box 3. May also show the total amount of the
Instructions for Form 1040 (Schedule B) to determine the net amount of interest
credits from clean renewable energy bonds, new clean renewable energy bonds,
includible in income on Form 1040 with respect to the U.S. Treasury obligation. If an
quanfled energy conservation bonds, qualified zone academy bonds, qualified school
amount is not reported in this box for a U.S. Treasury obligation that is a covered security
construction bonds, and build America bonds that must be included in your interest
acquired at a premium and the payer is reporting premium amortization, the payer has
income. These amounts were treated as paid to you during 2018 on the credit
reported a net amount of interest in box 3. If the amount in box 12 is greater than the
allowance dates (March 15, June 15, September 15, and December 15). For more
amount of interest paid on the U.S. Treasury obligation, see Regulations section 1.171­
information, see Form 8912. See the instructions above for a taxable covered
2(a)(4).
security acquired at a premium.
Box 13. For a tax-exempt covered security, shows the amount of premium amortization
Box 2. Shows interest or principal forfeited because of earty withdrawal of time
allocable to the interest payment(s). \{ an amoun\ \s reported in this box, see Pub. 550 to
savings. You may deduct this amount to figure your adjusted gross income on your
determine 'the net amount of tax-exempt interest reportable on Form 1040. If an amount
income tax return. See the Instructions for Form 1040 to see where to take the
is not reported in this box for a tax-exempt covered security acquired at a premium, the
deduction.
payer has reported a net amount of interest in box 8 or 9, whichever is applicable. If the
Box 3. Shows interest on U.S. Savings Bonds, Treasury bills, Treasury bonds, and
amount in box 13 is greater than the amount of interest paid on the tax-exempt covered
Treasury notes. This mayor may not all be taxable. See Pub. 550. This interest is
security, the excess is a nondeductible loss. See Regulations section 1.171-2(a)(4)(ii).
exempt from state and local income taxes. This interest is not included in box 1. See
Box 14.
the instructions above for a taxable covered security acquired at a premium.
Shows CUSIP number(s) for tax-exempt bond(s) on which tax-exempt interest was paid,
Box 4. Shows backup withholding. Generally, a payer must backup withhold if you
or tax credit bond(s) on which taxable interest was paid or tax credit was allowed, to you
did not furnish your taxpayer identification number (TIN) or you did not furnish the
during the calendar year. If blank no CUSIP number was issued for the bond(s).
l

correct TIN to the payer. See Form W-9. Include this amount on your income tax
Boxes 15-17. State tax withheld reporting boxes.
retum as tax withheld.
Nominees. If this form includes amounts belonging to another person(s), you are
Box 5. Any amount shown is your share of investment expenses of a single-class
considered a nominee recipient. Complete a Form 1099-INT for each of the other owners
REMIC. This amount is included in box 1.
showing the income allocable to each. File Copy A of the form with the IRS. Furnish
Box 6. Shows foreign tax paid. You may be able to claim this tax as a deduction or a
Copy B to each owner. List yourself as the "payer" and the other owner(s) as the
credit on your Form 1040. See your Form 1040 instructions.
"recipient." File Form(s) 1099-INTwith Form 1096 with the Internal Revenue Service
Box 7. Shows the country or U.S. possession to which the foreign tax was paid.
Center for your area. On Form 1096 list yourself as the "filer." A spouse is not required to
Box 8. Shows tax-exempt interest paid to you during the calendar year by the payer.
file a nominee return to show amounts owned by the other spouse.
See how to report this amount in the Instructions for Form 1040. This amount may
Future developments. For the latest information about developments related to Form
be subject to backup withholding. See box 4. See the instructions above for a tax
1099-INT and its instructions, such as legislation enacted after they were published. go to
-exempt covered security acquired at a premium.
www.irs.govlForm1099/NT.
Box 9. Shows tax-exempt interest SUbject to the alternative minimum tax. This

amount is included in box 8. See the Instructions for Form 6251. See the instructions

FORM SSA-1099 - SOCIAL SECURITY BENEFIT STATEMENT

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2017 • PART OF YOUR SOCIAL SECURITY BENEFITS SHOWN IN BOX 5 MAY BE TAXABLE INCOME. (S)
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• SEE THE REVERSE FOR MORE INFORMATION. N
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t---------------------------~--------------+ ...
Box 1. Name Box 2. Beneficiary's Social Security Number =:
NEIL J GILLESPIE 160-52-5117
r - - - - - - - - - - - - - - - r - - - - - - - - - - - - - -........- - - - - - - - - - - -..... ~
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Box 3. Benefits Paid in 2017 Box 4. Benefits Repaid to SSA in 2017 Box 5. Net Benefits for 2017 (Box 3 minus Box 4) ~

$24,060.00 NONE $24,060.00


DESCRIPTION OF AMOUNT IN BOX 3 DESCRIPTION OF AMOUNT IN BOX 4

Paid by check or direct deposit $22,728.00 NONE


Medicare Part B premiums deducted
from your benefits $1,332.00
1

. 1 0tal Additions $24,060.00


Benefits for 2017 $24,060.00

Box 6. Voluntary Federal Income Tax Withheld

NONE

Box 7. Address
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NEIL J GILLESPIE (S)
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8092 S W 115 LOOP N
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OACLA FL 34481-3567 ~
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Box 8. Claim Number (Use this number if you need to contact SSA.)

