Filing # 54769338 E-Filed 04/07/2017 03:25:22 AM

IN THE CIRCUIT COURT OF THE

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

vs. Homestead Residential Foreclosure

$50,001-$249,999 (Contested)
NEIL J. GILLESPIE AND MARK GILLESPIE Home Equity Conversion Mortgage
AS CO-TRUSTEES OF THE GILLESPIE HUD/FHA/HECM Reverse Mortgage
FAMILY LIVING TRUST AGREEMENT 12 USC 1715z20; 24 CFR Part 206
DATED FEBRUARY 10, 1997, ET AL. FHA Case Number: 091-4405741
BofA/RMS acct/loan #68011002615899
Defendants.
________________________________________/

NOTICE OF FILING AFFIDAVIT OF NEIL J. GILLESPIE

HUD Regulation Halts Reverse Mortgages in 55+ Communities
Reverse Mortgages Violate the Securities Exchange Act of 1934
Florida courts lack subject matter jurisdiction in disputed HECM

AFFIDAVIT OF NEIL J. GILLESPIE

STATE OF FLORIDA )
) SS.:
COUNTY OF MARION )

BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon oath

deposes upon personal knowledge and states:

1. I am over the age of eighteen and am competent to testify as to the facts and matters set
forth herein; I make this affidavit upon personal knowledge of the matters set forth herein;

2. The Oak Run Country Club (Oak Run) is a 55+ retirement community in Ocala, FL.

3. I have resided continuously and uninterruptedly since February 9, 2005 in Oak Run,
neighborhood 13, Woodside Courts, at 8092 SW 115th Loop, Ocala, FL 34481, Marion County.

4. This Homestead Residential foreclosure of a Home Equity Conversion Mortgage, FHA

Case Number: 091-4405741, is on my home in a 55+ retirement community in Ocala, FL.
 NOTICE OF FILING AFFIDAVIT OF NEIL J. GILLESPIE
HUD Regulation Halts Reverse Mortgages in 55+ Communities
Reverse Mortgages Violate the Securities Exchange Act of 1934
Florida courts lack subject matter jurisdiction in disputed HECM

5. A Home Equity Conversion Mortgage, or HECM, is a Federal Housing Administration

(FHA) reverse mortgage program administered by the Secretary, United States Department of
Housing and Urban Development (Secretary or HUD) to enable home owners over 62 years old
access the subject home's equity. 12 U.S.C. 1715z20 et seq. and 24 C.F.R. Part 206.

6. Reverse Mortgage Daily is a leading publication of the Reverse Mortgage Industry.

7. Reverse Mortgage Daily reported on March 27, 2017, Obscure Regulation Halts
Reverse Mortgages, FHA Lending in Some Towns by Alex Spanko. The attached story states,

Thanks to the abrupt enforcement of a decades-old regulation that the Federal Housing
Administration had seemingly ignored, consumers looking to buy homes or take out
reverse mortgages in some 55+ communities have had their FHA loan applications
rejected at the last minute in recent months.

Starting this past fall, applicants in the Sun City and Sun City West, Ariz., developments
were told that their FHA mortgage applications violated the free assumability clause in
the Code of Federal Regulations, and that they thus could not receive FHA-insured loans
typically only three days before the close of escrow.

In short, the regulation means that FHA and the Department of Housing and Urban
Development cant be on the hook for any outstanding payments should the home enter
foreclosure...

8. On information and belief, the free assumability clause means 24 CFR 203.41.

9. Defendant Oak Run Homeowners Association, Inc., is not subject to Chapter 720, Florida
Statutes according to the attached letter September 21, 2007 of Representative Larry Cretul.

10. The attached Affidavit of Carol Olson, Vice President of Administration and Secretary-
Treasurer on behalf of Defendant Development & Construction Corporation of America,
responded NONE to my Interrogatory No. 1, State or describe in detail, with specificity, any
and all claims DECCA has against Neil J. Gillespie, or any other party in this lawsuit.

11. The attached statement by Oak Run Associates, Ltd. mailed to Neil J. Gillespie, 8092 SW
115th Loop, Ocala, FL, demands payment of $36,767.72 for services on account 02-01744.

12. On November 10, 2015 I filed a Notice of Contest for liens filed against me by Carol
Olson on behalf of DECCA and Oak Run Associates, Ltd., see,

DEFENDANT GILLESPIES NOTICE OF CONTEST OF LIEN

Chapter 713, Florida Statutes
Filing # 34278459 E-Filed 11/10/2015 12:51:49 PM

2
 NOTICE OF FILING AFFIDAVIT OF NEIL J. GILLESPIE
HUD Regulation Halts Reverse Mortgages in 55+ Communities
Reverse Mortgages Violate the Securities Exchange Act of 1934
Florida courts lack subject matter jurisdiction in disputed HECM

13. On information and belief, the demand by DECCA and/or Oak Run Associates, Inc. for
$36,767.72 is fraudulent, and based on an unlawful computation of interest charged.

