USSC Application No. 17A878 GRANTED by Justice Thomas

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No. 17A878
Title: Neil Gillespie, Applicant

v.
Reverse Mortgage Solutions, et al.
Docketed: February 16, 2018
Lower Ct: Supreme Court of Florida
Case Numbers: (SC17-1361)
DATE PROCEEDINGS AND ORDERS
Feb 12 2018 Application (17A878) to extend the time to file a petition for a writ of
certiorari from February 12, 2018 to April 13, 2018, submitted to Justice
Thomas.
Main Document Lower Court Orders/Opinions Main

Document Lower Court Orders/Opinions
Feb 21 2018 Application (17A878) granted by Justice Thomas extending the time to file
until April 13, 2018.
NAME ADDRESS PHONE
Attorneys for Petitioner
Neil J. Gillespie 8092 SW 115th Loop (352) 854-7807

Ocala, FL 34481
Party name: Neil Gillespie

Supreme Court of the United States
Office of the Clerk
Washington, DC 20 43-0001
Scott S. Harris
Clerk of the Court
February 21, 2018 (2°2)"-8°¹¹
Clerk
Supreme Court of Florida
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399-1927
Re: Neil Gillespie

v. Reverse Mortgage Solutions, et al.
Application No. 17A878
(Your No. SC17-1361)
z co
De r Clerk:
U
The application for an extension of time within which to file a petition
for a writ of certiorari in the above-entitled case has been presented to
Justice Thomas, who on February 21, 2018, extended the time to and
including April 13, 2018.
This letter has been sent to those designated on the attached

notification list.
Sincerely, .
Scott S. Harris, Clerk
by
Clayton Higgins
Case Analyst
Office of the Clérk
Washington, DC 20543-0001
Scott S. Harris
Clerk of the Court
NOTIFICATION LIST (2°2)*-³°¹¹
Mr. Neil J. Gillespie

8092 SW 115th Loop
Ocala, FL 34481
Clerk
Filing # 67864350 E-Filed 02/13/2018 12:24:28 AM
Clerk February 12,2018

1 First Street, NE
Washington, DC 20543
RE: Neil J. Gillespie v. Reverse Mortgage Solutions, Inc.
Dear Clerk:
Please find enclosed an original Consolidated Motions, 10 copies, 3 separate appendices, Rule
29 Notice of Service, and file the following on my behalf:
1. MOTION TO EXTEND TIME BY 60 DAYS TO FILE PETITION IN FSC SC17-1361
2. MOTION TO CONSOLIDATE FSC SC17-1361 WITH USSC PETITION NO. 17-7054

DISTRIBUTED FOR CONFERENCE OF FEBRUARY 16,2018
3. MOTION FOR DEFAULT JUDGMENT IN USSC PETITION NO. 17-7054
4. MOTION TO AMEND USSC PETITION NO. 17-7053 DISTRIBUTED FOR

CONFERENCE OF FEBRUARY 16,2018
5. MOTION TO STAY FINAL JUDG·MENT OF RESIDENTIAL HOMESTEAD HECM

REVERSE MORTGAGE FORECLOSURE
6. NOTICE OF CRMINAL COMPLAINT TO FBI SPECIAL AGENT IN CHARGE

ERIC W. SPORRE, TAMPA DIVISION
7. CONSTITUTIONAL CHALLENGE TO HECM REVERSE MORTGAGE PROGRAM
eil J. Gillespi
disabled non-lawyer appearing pro se
8092 SW 115th Loop
Ocala, Florida 34481
Tel: 352-854-7807
Email: neilgillespie@mfi.net
Enclosures
No: _______________________
IN THE
SUPREME COURT OF THE UNITED STATES
____________________
NEIL J. GILLESPIE, PETITIONER
vs.
REVERSE MORTGAGE SOLUTIONS, INC., RESPONDENT

________________________
ON PETITION FOR A WRIT OF CERTIORARI TO
The Supreme Court of Florida, Case No.: SC17-1361

____________________
1. MOTION TO EXTEND TIME BY 60 DAYS TO FILE PETITION IN FSC SC17-1361
2. MOTION TO CONSOLIDATE FSC SC17-1361WITH USSC PETITION NO. 17-7054