160-52-5117A

Form SSA-1099-SM (1-2018) DO NOT RETURN THIS FORM TO SSA OR IRS

2

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FORM SSA-1099 - SOCIAL SECURITY BENEFIT STATEMENT t
2 01 6 ·
,...-----------------------------------------, n •
PART OF YOUR SOCIAL SECURITY BENEFITS SHOWN IN BOX 5 MAY BE TAXABLE INCOME.
• SEE THE REVERSE FOR MORE INFORMATION.

Box 1. Name Box 2. Beneficiary's Social Security Number ~


NEIL J GILLESPIE 160-52-5117 j
Box 3. Benefits Paid in 2016 Box 4. Benefits Repaid to SSA in 2016 Box 5. Net BenefiI8 fOr 2016 .,mI•..,_•.. ~ 1
D:::;:~;;~ OF AMOUNT IN BOX 3

Paid by check or direct deposit $22,728.00


NONE DESCRIPTION OF AMO:~~
NONE
BOX 4 ' l
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Medicare Part B premiums deducted

from your benefits $1,258.80


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Total Additions $23,986.80
Benefits for 2016 $23,986.80

Box 6. Voluntary Federal Income Tax Withheld

NONE \•
Box 7. Address

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NEIL ,1 GILLESPIE t
8092 S W 115 LOOP ~
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OACLA FL 34481-3567
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Box 8. Claim Number (Use this number if you need to contact SSA.)

160-52-5117A

f, Form SSA·1099-SM (1-2017) DO N9t R~1lH8 FORMlO. • ..QR IRS _,

3
FORM SSA-1099 - SOCIAL SECURITY BENEFIT STATEMENT

2015 • PART OF YOUR SOCIAL SECURITY BENEFITS SHOWN IN BOX 5 MAY BE TAXABLE INCOME.
• SEE THE REVERSE FOR MORE INFORMATION.
t---------------------------~-------------te
Box 1. Name Box 2. Beneficiary's Social Security Number ~

NEIL J GILLESPIE 160-52-5117 ~


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tBox
- 3.-Benefits
- - -Paid
-- - - - - - - - -Box
in 2015
, -4. - - - - - - - - - - - - -Box
Benefits Repaid to SSA in 2015
; -5. - - - - - - - - - - - -...... ~
Net Benefits for 2015 (Box 3 minus Box 4) E

$23,986.80 NONE 823,888.80. . . .


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DESCRIPTION OF AMOUNT IN BOX 3 DESCRIPTION OF AMOUNT IN BOX 4

Paid by check or direct deposit $22,728.00 NONE


Medicare Part B premiums deducted
from your benefits $1,258.80
Total Additions $23,986.80
Benefits for 2015 $23,986.80

Box 6. Voluntary Federal Income Tax Withheld

NONE
Box 7. Address

NEIL J GILLESPIE
8092 S W 115 LOOP
OACLA FL 34481-3567

Box 8. Claim Number (Use this number if you need to contact SSA.)

160-52-5117A

Form SSA-1099-SM (1-2016) DO NOT RETURN 11I8PO"M1O I8AOR IRS

4
UNITED STATES BANKRUPTCY COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

In re: Case No. 3: 19-bk-00808-JAF


Chapter 13
Neil Gillespie
aka Neil Joseph Gillespie

Debtor.
/
--------­
DECLARATION OF NEIL J. GILLESPIE

Pursuant to 28 U.S.C.§ 1746(2), I hereby declare as follows:

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 declaration upon personal knowledge unless otherwise expressly stated.

2. I received the following income fronl Social Security Disability for the six (6) nl0nth
period preceding the filing of this petition on March 8, 2019:

2019 Social Security new benefit amount. Exhibit 1.

January 2019 $1,966


February 2019 $1,966

2018 Social Security new benefit amount. Exhibit 2.

December 2018 $1,911


November 2018 $1,911
October 2018 $1,911
September 2018 $1,911

FURTHER DECLARANT SAYETH NOT.