14. In view of the foregoing I must amend my Notice of Contest of Lien, and plan to do so
within the next 30 days.

15. Furthermore, I conclude this Homestead Residential Foreclosure of a Home Equity

Conversion Mortgage, FHA Case Number: 091-4405741, on my home in a 55+ retirement
community in Ocala, FL is void or voidable because the reverse mortgage is unlawful under the
free assumability clause 24 CFR 203.41, and the fraudulent demand by DECCA and/or Oak
Run Associates, Inc. for $36,767.72.

16. I have made four (4) submissions to the Securities and Exchange Commission (SEC),
Office of the Whistleblower, Submission No. TCR1458580189411, as follows and attached:

TCR Submission No. TCR1458580189411

Submission dated: March 15, 2016
Letter of Jane Norberg, Deputy Chief, March 21, 2016

TCR Submission No. TCR1458580189411

Submission dated: March 15, 2016
Additional information dated: April 27, 2016
Letter of Sean McKessy, Chief, June 14, 2016

TCR Submission No. TCR1458580189411

Submission dated: March 15, 2016
Additional information dated: August 10, 2016
Letter of Jane Norberg, Chief, October 4, 2016

TCR Submission No. TCR1458580189411

Submission dated: March 15, 2016
Additional information dated: December 8, 2016
Letter of Jane Norberg, Chief, January 17, 2017

17. I have determined that a violation of the Securities Exchange Act of 1934 (1934 Act)
occurred on or about June 5, 2008 when a Home Equity Conversion Mortgage, a.k.a. a HECM
reverse mortgage, was fraudulently sold to Penelope M. Gillespie, my mother, 78 years-old and
suffering from Alzheimers Disease, as having, inter alia, the benefits of regulated security, a
financial investment ordinarily regulated by the 1934 Act, when the HECM was not a regulated
security, and the HECM was resold to investors who become counter-parties subject to
undisclosed risks. Stories in Reverse Mortgage Daily shows this is a widespread fraud.

3
 http://reversemortgagedaily.com/2017/03/27/obscure-regulation-halts-reverse-mortgages-fha-lending-in-some-towns/print/

- Reverse Mortgage Daily - http://reversemortgagedaily.com -

Obscure Regulation Halts Reverse Mortgages, FHA Lending in

Some Towns
Posted ByAlex SpankoOn March 27, 2017 @ 6:06 pm In FHA,HECM,Legislation,News,Retirement,Reverse
Mortgage,Senior Housing | 5 Comments

Thanks to the abrupt enforcement of a decades-old regulation that the Federal Housing Administration had
seemingly ignored, consumers looking to buy homes or take out reverse mortgages in some 55+
communities have had their FHA loan applications rejected at the last minute in recent months.

Starting this past fall, applicants in the Sun City and Sun City West, Ariz., developments were told that their
FHA mortgage applications violated the free assumability clause in the Code of Federal Regulations, and
that they thus could not receive FHA-insured loans typically only three days before the close of escrow.

In short, the regulation means that FHA and the Department of Housing and Urban Development cant be on
the hook for any outstanding payments should the home enter foreclosure. This is a problem in certain
public-private retirement communities, which have unique governing structures: For instance, Sun City West
receives street maintenance and law enforcement services from the Maricopa County government, but parks
and recreation initiatives are overseen by a private corporation, the Recreation Centers of Sun City West,
Inc. Homeowners typically maintain separate agreements with the local homeowners association and the
recreation corporation.

Under the facilities agreements included in home transactions in these communities, all buyers must pay a
one-time property preservation fee that goes towards the maintenance of collective recreational facilities,
such as golf courses and rec centers. In Sun Citys case, this $3,500 fee is levied by the Recreation Centers
of Sun City, and it applies even when properties are transferred to heirs through the probate process.

Critically, the agreements require that mortgage lenders pay the fee in the case of foreclosures or deeds-
in-lieu of foreclosures which, according to the Code of Federal Regulations, is against HUDs rules, as it
would require the FHA to make an additional payment upon assuming ownership of the property.

Enforcement finally catches up

According to Vicki Frye, the broker/owner of Frye Realty in nearby Surprise, Ariz., these fees have been in
effect since at least the mid-1990s, and yet she first heard of the FHA rejecting applicants over free
assumability issues in December 2016. Since then, shes seen two Home Equity Conversion Mortgage for
Purchase applications that have been rejected, and has heard of multiple other cases in Sun City and the
surrounding areas.

Eddie Knoell of Signature Home Loans in Phoenix provided RMD with the text of an FHA rejection email,
which specifically mentioned 24 CFR 203.41, the section of the Code of Federal Regulations that lays out the
free assumability clause. Public legal records show that this part of the Code has been in effect since 1993,
but Knoell said hes been in the mortgage business in Arizona for 15 years, and he only heard of these
rejections within the last few weeks.
 http://reversemortgagedaily.com/2017/03/27/obscure-regulation-halts-reverse-mortgages-fha-lending-in-some-towns/print/

Clearly, HUD has been approving HECMs in these communities for a long time: Just between January 2015
and December 2016, the Reverse Market Insight research firm found 151 reverse mortgage endorsements in
three Sun City ZIP codes, along with 123 in Sun City West.

So why did the FHA suddenly start enforcing the rule now? RMD reached out to multiple public affairs
spokespeople at HUD by phone and e-mail, and none could provide detailed comment at press time.