DISTRIBUTED FOR CONFERENCE OF FEBRUARY 16, 2018
3. MOTION FOR DEFAULT JUDGMENT IN USSC PETITION NO. 17-7054
4. MOTION TO AMEND USSC PETITION NO. 17-7053 DISTRIBUTED FOR

CONFERENCE OF FEBRUARY 16, 2018
5. MOTION TO STAY FINAL JUDGMENT OF RESIDENTIAL HOMESTEAD HECM

6. NOTICE OF CRMINAL COMPLAINT TO FBI SPECIAL AGENT IN CHARGE

ERIC W. SPORRE, TAMPA DIVISION
7. CONSTITUTIONAL CHALLENGE TO HECM REVERSE MORTGAGE PROGRAM
February 12, 2018

by
Neil J. Gillespie, a disabled nonlawyer appearing pro se

8092 SW 115th Loop
Tel: 352-854-7807
LIST OF PARTIES

A disabled non-lawyer appearing pro se
8092 SW 115th Loop
Tel: 352-854-7807
vs.

Represented by: Curtis Alan Wilson, Esq., Florida Bar No. 77669
McCalla Raymer Leibert Pierce, LLC
225 E. Robinson St. Suite 115
Orlando, FL 32801
Phone: 407-674-1850; Fax: 321-248-0420
Email: MRService@mrpllc.com
Email: MRService@mccalla.com
Indispensable Parties Not Sued
PENELOPE M. GILLESPIE, BORROWER, DIED SEPTEMBER 16, 2009

ESTATE OF PENELOPE M. GILLESPIE, CLOSED WITH NOTICE OF TRUST JUNE 24, 2014
Other Parties
13CA000115AX DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA

13CA000115AX ELIZABETH BAUERLE*
13CA000115AX JOETTA GILLESPIE*
13CA000115AX MARK GILLESPIE*
13CA000115AX OAK RUN HOMEOWNERS ASSOCIATION INC
13CA000115AX UNITED STATES OF AMERICA
*Justin R. Infurna, Esq., LL.M, The Infurna Law Firm, P.A.

Attorney for Defendants Mark Gillespie, Joetta Gillespie, Elizabeth Bauerle, Scott Bidgood.
121 South Orange Ave., Ste. 1500, Orlando, Florida 32801
Telephone: (800)-774-1560; Fax: (407)386-3419
Primary Email: justin@infurnalaw.com; Secondary Email: justininfurna@gmail.com
Fake Parties
• All unknown spouse parties
• Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997 (the Trust terminated on February 2, 2015)
• Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997 (NONE)
CONSOLIDATED MOTIONS
Neil J. Gillespie, an indigent nonlawyer, unable to obtain adequate counsel, a consumer
of legal and court services affecting interstate commerce, a consumer of personal, family and
household goods and services, consumer transactions in interstate commerce, a person with
disabilities, a vulnerable adult age 61 suffering the infirmaries of aging, henceforth in the first
person, reluctantly appears pro se to save my home from wrongful foreclosure, and moves this
Honorable U.S. Supreme Court as follows:
OPENING STATEMENT
I know my consolidated motion is highly unusual, but I believe it is in the interest of the
effective and expeditious administration of the business of the courts.
I HAVE TWO (2) PETITIONS CURRENTLY BEFORE THE U.S. SUPREME COURT
USSC Petition No. 17-7053 distributed for conference of February 16, 2018. USSC
Petition No. 17-7053 is a petition for writ of certiorari to the Florida Supreme Court case SC17-
1570, Lower Tribunal No(s).: 5D17-2273; 422013CA000115CAAXXX. Curtis A. Wilson,
Counsel of Record, of McCalla Raymer Leibert Pierce, filed a waiver of right of respondent
Reverse Mortgage Solutions to respond on January 9, 2018.
USSC Petition No. 17-7054 distributed for conference of February 16, 2018. USSC
Petition No. 17-7054 is a petition for writ of certiorari to the Florida Supreme Court case SC17-
1572, Lower Tribunal No(s).: 5D17-2317; 422013CA000115CAAXXX. The docket in USSC
Petition No. 17-7054 shows the respondent is not represented by counsel or anyone else.
MOTION 1
EXTEND TIME BY 60 DAYS TO FILE PETITION IN FSC SC17-1361.
The Order in SC17-1361, entered November 14, 2017, appears at Exhibit 1, and states:
The petition for writ of prohibition is hereby denied as successive. See
Jenkins v. Wainwright, 322 So. 2d 477, 478 (Fla. 1975) (declaring that once a
petitioner seeks relief in a particular court by means of a petition for extraordinary
writ, he has picked his forum and is not entitled to a second or third opportunity for
the same relief by the same writ in a different court). Any motions or other
requests for relief are also denied. No rehearing will be entertained by this Court.
PARIENTE, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.
This is similar to the petition for writ of prohibition in USSC Petition No. 17-7054 distributed
for conference of February 16, 2018. The question for the Court, which petition should be denied
as “successive”. I believe USSC Petition No. 17-7054 is the successive petition, because my
petition in FSC SC17-1361 was filed directly in the Supreme Court of Florida two days before
my petition in USSC Petition No. 17-7054 was filed in the Florida 5thDCA. Both cases concern:
Petition for Writ of Prohibition - A Case of Original Jurisdiction