I declare under penalty of perjury that the foregoing is true and correct. [28 U.S.C.
1746(2)]. Executed on April 23, 2019 by Neil J. Gillespie.
Your New Benefit Amount

BENEFICIARY'S NAME: NEIL J GILLESPIE


Your Social Security benefits will increase by 2.8% in 2019 because of a rise in the cost of
living. You can use this letter as proof of your benefit amount if you need to apply for food,
rent, or energy assistance. You can also use it to apply for bank loans or' for other business.
Keep this letter with your important financial records.

How MUCh Will I Get And When?


• Your monthly amount (before deductions) is $2,101.50
• The amount we deduct for Medicare Medical Insurance is $135,50
(If you did not have Medicare as of November 16,2018,
or if someone else pays your premium, we show $0.00.)
• The amount we deduct for your Medicare Prescription Drug Plan is
(We will notify you if the amount changes in 2019. If you did not elect
dllholding as of November 1,2018, we show $0.00.)
!;(\. amount we deduct for voluntary Federal tax withholding is

1 r you did not elect voluntary tax withholding as of

..,;~ '~/ember 16, 2018, we show $0.00.)


"1> fter we take any other deductions, you will receive
\ $1,966.00
on or abotlt Jantlary 3 J 2019,

If you disagree with any of these amounts, you must write to us within 60 days from the
date you receive this letter. Or visit www.ssa.govlnon-medicallappeal to appeal online.
We would be happy to review the amounts.

TP receive it paper check and want to switch to an electronic payment, please visit the
.111
Department of the Treasury's Go Direct website at www.godirect.org online.

What If I Have Questions?


• yisjt our website at www.socialsecurity.gov
• Call lIS toll-free at 1-800-772-1213 (TTY 1-800-325-0778)
, ecptact your nearest Social Security office
(1--' ,
so~IAL SECURITY ADMINISTRATION FIRST-CLASS MAIL

PRESORTED

MID'-A'fLANTIC PROGRAM SERVICE CENTER POSTAGE AND FEES PAID

300 SPRING GARDEN ST


SOCIAL SECURITY

PHILADELPHIA PA 19123-2999 ADMINISTRATION

PERMIT NO. G-11

OFFICIAL BUSINESS
PENALTY FOR PRIVATE USE, $300

1III1I111111111111111111111111111111111 J'IItil 11111 11 ,1'11,1 1, •


IND AUTO**SCH 5-DIGIT 34476 ' '
F4RI1E-0074225 4-011 351141212260
NEIL J GILLESPIE
Securing today 8092 S W 115 LOOP
and tomorrow OACLA FL 34481-3567
1
Your New Benefit Alnount

BENEFICIARY'S NAME: NEIL J GILLESPIE

Your Social Security benefits will increase by 2.0% in 2018 because of a rise in the cost of
living. You can use this letter as proof of your benefit amount if you need to apply for food,
rent, or energy assistance. You can also use it to apply for bank loans or for other business.
Keep this letter with your important financial records.

How Much Will I Get And When?


• Your monthly amount (before deductions) is $2,045.00
• The amount we deduct for Medicare medical insurance is $134.00
(If you did not have Medicare as of November 17, 2017,
or if someone else pays your premium, we show $0.00.)
• The amount we deduct for your Medicare prescription drug plan is
(We will notify you if the amount changes in 2018. If you did not elect
withholding as of November 1,2017, we show $0.00.)
• The amount we deduct for voluntary Federal tax withholding is
(If you did not elect voluntary tax withholding as of
November 17, 2017, we show $0.00.)
• Mter we take any other deductions, you will receive $1,911.00
on or about January 3, 2018.

If you disagree with any of these amounts, you must write to us within 60 days from the
date you receive this letter. We would be happy to review the amounts.

If you receive a paper check and want to switch to an electronic payment, please visit the
Department of the Treasury's Go Direct website at www.godirect.org online.

What If I Have Questions?


• Visit our website at www.socialsecurity.gov.
• Call us toll-free at 1-800-772-1213 (TTY 1-800-325-0778).
• Contact your nearest Social Security office.

FIRST-CLASS MAIL

SOCIAL SECURITY ADMINISTRATION PRESORTED

MID-ATLANTIC PROGRAM SERVICE CENTER POSTAGE AND FEES PAID

SOCIAL SECURITY
300 SPRING GARDEN ST
ADMINISTRATION
PHILADELPHIA PA 19123-2999 PERMIT NO. G-11
OFFICIAL BUSINESS
PENALTY FOR PRIVATE USE, $300

1111111111111111111111111111111111111111111111111111111I1 1I11 11I 1


IND AUTO**SCH 5-DIGIT 34476
F4R11D-0115100 4-011 29/1187/1896
NEIL J GILLESPIE
8092 S W 115 LOOP
Securing today
OACLA FL 34481-3567
and tomorrow
2