But Liz Recchia, government liaison for the West Maricopa Association of Realtors in Peoria, Ariz., has a
hypothesis: Up until recently, older people purchasing property in retirement communities didnt need the
help of FHA products, as they either paid in cash or had sufficient assets for a significant down payment. But
as baby boomers with less retirement savings and smaller pension plans retire, FHA loans are becoming
increasingly common in 55+ communities, whether its a forward product to fund a purchase, an refinance
loan, or a HECM.

Its only been within the last few years that FHA was even a product that retirees looked at, let alone
actually used, Recchia said in a phone call with RMD.

But Recchia also cautioned that the problem isnt limited to 55-and-over communities. After all, the text of
the code states that a mortgage shall not be eligible for insurance if the mortgaged property is subject to
legal restrictions on conveyance.

Recchia said shes heard of rejected applicants in non-age-restricted communities that have shared property
preservation fees, as well as denials involving homes with leased solar panels; since the homeowner
maintains a separate lease with the company that owns the panels, the FHA could technically be left holding
the bag for future payments were the home to enter foreclosure.

Splintered views on a solution

Cathy Peterson, a management assistant at the Recreation Centers of Sun City West, told RMD that her
organization feels just as blindsided and hamstrung as the real estate agents and borrowers, emphasizing
that the property preservation fee has been in place forever and pointing out that the problem is a
national issue.

Nothings changed since Ive been here, and yet theyre saying now that their translation of this rule means
something that they didnt enforce previously, Peterson said of HUD. So we dont get it, and nothings
changed on our part.

Peterson said that carving out exemptions for FHA borrowers would be unfair to other residents who paid
cash or used non-FHA products to fund their purchases.

You cannot have non-uniform dues and assessments and fees just because one person does one thing and
one person does another, she said.

An attorney for the recreation center has been working with HUD, Peterson said, and the organization
remains hopeful that the administration will change its interpretation of the law.

But Recchia believes the solution lies not with the FHA changing its rules, but with the associations
themselves shifting course. She pointed out that the rule has merit, as it allows the government to avoid
laying out funds for the maintenance of assets that it doesnt own. The Recreation Centers of Sun Citys
 http://reversemortgagedaily.com/2017/03/27/obscure-regulation-halts-reverse-mortgages-fha-lending-in-some-towns/print/

lineup of amenities, for instance, includes seven recreation centers, eight golf courses, two bowling alleys,
the Sun Bowl amphitheater, and a 33-acre lake, according to its website.

Put on your taxpayer hat, she said, adding that recovering the most money for the American taxpayer is
the entire point of the FHA foreclosure and resale process.

Instead, Recchia said, homeowners associations need to decide how to mitigate the effects of FHAs
regulations. She typically asks homeowners in these communities to think about the potential solutions:
Would they prefer to just exempt reverse mortgages from the foreclosure payment requirements, or remove
the stipulation for all types of FHA products? Its the only way to bring about real change, Recchia said, as
any amendments to federal rules could potentially take years and thats even if anyone at at FHA or HUD
cares enough to craft exceptions for what is admittedly a small portion of homeowners in the grand scheme
of FHA.

Realistically, I dont see any way were going to get something out of FHA, even in the foreseeable future,
Recchia said. Im going to be dead and gone before that happens.

Until then, homeowners seeking reverse mortgages in these communities remain in financial limbo. Frye
said she had a client who needed a reverse mortgage to help pay his wifes medical expenses after she
entered a third-party care facility, but was thwarted by the FHA regulations.

This is a financial hardship on a lot of our senior residents out there, Frye said.

Written by Alex Spanko

12 3 32

Related

Article printed from Reverse Mortgage Daily: http://reversemortgagedaily.com

URL to article: http://reversemortgagedaily.com/2017/03/27/obscure-regulation-halts-reverse-

mortgages-fha-lending-in-some-towns/

Copyright 2015 Reverse Mortgage Daily. All rights reserved.

 IN THE CIRCUIT COURT OF THE
FIFfH JUDICIAL CIRCUIT FLORIDA
IN AND FOR MARION COUNTY
REVERSE MORTGAGE SOLUTIONS, INCk,
CASE NO.: 2013-CA-OOOllS
Plaintiff, 42-2013-CA-OOOI15-AXXX-XX

vs. Homestead Residential Foreclosure

$50,001-$249,999 (Contested)
NElL J. GILLESPIE AND MARK. GILLESPIE Home Equity Conversion Mortgage
AS CO-TRUSTEES OF THE GILLESPIE HUDIFHAIHECM Reverse Mortgage
FAMILY LIVING TRUST AGREB1v1ENT 12 USC 171Sz-20; 24 eFR Part 206
DATED FEBRUARY 10, 1997, ET AL~ FHA Case Number: 091-4405741
BofAIRMS acctlloan #68011002615899
Defendants.
- - - - - - - - - - - - - - - -/
Rule 1.340, Interrogatories to Parties

To: Carol Olson, Vice President of Administration and Secretary-Treasurer,

Development & Construction Corporation of America ("DECCAn)

INTERROGATORY No.1

State or describe in detail, with specificity, any and all claims DECCA has against Neil J.
Gillespie, or any other party in this lawsuit.