To Remove Marion County Circuit Court Judge Ann Melinda Craggs
My SUPREME COURT OF FLORIDA petition appears at Appendix A, as Filing #
59259445 E-Filed 07/19/2017 08:05:57 PM, and was filed with the cross-outs, just as shown. I
have omitted all the supporting documents for the sake of economy, mostly time.
The Court already has my Florida 5thDCA petition in USSC Petition No. 17-7054,
submitted again here as Appendix B, which shows on the side, RECEIVED, 7/21/2017, 11:50
AM, Joanne P. Simmons, Fifth District Court of Appeal. The numbers across the top, Filing #
54774550 E-Filed 04/07/2017 09:38:57 AM, refer to my wrong filing in the trial court, which
failed to forward the misfiled petition as required by the Fla. Const, Art. V, Section 2 (a)
SECTION 2. Administration; practice and procedure.—

(a) The supreme court shall adopt rules for the practice and procedure in all courts
including..., the transfer to the court having jurisdiction of any proceeding when the
jurisdiction of another court has been improvidently invoked, and a requirement that no
cause shall be dismissed because an improper remedy has been sought...
2
Clearly Filing # 59259445 E-Filed 07/19/2017 08:05:57 PM was in the Supreme Court of
Florida before it was RECEIVED, 7/21/2017, 11:50 AM, Joanne P. Simmons, Fifth District
Court of Appeal.
The docket in USSC Petition No. 17-7054 shows the respondent is not represented by
counsel or anyone else.
WHEREFORE, I respectfully move this court to GRANT MOTION 1, EXTEND TIME
BY 60 DAYS TO FILE PETITION IN FSC SC17-1361.
MOTION 2
MOTION TO CONSOLIDATE FSC SC17-1361 WITH USSC PETITION NO. 17-

7054 DISTRIBUTED FOR CONFERENCE OF FEBRUARY 16, 2018
For the reasons stated above in Motion 1, the Court may want to consolidate FSC SC17-
1361 with USSC PETITION NO. 17-7054.
counsel or anyone else.
WHEREFORE, I respectfully move this court to GRANT MOTION 2, consolidate FSC
SC17-1361 with USSC PETITION NO. 17-7054.
MOTION 3
MOTION FOR DEFAULT JUDGMENT IN USSC PETITION NO. 17-7054
counsel or anyone else. It appears the respondent has abandoned its interest in the case. The U.S.
Supreme Court rules do not provide for a default judgment, but Rule 55 of the Federal Rules of
Civil Procedure does.
WHEREFORE, I respectfully move this court to GRANT MOTION 3, FOR DEFAULT
JUDGMENT IN USSC PETITION NO. 17-7054, under Rule 55, FRCP.
3
MOTION 4
MOTION TO AMEND USSC PETITION NO. 17-7053 DISTRIBUTED FOR