NONE

CAROL OLSON Vice President of Administration

and SecretaryfTreasurer
STATE OF FLORIDA
COUNTY OF MARlON

The foregoing instrument was acknowledged before me this cft.I't"'- day ofMarch) 20 17, by CAROL
OLSON. as Vice President of Administration and Secretaryrrreasurer, who is personally known to me or
who produced _per~y k LW as identification.

My Commission Expires:

f*;~Il~" JOA" E. HARRISON

:*~ MY COMMISSION # FF987350
CERTIFICATE OF SERVICE ..~ EXPIRES APril 28, 2020
"'"W ,\' .
(407) 398-0153 FIoI1d8Nd8 .com
I HEREBY CERTIFY that a true and correct copy ofthe foregoing has been furnished this _ _
day of March, 2017, by U.S. Mail to the following:

NEIL J". GILLESPIE~ 8092 SW 11Slh Loop, Ocala, FLorida 34481

CURTISWILSON, Esqaire, McCALLA, RAYMER, PIERCE, LLC, 225 E. Robinson Street, Suite
660. Orlando, Florida 32801 G~ ~~

CAROL OLSON
10983 SW 89Ch Avenue
Ocala, florida 34481
~`~ ENO excya~c~
UNITED STATES
J
SECURITIES AND EXCHANGE COMMISSION
`^~ o~ WASHINGTON, D.C. 20549
~'''~'nrx~~~ s

DIVISION OF
March 21, 2016
ENFORCEMENT Jane Norberg, Deputy Chief
Office ofthe Whistleblower
Phone:(202)551-4790
Fax:(703)813-9322

Neil J. Gillespie
Heil illespienmfi.net

TCR Submission number: TCR1458580189411

Submission dated: March 15, 2016

Dear Mr. Gillespie:

Thank you for the information that you submitted under the SEC's Whistleblower Program. We greatly
appreciate your bringing this matter to our attention. The success of the whistleblower program depends
on individuals providing the Commission with specific, timely, and credible information.

Members ofthe staff ofthe Division of Enforcement may contact you for additional assistance or
information. In addition, we encourage you to submit any additional supporting information or materials
that you believe will assist us in analyzing and fully understanding this matter.

As a matter of policy, the SEC conducts its investigations on a confidential basis. The purpose of this
policy is to protect the integrity of any investigation from premature disclosure and to protect the privacy
of persons involved in our investigations. Accordingly, although working with whistleblowers and their
counsel is very important to us, there may be very limited information we can share with you regarding
what action, if any, we are taking in response to your submission. I hope you understand these
limitations.

The Commission is only authorized to conduct investigations into possible violations of the federal
securities laws. You should not expect the Commission to take any actions to the extent your information
relates to conduct outside the scope or coverage of the federal securities laws. We may, however, in
appropriate circumstances, refer your matter to another regulatory or law enforcement agency.

Thank you again for taking the opportunity to submit your information to us. Efforts by persons such as
yourself are critical to the success ofthis program.

Please do not hesitate to contact the Office of the Whistleblowec if you have any questions or concerns.

Best Regards,

G;~ ,
J ne Norberg~"
 Page 1 of 1

Neil Gillespie

From: "OWB Correspondence" <owbcorrespondence@sec.gov>

To: <neilgillespie@mfi.net>
Sent: Tuesday, April 19, 2016 11:49 AM
Attach: Gillespie ack ltr - 03212016.pdf
Subject: Acknowledgement Letter
Good morning:

Attached is an acknowledgement letter from your recent submission to our office. Please
contact us at 202-551-4790 should you have difficulty opening the document. Thank you.

___________________________________

C. Briscoe

4/19/2016
 Page 1 of 1

Neil Gillespie

From: "OWB Correspondence" <owbcorrespondence@sec.gov>

To: <neilgillespie@mfi.net>
Sent: Wednesday, July 13, 2016 9:04 AM
Attach: Gillespie addl info ltr - 06142016.pdf
Subject: Acknowledgement Letter
Good morning:

Attached is an acknowledgement letter from your recent submission to our office. Please
contact us at 202-551-4790 should you have difficulty opening the document. Thank you.

___________________________________

C. Briscoe

7/13/2016
 ~o ~c~~c
,~~~ Fo UNITED STATES
~ 3 SECURITIES AND EXCHANGE COMMISSION
N y
'~~ ~~ WASHINGTON, D.C. 20549
.
k'MxxxN

DIVISION OF
ENFORCEMENT
October 4~ 2016
Jane Norberg, Chief
Office of the Whistleblower
Phone:(202)551-4790
Fax:(703)813-9322

Neil J. Gillespie
neil illespie e,mfi.net

TCR Submission number: TCR1458580189411

Submission dated: March 15, 2016
Additional information dated: August 10,2016

Dear Mr. Gillespie:

This letter will confirm our receipt ofthe additional information you provided in connection with the
referenced TCR submission. We appreciate your providing this additional information and have updated
your file.

Thank you for your continued interest in the Whistleblower Program.