CONFERENCE OF FEBRUARY 16, 2018
It has come to my attention that 5thDCA docket in 5D17-2273 (Exhibit 2) shows the
Florida Supreme Court only transferred the petition for review, but none of the appendices in my
EMERGENCY PETITION TO CANCEL NON-JURY TRIAL 10.00 AM TODAY, Filing #
59132663 E-Filed 07/18/2017 07:24:12 AM. My Emergency Petition was supported by 9
Appendices, including 4 Affidavits, but the 5thDCA never got those documents to review.
Appendix A - Defendants’ Emergency Motion to Cancel Hearing July 18, 2017

Appendix B - Defendants’ Notice of Filing U.S. Supreme Court Petition and Response.
Appendix 1 Order Dismissal Mar-31-2017, Notice Appeal Mar-27-2017
Appendix 2 Notice of Filing Federal Civil Rights Complaint
Appendix 3 US Supreme Court Clerk's reply letter Mr Higgins Oct-19-2016
Appendix 4 Affidavit of Neil Gillespie re Dr. Kassels Jun-12-2017
Appendix 5, Affidavit of Neil J Gillespie of Traumatic Brain Injury (TBI)
Appendix 6 Affidavit of Neil J Gillespie HECM Age Limits
Appendix 7 Affidavit of Neil J Gillespie - Defenses and Claims In Recoupment
WHEREFORE, I respectfully move this court to GRANT MOTION 4, MOTION TO
AMEND USSC PETITION NO. 17-7053 DISTRIBUTED FOR CONFERENCE OF
FEBRUARY 16, 2018.
MOTION 5
MOTION TO STAY FINAL JUDGMENT OF RESIDENTIAL HOMESTEAD HECM

The reasons to grant a stay are set forth in my NOTICE OF CRMINAL COMPLAINT
TO FBI SPECIAL AGENT IN CHARGE ERIC W. SPORRE, TAMPA DIVISION. Appendix 3.
Eric W. Sporre February 12, 2018

Special Agent in Charge
FBI Tampa Division
5525 West Gray Street
Tampa, FL 33609
Tel. (813) 253-1000
4
Dear Special Agent In Charge Sporre:
Enclosed a certified copy of FINAL JUDGMENT OF FORECLOSURE. Exhibit A. This

instrument is entered in the official records of Marion County by David R. Ellspermann, Clerk &
Comptroller, CFN# 2017065654 BK 6612Pgs 0679-0684 07/19/2017 05:43:26 PM, in the
residential foreclosure of my Florida homestead on a federal reverse mortgage.
Pursuant to Title 18 of the United States Code (U.S.C.), including but not limited to 18 U.S.C. §
371, I request you investigate the fraud or impairment of a legitimate government activity, the
FINAL JUDGMENT OF FORECLOSURE, in my residential federal Home Equity Conversion
Mortgage. The case is captioned Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al.
Plaintiff: Reverse Mortgage Solutions, Inc. (RMS)

Defendants: Neil J. Gillespie, et al.
Court: Marion County Circuit Civil, Case No. 2013-CA-000115
Presiding Judge: Ann Melinda Craggs, Marion County Florida Circuit Court Judge
Plaintiff’s Counsel: Curtis Alan Wilson, Esq., McCalla Raymer Leibert Pierce, LLC,
225 E. Robinson St. Suite 115, Orlando, FL 32801, Phone: 407-674-1850
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.
FHA Case Number: 091-4405741

BofA/RMS acct/loan #68011002615899
My HECM is a federally insured loan backed by the full faith and credit of the United States
Government. The FINAL JUDGMENT OF FORECLOSURE attempts to defraud the United
States Government, and myself as homeowner, as follows:
1. Omits the fact that on July 18, 2017 I was taken by ambulance to the hospital after
becoming sick during a non-jury trial on the foreclosure of my home. I was alone and without
counsel to represent me. Judge Craggs continued the trial without me and ruled for the bank.
2. Court records in case no. 2013-CA-000115 show that Judge Craggs continued the
nonjury foreclosure trial without me, and did not enter any of my documents into evidence.
3. Wrongly awarded the Plaintiff Filing Fees of $4,549.60. The actual amount is $1,065.50.
4. Wrongly awarded the Plaintiff’s counsel attorney’s fees of $19,109, which exceeds the
amount in the HUD Mortgagee Letter 2005-30; and exceeds the amount in the judiciary
foreclosure standard of $2,250 found in the HUD Mortgagee Letter 2013-38 by $16,859.
5
5. Plaintiff’s counsel wrongly filed this case as a commercial foreclosure for the purpose of
judge shopping, to keep off the backlog foreclosure docket presided over by retired judges, and
increase the time to litigate the case from 1 year to 5 years, to collect an additional $16,859.
6. I have not been lawfully served in this lawsuit, as reflected in the record.
7. A Clerk’s receipt dated Aug-28-2017 shows the foreclosure case parties:
DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA

ELIZABETH BAUERLE
JOETTA GILLESPIE
MARK GILLESPIE
NEIL J GILLESPIE
OAK RUN HOMEOWNERS ASSOCIATION INC
REVERSE MORTGAGE SOLUTIONS INC
UNITED STATES OF AMERICA
There are NO “TRUST” PARTIES, and NO “UNKNOWN” PARTIES on the receipt.

____________________________________________
The Final Judgment of Foreclosure, (Exhibit A) appears on the Clerk’s docket at DOC-477.
Paragraph 3 states that the Plaintiff is due Filing Fees of $4,549.60.
Principal $123,200.85
Interest to date of this $184.20

judgment until 7/18/2017
Monthly Service Fee $30.00
Property Inspections $1,320.00
Filing Fees $4,549.60
Attorney's fees
Finding as to reasonable
hourly rate: $175.00
Attorney's Fees Total $19,109.00
TOTAL $148,363.32
• The Final Judgment of Foreclosure showing Filing Fees of $4,549.60 is wrong.

• The actual Filing Fees in this Foreclosure case are $1,065.50.
• The Final Judgment of Foreclosure overstates the Filing Fees by $3,484.10.
Gregory C. Harrell is General Counsel to David R. Ellspermann, Marion County Clerk of Court
& Comptroller. On 8/23/2017 @ 6.02 PM I emailed Mr. Harrell for records of the filing fees:
6
Regarding Filing Fees of $4,549.60 shown at paragraph 3, FINAL JUDGMENT OF
FORECLOSURE (attached), provide records for the Filing Fees of $4,549.60 claimed.
Was that money paid to the Clerk?
Mr. Harrell responded by email on 8/24/2017 @ 1:30 PM:
The Clerk's Office does not possess records supporting the plaintiff's having paid
$4,549.60 worth of filing fees, as referenced in the Final Judgment of Foreclosure in Case
No. 2013.CA.115.
I responded to Mr. Harrell by email on 8/26/2017 @ 8.58 AM:

Thank you for your prompt reply. Kindly provide records showing what the plaintiff
actually paid in filing fees in Case No. 2013.CA.115, and to whom the money was paid.
Mr. Harrell responded by email on 8/28/2017 @ 7:03 AM:
Docket #5 in Case No. 13.CA.115 is a 1-page Notice of Refund to McCalla Raymer,

dated 1/9/13, which reflects that plaintiff's counsel paid the Clerk's Office a total of
$1,077.50 for filing fees, summons issuance fees, and recording/indexing costs. Because
plaintiff's counsel paid $1.077.50 but only actually owed $1,065.50, our office sent them
a refund of $12.00. A certified copy of the aforementioned notice can be made available
to you for $3.00.
My email chain with Mr. Harrell, as forwarded to the FBI Tampa Division on December 21,
2017 to tampa.division@ic.fbi.gov, appears at Exhibit B.
A certified copy of the Notice of Refund to McCalla Raymer appears as Exhibit C and shows:

vs. Case Number: 13-00115-CA
NEIL J GILLESPIE
TO: MCCALLA RAYMER

225 EAST ROBINSON STREET STE 660
ORLANDO, FL 32801
Enclosed please find our check made payable to you in the amount of $12.00. Our-
records reflect we received payment of $1,077.50, of which $1,065.50 was applied in the
above-styled case. Therefore, the enclosed check is a refund of the balance.
If you should have any questions, please do not hesitate to contact our office.
Date: January 09, 2013