Best Regards,

J e No erg
 Page 1 of 1

Neil Gillespie

From: "OWB Correspondence" <owbcorrespondence@sec.gov>

To: <neilgillespie@mfi.net>
Sent: Wednesday, October 26, 2016 9:53 AM
Attach: Gillespie addl info ltr - 10042016.pdf
Subject: Acknowledgement Letter
Good morning:

Attached is an acknowledgement letter from your recent submission to our office. Please
contact us at 202-551-4790 should you have difficulty opening the document. Thank you.

___________________________________

C. Briscoe

10/26/2016
VIA Email: pam.bondi@myfloridalegal.com January 21, 2016

Attorney General Pam Bondi

Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050

Public Records Request. F.S. 119.07(1)(c) All public records requests shall be acknowledged
promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.

Dear Attorney General Bondi:

As the statewide elected official directed by the Florida Constitution to serve as the chief
legal officer for the State of Florida (Exhibit 1):

1. Provide records showing jurisdiction of Florida courts over a disputed foreclosure of a

federal reverse mortgage, called a HECM, or Home Equity Conversion Mortgage:

A Home Equity Conversion Mortgage, or HECM, is a Federal Housing Administration (FHA)

reverse mortgage program administered by the Secretary, United States Department of
Housing and Urban Development (Secretary or HUD) to enable home owners over 62 years old
access the subject home's equity. 12 U.S.C. 1715z20 et seq. and 24 C.F.R. Part 206.

A HECM does not require a homeowner to make mortgage payments as a conventional

mortgage does. Instead, a HECM does not become due and payable until the last surviving
homeowner dies or no longer lives in the home. 12 U.S.C. 1715-z20(j) Safeguard to prevent
displacement of homeowner. The HECM becomes due and payable in full if a mortgagor dies
and the property is not the principal residence of at least one surviving mortgagor....and no other
mortgagor retains title to the property. 24 C.F.R. 206.27(c).

2. On information and belief, when a substantial disputed issue of federal HECM law is a
necessary element of the foreclosing Plaintiffs state law claim that a HECM is due and payable,
the U.S. district court has subject matter jurisdiction under 28 U.S.C. 1331 and the U.S.
Constitution, Article III, Section 2 for all cases, in law and equity, arising under this
Constitution, [and] the laws of the United States, and the Due Process Clause of the Fifth
Amendment and Fourteenth Amendment of the Constitution of the United States:

The Constitution states only one command twice. The Fifth Amendment says to the
federal government that no one shall be "deprived of life, liberty or property without due
process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven
words, called the Due Process Clause, to describe a legal obligation of all states. These
words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures. (Cornell Law LII)
http://www.law.cornell.edu/wex/due_process
Attorney General Pam Bondi January 21, 2016
Office of Attorney General Page - 2
State of Florida
PUBLIC RECORDS REQUEST

A property right can be created only by state law. Once a property right is established, the
determination of what process is due before that right can be deprived is a question answered by
the federal Constitution. Kingsford v. Salt Lake City Sch. Dist., 247 F.3d 1123 (10th Cir. 2001).

U.S. Judge Thomas W. Thrash, Jr. in Thompson-El v. Bank of America, 1:12-CV-840-

TWT, District Court, N.D. GA held in an Order entered December 12, 2012:

Federal question cases are those arising under the Constitution, laws, or treaties of the
United States. 28 U.S.C. 1331 A case arises under federal law if federal law creates
the cause of action, or if a substantial disputed issue of federal law is a necessary element
of a state law claim. Pacheco de Perez v. AT&T Co., 139 F.3d 1368, 1373 (11th Cir.
1998) (citing Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for S.
Cal., 463 U.S. 1, 13 (1983)).

Thank you for the courtesy of a response.

Sincerely,

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

Cc: Leslie Jacobs, Email: Leslie.Jacobs@myfloridalegal.com

Enclosure
 Page 1 of 2

Neil Gillespie

From: "Leslie Jacobs" <Leslie.Jacobs@myfloridalegal.com>

To: "Neil Gillespie" <neilgillespie@mfi.net>
Sent: Tuesday, January 26, 2016 3:08 PM
Subject: Re: Fw: Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016
January 26, 2016

Mr. Neil J. Gillespie

8092 SW 115th Loop
Ocala, FL 34481
Via email neilgillespie@mfi.net

Dear Mr. Gillespie:

This will respond to your January 21, 2016 email in which, pursuant to Ch. 119, F.S., you make the
following request for public records:

1. Provide records showing jurisdiction of Florida courts over a disputed foreclosure of a

federal reverse mortgage, called a HECM, or Home Equity Conversion Mortgage:
A Home Equity Conversion Mortgage, or HECM, is a Federal Housing Administration (FHA)
2. On information and belief, when a substantial disputed issue of federal HECM law is a
necessary element of the foreclosing Plaintiffs state law claim that a HECM is due and payable, the
U.S. district court has subject matter jurisdiction under 28 U.S.C. 1331 and the U.S. Constitution,
Article III, Section 2 for all cases, in law and equity, arising under this Constitution, [and] the laws
of the United States, and the Due Process Clause of the Fifth Amendment and Fourteenth Amendment
of the Constitution of the United States:
The Constitution

Our Office does not have any documents responsive to your specific inquiry dated January 21, 2016
regarding Home Equity Conversion Mortgages (HECM). The HECM is the reverse mortgage program
run through the Federal Housing Authority. In furtherance of trying to assist you, additional information
about that federal program may be found at:

http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/hecm/rmtopten

Thank you for the opportunity to assist you in this matter.