MAILING ADDRESS DAVID R. ELLSPERMANN
Marion County Clerk's Office Clerk of Circuit Court,
7
Circuit Civil Division Marion County, Florida
P.O. Box 1030 By: __/s/_________________
Ocala, Florida 34478-1030 Deputy Clerk
A receipt August 28, 2017 for $6.00 for certified public records appears at Exhibit D by the
office of David R. Ellspermann Clerk of the Circuit and County Courts, Marion County Florida.
The Clerk’s receipt appearing at Exhibit D shows the foreclosure case parties:
13CA000115AX DEVELOPMENT & CONSTRUCTION CORPORATION OF

AMERICA
13CA000115AX ELIZABETH BAUERLE
13CA000115AX JOETTA GILLESPIE
13CA000115AX MARK GILLESPIE
13CA000115AX NEIL J GILLESPIE
13CA000115AX REVERSE MORTGAGE SOLUTIONS INC
Tellingly there are NO “TRUST” PARTIES, and NO “UNKNOWN” PARTIES on the

receipt. Actual trust parties, and actual unknown parties, would have required appointment of
counsel which the Court refused to do, for the benefit of the Plaintiff and Plaintiff’s counsel,
with the assistance of Clerk David R. Ellspermann. Any “trust” or “unknown” parties alleged by
the Court in this case amounts to Fraud Upon The Court.
Fraud upon the court is an egregious offense against the integrity of the judicial system
and is more than a simple assertion of facts in a pleading which might later fail for lack
of proof. Wells Fargo Bank, N.A. v. Reeves, 92 So. 3d 249, 252 (Fla. 1st DCA 2012).
The integrity of the civil litigation process depends on truthful disclosure of facts. A
system that depends on an adversary's ability to uncover falsehoods is doomed to failure,
which is why this kind of conduct must be discouraged in the strongest possible way. . . .
This is an area where the trial court is and should be vested with discretion to fashion the
apt remedy.” Cox v. Burke, 706 So. 2d 43, 47 (Fla. 5th DCA 1998).
The AFFIDAVIT OF NEIL J. GILLESPIE Re Non-Jury Home Foreclosure Trial July 18, 2017
appears at Exhibit E, and states at paragraph 2:
2. On July 18, 2017 I was taken by ambulance to the hospital after becoming sick during
a non-jury trial on the foreclosure of my home. I was alone and without counsel to
represent me. Presiding Judge Ann Melinda Craggs continued the trial without me and
ruled for the bank.
The HUD MORTGAGEE LETTER 2013-38 appears at Exhibit F.
8
Attorney Justin R. Infurna, Esq., represents my brother Mark Gillespie in an appeal, see the
pleading at Exhibit G, filed Aug-11-2017 in 13-CA-115, "Defendant Mark Gillespie’s Verified
Motion To Vacate Final Judgment of Foreclosure and Cancel Sep-19-2017 Foreclosure Sale".
A foreclosure sale on my home was canceled by court order September 18, 2017 the Plaintiff’s
motion to cancel for a FEMA Moratorium due to Hurricane Irma, a declared natural disaster.
Today I notice the case was re-closed, so I filed,
USSC PETITION NO. 17-7053 DISTRIBUTED FOR CONFERENCE OF FEB-16-2018

Filing # 67822570 E-Filed 02/12/2018 12:23:58 PM

Filing # 67823484 E-Filed 02/12/2018 12:34:01 PM
to inform the record that the case is open, at the highest level, the United States Supreme Court.
Signature block omitted.
WHEREFORE, I respectfully move this court to GRANT MOTION 5, MOTION TO
STAY FINAL JUDGMENT OF RESIDENTIAL HOMESTEAD HECM REVERSE
MORTGAGE FORECLOSURE.
CONSTITUTIONAL CHALLENGE
Pursuant to Rule 5.1(a)(2) Constitutional Challenge, Federal Rules of Civil Procedure, I
hereby give notice of a CONSTITUTIONAL CHALLENGE TO THE HECM REVERSE
MORTGAGE PROGRAM, which, inter alia, violates due process under the Fifth and
Fourteenth Amendments, is void for vagueness, and violates § 10(b) of the 1934 S.E.C. Act.
RESPECTFULLY SUBMITTED
Neil J. Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
9
Filing # 64137053 E-Filed 11/14/2017 07:51:13 AM

TUESDAY, NOVEMBER 14, 2017
CASE NO.: SC17-1361

Lower Tribunal No(s).:
422013CA000115CAAXXX
NEIL J. GILLESPIE, ETC. vs. REVERSE MORTGAGE

SOLUTIONS, INC., ET AL.
Petitioner(s) Respondent(s)
The petition for writ of prohibition is hereby denied as successive. See

Jenkins v. Wainwright, 322 So. 2d 477, 478 (Fla. 1975) (declaring that once a
petitioner seeks relief in a particular court by means of a petition for extraordinary
writ, he has picked his forum and is not entitled to a second or third opportunity for
the same relief by the same writ in a different court). Any motions or other
requests for relief are also denied. No rehearing will be entertained by this Court.
PARIENTE, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.
A True Copy
Test:
two
Served:
CURTIS ALAN WILSON

NEIL J. GILLESPIE
HON. DAVID R. ELLSPERMANN, CLERK
1
https://edca.5dca.org/Docket.aspx?CaseID=64912
Fifth District Court of Appeal
Case File Pending Rejected My My Help &

Case Docket Logoff
List Document Filings Filings Notifications Profile Support
Case No: 5D Search
17-2273
NEIL J. GILLESPIE, INDIVIDUALLY , AND AS FORMER TRUSTEE (F.S CH. 736 PART III) OF THE
TERMINATED GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997
(TERMINATED TRUST)
vs
REVERSE MORTGAGE SOLUTIONS, INC.
Date Type Pleading Note
Supreme Court
08/25/2017 SC SC17-1570 CASE DISMISSED
Disposition
Review sent to Supreme
08/23/2017 SC
Court
08/22/2017 SC Notice of Appeal
Notice of Appeal to
08/22/2017 Notice
Supreme Court
08/21/2017 Brief/Record Returned Records NO RECORD
08/21/2017 Mandate Disp. w/o Mandate
Order Denying Original
08/02/2017 Order
Petition
08/02/2017 Disposition Denied ON MERITS
07/31/2017 Order ORD- Waive Petition
OF INDIGENCY; AMENDED; FILED

07/31/2017 Event Affidavit
HERE 7/30/17; PS NEIL J. GILLESPIE
OF INDIGENCY; FILED HERE 7/29/17;
07/31/2017 Event Affidavit
PS NEIL J. GILLESPIE
Acknowledgement Letter
07/19/2017 Letter 2nd AMENDED FOR JUDGE CHANGE
1
Acknowledgement Letter AMENDED LOWER COURT CASE
07/19/2017 Letter
1 NUMBER
Order to pay filing fee -
07/18/2017 Order
Writ (300)
Acknowledgement Letter
07/18/2017 Letter
1
: Invoice #: 2017 - 1012850
07/18/2017 Invoice Filing Fee $300
Amount: 300
TRANSFERRED FROM THE SUPREME
07/18/2017 Petition Petition Filed
COURT 7/18/17
2
No: - - - - - - - - - -
IN THE
SUPREME COURT OF THE UNITED STATES
vs.
PROOF OF SERVICE
I, Neil J. Gillespie, do swear or declare that on this date, February 12,2018, as required
by Supreme Court Rule 29 I have served the enclosed CONSOLIDATED MOTIONS on each
party to the above proceeding or that party's counsel, and on every other person required to be
served, by depositing an envelope containing the above documents in the United States mail
properly addressed to each of them and with first-class postage prepaid, or by delivery to a third
party commercial carrier for delivery within 3 calendar days.
The names and addresses of those served are as follows:
Represented by: Curtis Alan Wilson, Esq., Florida Bar No. 77669
225 E. Robinson St. Suite 115
Orlando, FL 32801
Phone: 407-674-1850
Fax: 321-248-0420
Email: MRService@mccallaraymer.com
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 12,2018.