Sincerely,

Leslie Jacobs
Public Records Coordinator
Office of the Attorney General
PL 01, The Capitol
Tallahassee, FL 32399-1050
(850) 245-0140(o)
(850) 487-2564 (f)

"Neil Gillespie" ---01/26/2016 12:08:55 PM---TO: Attorney General Pam Bondi: I do not have an

8/15/2016
 Page 2 of 2

acknowledgment for this record request. cc: Leslie

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

To: "Pam Bondi" <pam.bondi@myfloridalegal.com>, "Leslie Jacobs" <Leslie.Jacobs@myfloridalegal.com>
Cc: "Neil Gillespie" <neilgillespie@mfi.net>
Date: 01/26/2016 12:08 PM
Subject: Fw: Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016

TO: Attorney General Pam Bondi: I do not have an acknowledgment for this record request.
cc: Leslie Jacobs.

Public Records Request. F.S. 119.07(1)(c) All public records requests shall be acknowledged
promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.

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

From: Neil Gillespie
To: Pam Bondi ; Leslie Jacobs
Cc: Neil Gillespie
Sent: Thursday, January 21, 2016 8:40 AM
Subject: Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016

[attachment "Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016.pdf" deleted by

Leslie Jacobs/OAG]

8/15/2016
 http://myfloridalegal.com/pages.nsf/Main/F06F66DA272F37C885256CCB0051916F

The Role and Function of the Attorney General

The Attorney General is the statewide elected official directed by the Florida Constitution to serve as the chief
legal officer for the State of Florida. The Attorney General is responsible for protecting Florida consumers
from various types of fraud and enforcing the states antitrust laws. Additionally, the Attorney General protects
her constituents in cases of Medicaid fraud, defends the state in civil litigation cases and represents the people
of Florida when criminals appeal their convictions in state and federal courts.

Within the Attorney Generals Office is the Office of Statewide Prosecution that targets widespread criminal
activities throughout Florida including identity theft, drug trafficking and gang activity. The Attorney
General's Office also conducts various programs to assist victims of crime.

The Attorney General defends the constitutionality of statutes duly enacted by the Legislature and is
authorized to issue formal legal opinions at the request of various public officials on questions relating to the
application of state law. The Office of the Attorney General houses the Florida Commission on the Status of
Women and the Council on the Social Status of Black Men and Boys. Also housed within the Attorney
Generals Office is the Office of Civil Rights, which investigates and takes legal action against violations of
Floridians civil rights.

The Attorney General serves as a member of the Florida Cabinet along with the Chief Financial Officer and
the Commissioner of Agriculture. As a Cabinet member, the Attorney General serves on the Clemency Board
and as a member of the various Cabinet boards and commissions that address state lands, state investments, and
rules pertaining to insurance and financial regulation. Also as a Cabinet member, the Attorney General serves,
collectively as agency head for the Departments of Highway Safety and Motor Vehicles, Law Enforcement,
Revenue and Veterans Affairs.

Frequently Asked Questions

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

Florida Toll Free Numbers:

- Fraud Hotline 1-866-966-7226
 Service List April 7, 2017
I hereby certify the names below were served by email April 7, 2017 through the Florida
Portal, unless otherwise expressly stated. May include additional names on the Florida Portal.
Jane Norberg, Chief
Email: NorbergJ@sec.gov
SEC Office of the Whistleblower
100 F Street NE
Washington, DC 20549
Phone: (202) 551-4790
Fax: (703) 813-9322
TCR Submission No. TCR1458580189411
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750
Civil Rights Division, Voting Section
U.S. Department of Justice
950 Pennsylvania Ave., NW, Rm 7254 NWB
Washington, DC 20530
Email: voting.section@usdoj.gov
Ken Detzner, Secretary of State
Florida Department of State
R. A. Gray Building, Room 316
500 South Bronough Street
Tallahassee, Florida 32399-0250
Email: Ken.Detzner@dos.myflorida.com
Notice to the Florida Attorney General
of a constitutional challenge
oag.civil.eserve@myfloridalegal.com
Pam Bondi, Florida Attorney General
Office of Attorney General
107 West Gaines Street
Tallahassee, FL 32399-1050
Wesley Wilcox, Supervisor of Elections
Marion County, Florida
Email: WWilcox@VoteMarion.com
Matthew Minter, Marion County Attorney
Alt. Member Canvassing Board AO M-2016-8
Email: Matthew.Minter@marioncountyfl.org
Thomas J. Marshall, General Counsel
and Executive Vice President
Email: thomas.j.marshall@usps.gov
United States Postal Service
475 L'Enfant Plaza SW
Washington DC 20260
c/o Guy Cottrell, Chief Postal Inspector
18 U.S. Code 1341 - Frauds and swindles
18 U.S. Code 1343 - Fraud by wire, radio, or TV
18 U.S. Code 1346 - Honest services fraud
W. Stephen Muldrow USAFLM
Acting United States Attorney
Middle District of Florida
400 North Tampa Street, Suite 3200
Tampa, Fl. 33602
Email: w.stephen.muldrow@usdoj.gov
Maria Matthews, Esq., Director
Florida Division of Elections
Email: maria.matthews@dos.myflorida.com
W. Jordan Jones, Asst. General Counsel
Florida Department of State
Email: Jordan.Jones@dos.myflorida.com
Florida Department of Law Enforcement
Rick Swearingen, Commissioner
Email: RickSwearingen@fdle.state.fl.us
Jason Jones, General Counsel
Email: JasonJones@fdle.state.fl.us
2331 Phillips Road
Tallahassee, FL 32308
R. Gregg Jerald, General Counsel
Marion County Sheriff's Office
Email: gjerald@marionso.com
Kathy Bryant, Marion Co. BOCC
Marion County Canvassing Board
Email: Kathy.bryant@marioncountyfl.org
Governor Rick Scott
Email: Rick.Scott@eog.myflorida.com
Executive Office of the Governor
400 S Monroe Street
The Capitol
Tallahassee, FL 32399-6536
Office: 850-717-9310
Fax: 850-922-1278
William Nicholson Spicola
General Counsel for Governor Rick Scott
Email: william.spicola@eog.myflorida.com
Florida Supreme Court
500 South Duval Street
Tallahassee, Florida 32301
Email: e-file@flcourts.org
Email: supremecourt@flcourts.org
http://www.floridasupremecourt.org/
John F. Harkness, Jr.
Executive Director
The Florida Bar
651 East Jefferson Street
Tallahassee, FL 32399-2300
Email: jharkness@flabar.org
http://www.floridabar.org/
John Thomas Berry
Legal Division Director
The Florida Bar
Email: jberry@flabar.org
Patrick L. Booter Imhof
General Counsel
The Florida Bar
Email: PImhof@floridabar.org
Shanell M. Schuyler
ACAP Director
The Florida Bar
Email: SSchuyler@floridabar.org
Hon. Jay P. Cohen, Chief Judge
Email: woodardj@flcourts.org
Fifth District Court of Appeal(5thDCA)
2
Jeffrey S. Bragg, Secretary, DOEA
Email: braggj@elderaffairs.org
Department of Elder Affairs
4040 Esplanade Way
Tallahassee, Florida 32399-7000
http://elderaffairs.state.fl.us/index.php
Richard Prudom, Deputy Sec/Chief Staff
Email: Prudomrm@elderaffairs.org
Sarah K Halsell, DOEA
Email: Halsellsk@elderaffairs.org
Madeleine Nobles, Director
Email: noblesm@elderaffairs.org
Florida Public Information Office
Email: publicinformation@flcourts.org
William Schifino, President
The Florida Bar
Email: wschifino@burr.com
Michael Higer, President-Elect
The Florida Bar
Email: mhiger@bergersingerman.com
Adria E Quintela
Lawyer Discipline Director
The Florida Bar
Email: aquintel@flabar.org
Francesca Ciaccio-Freeman PHR SHRM-CP
Director of Human Resources Florida Bar
ADA Disability Coordinator
Email: FCiaccio-Freeman@floridabar.org
Richard Courtemanche
Assistant General Counsel
The Florida Bar
Email: RCourtemanche@floridabar.org
Joanne P. Simmons, Clerk 5thDCA
Email: simmonsj@flcourts.org
Charles R. Crawford, Marshal 5thDCA
Email: crawfordc@flcourts.org
 Service List April 7, 2017
I hereby certify the names below were served by email April 7, 2017 through the Florida Portal,
unless otherwise expressly stated. May include additional names on the Florida Portal.
The Honorable Joseph Negron, President
Email: joe@joenegron.com
Florida Senate
409, The Capitol
404 S. Monroe Street
Tallahassee, FL 32399-1100
Tel: 850-487-5229
https://www.flsenate.gov/Offices/President
Florida Senate
Debbie Brown, Secretary of the Senate
Office of Senate Secretary
Email: brown.debbie.web@flsenate.gov
Office of Inspector General, OIGHotline
c/o Board of Governors of
the Federal Reserve System
20th Street and Constitution Avenue, NW
Mail Stop K- 300
Washington, DC 20551
Email: OIGHotline@frb.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750
The Honorable Richard Cordray, Director
Consumer Finance Protection Bureau
1700 G Street, NW
Washington, DC 20002
Email: Richard.Cordray@cfpb.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750
FBI Tampa Division
Special Agent in Charge, Paul Wysopal
Website: https://www.fbi.gov/tampa
Email: tampa.division@ic.fbi.gov
The Honorable Don F. Briggs
Chief Judge, Fifth Judicial Circuit
Lake County Judicial Center
550 W. Main Street
Tavares, FL 32778-7800.
Tel. 352-742-4224
Email: dbriggs@circuit5.org
The Honorable Richard Corcoran, Speaker
Email: richard@richardcorcoran.com
Florida House of Representatives
420 The Capitol
402 South Monroe Street
Tallahassee, Florida 32399-1300
Tel: 850-717-5037
http://www.myfloridahouse.gov/
Florida House of Representatives
Office of the Clerk
Email: officeoftheClerk@myfloridahouse.gov
SEC Office of the Whistleblower
100 F Street NE
Washington, DC 20549
Phone: (202) 551-4790
Fax: (703) 813-9322
Via U.S. Mail, First Class or Priority
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750
Not served on the Florida Portal
Stefanie Isser Goldblatt
Senior Litigation Counsel
Enforcement Division
Consumer Finance Protection Bureau
Email: Stefanie.Goldblatt@cfpb.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750
FBI Jacksonville Division
Special Agent in Charge, Michelle S. Klimt
Website: https://www.fbi.gov/jacksonville
Email: jacksonville@ic.fbi.gov
The Honorable Ann Melinda Craggs
Circuit Court Judge, Fifth Judicial Circuit
Marion County Judicial Center
110 NW 1st Ave.
Ocala, FL 34475
Tel: 352-401-6785
Email: amcraggs@circuit5.org
Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AUSA
McCalla Raymer Pierce, LLC 400 N. Tampa Street, Suite 3200
225 E. Robinson Street, Ste. 660 Tampa, FL 33602
Orlando, FL 32801 Email: USAFLM.HUD@usdoj.gov
Email: MRService@mrpllc.com JAXSFFORECLOSURES@hud.gov
JAXSFORECLOSURES@hud.gov
lydia.a.brush@gmail.com

Gregory C. Harrell David R. Ellspermann Marion County Clerk

General Counsel to David R. Ellspermann, of Court & Comptroller
Marion County Clerk of Court & Comptroller P.O. Box 1030
P.O. Box 1030 Ocala, Florida 34478-1030
Ocala, Florida 34478-1030 Email: Ellspermann@marioncountyclerk.org
Email: gharrell@marioncountyclerk.org

Development & Construction Corporation Oak Run Homeowners Association, Inc.

of America, c/o Carol Olson, Vice President (ORHA)
of Administration and Secretary-Treasurer c/o ORHA Board of Directors
10983 SW 89 Avenue Email: orhaboard@yahoo.com
Ocala, FL 34481
Email: colson@deccahomes.com

Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997; Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net

Neil J. Gillespie Mark Gillespie

8092 SW 115th Loop 7504 Summer Meadows Drive
Ocala, FL 34481 Ft. Worth, TX 76123
Email: neilgillespie@mfi.net Email: mark.gillespie@att.net

Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie

7504 Summer Meadows Drive
Ft. Worth, TX 76123 Email: mark.gillespie@att.net

Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated

February 10, 1997; (NONE); Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481 Email: neilgillespie@mfi.net

Elizabeth Bauerle n/k/a Elizabeth Bidgood Unknown spouse of Elizabeth Bidgood,

8092 SW 115th Loop n.k.a. Scott Bidgood
Ocala, FL 34481 8092 SW 115th Loop
Email: neilgillespie@mfi.net Ocala, FL 34481
Email: neilgillespie@mfi.net
2
 Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997

STATE OF FLORIDA ) 1111111111111111111111111111111111111111

COUNTY OF MARION
DAVID R EllSPERMANN CLERK & COMPTROLLER MARION co
) SS.: DATE: 02/03/2015 11 :55:32 AM
) FILE #: 2015009748 OR BK 6161 PGS 1844-1845
AFFIDAVIT REC FEES: $18.50 INDEX FEES: $0.00
DDS: $0 MDS: $0 INT: $0

BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly

sworn deposed upon oath as follows:

I. My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on

personal knowledge unless otherwise expressly stated.

2. I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,

1997 (hereinafter "Trust").

\ \

oeZ=::).. My Florida residential homestead property is the sole asset of the Trust, property address

..
" ~:.

8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I

have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.

7013-007-00 I, legal description:

Lot(s) ], Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through I ]2, inclusive of the Public Records of
Marion County, Florida.

4. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I transferred

the remaining trust property to the beneficiary, myself, on January 14, 2015.

5. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I hereby

terminate the Trust as provided by Fla. Stat. 736.0414, and Article V, the Trust. The total fair

market value of the assets of the Trust is zero. The Trust served its intended purpose of

transferring the property to the beneficiary without going through probate.

6. Pursuant to Fla. Stat. 736.0414 Modification or tenn ination of uneconomic trust. (1)

After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property

Book6161/Page1844 CFN#2015009748 Page 1 of 2

 having a total value less than $50,000 may terminate the trust if the trustee concludes that the

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

FURTHER AFFIANT SA YETH NOT,

The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
1=l--'bL
- ti~u II~O SlD o;tl 0
by Neil J. Gillespie, who is personally known to me, or who has produced . as

. identification and states that he is. the person who made this affidavit and that its co~tents are

truthful to the best of his knowledge, information and belief.

r
Notary Public State of Florida
(SEAL) Angelica Cruz
My Commission EE067986 NOTAR UBLIC
Expires 02127/2015

~(?JI(s2. Lr0L
Print Na of Notary PublIc

My Commission Expires: --2J......;;J;_~-=-

.._'_)5 _

Book6161/Page1845 CFN#2015009748 Page 2 of 2