Filing # 59259445 E-Filed 07/19/2017 08:05:57 PM
SUPREME COURT OF FLORIDA

FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
NEIL J. GILLESPIE,
INDIVIDUALLY AND AS
FORMER TRUSTEE OF
THE TERMINATED
GILLESPIE FAMILY LIVING
TRUST AGREEMENT,
Petitioners,
PETITION NO. _____________
L.T. NO.: 2013-CA-00115
v.
• REVERSE MORTGAGE
SOLUTIONS, INC., [RMS]
• OAK RUN HOMEOWNERS
ASSOCIATION, INC.; [ORHA]
• UNITED STATES OF AMERICA,
ON BEHALF OF THE SECRETARY
OF HOUSING AND URBAN
DEVELOPMENT; [HUD or SECRETARY]
• ELIZABETH BAUERLE;
• MARK GILLESPIE;
• DEVELOPMENT & CONSTRUCTION
CORPORATION OF AMERICA; [DECCA]
• UNKNOWN SPOUSE OF ELIZABETH
BAUERLE; [n.k.a. Scott Bidgood)
• UNKNOWN SPOUSE OF MARK
GILLESPIE; [n.k.a. Joetta Gillespie]
• UNKNOWN SETTLERS/BENEFICIARIES
OF THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,1997; [NONE]
• UNKNOWN TRUSTEES, SETTLERS AND
BENEFICIARIES OF UNKNOWN SETTLERS/
BENEFICIARIES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED
APPENDIX A
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
FEBRUARY 10, 1997; [NONE]

• UNKNOWN TENANT IN POSSESSION 1 [NONE] and
• UNKNOWN TENANT IN POSSESSION 2 [NONE]
Respondents.
____________________________/

1. Petitioner Neil J. Gillespie, individually, and as former Trustee (F.S. Ch. 736
Part III) of the terminated Gillespie Family Living Trust Agreement Dated
February 10, 1997 (“Terminated Trust”), 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, and a
vulnerable adult, henceforth in the first person, reluctantly appears pro se, and
petitions this Court for a Writ of Prohibition to remove Marion County Circuit
Court Judge Ann Melinda Craggs (“Judge Craggs”) as judge in Lower Tribunal
No. 2013-CA-00115, Marion County Circuit Court, Fifth Judicial Circuit, Florida.
Jurisdiction
2. This Court has jurisdiction under the Constitution of Florida, Article V,
Section 4, District courts of appeal (b) Jurisdiction (3) A district court of appeal
may issue writs of mandamus, certiorari, prohibition, quo warranto, and other
writs necessary to the complete exercise of its jurisdiction.
2
The Florida Rules of Appellate Procedure, Rule 9.030(b) Jurisdiction of
District Courts of Appeal, and (3) Original Jurisdiction,
(3) Original Jurisdiction. District courts of appeal may issue writs of

mandamus, prohibition, quo warranto, and common law certiorari, and all
writs necessary to the complete exercise of the courts’ jurisdiction; or any
judge thereof may issue writs of habeas corpus returnable before the court or
any judge thereof, or before any circuit judge within the territorial
jurisdiction of the court.
3. RULE 9.100. ORIGINAL PROCEEDINGS
(a) Applicability. This rule applies to those proceedings that invoke the
jurisdiction of the courts described in rules 9.030(a)(3), (b)(2), (b)(3), (c)(2),
and (c)(3) for the issuance of writs of mandamus, prohibition, quo warranto,
certiorari, and habeas corpus, and all writs necessary to the complete
exercise of the courts’ jurisdiction; and for review of non-final
administrative action.
(e) Petitions for Writs of Mandamus and Prohibition Directed to a

Judge or Lower Tribunal. When a petition for a writ of mandamus or
prohibition seeks a writ directed to a judge or lower tribunal, the following
procedures apply:
(1) Caption. The name of the judge or lower tribunal shall be omitted
from the caption. The caption shall bear the name of the petitioner and
other parties to the proceeding in the lower tribunal who are not
petitioners shall be named in the caption as respondents.
(2) Parties. The judge or the lower tribunal is a formal party to the
petition for mandamus or prohibition and must be named as such in
the body of the petition (but not in the caption). The petition must be
served on all parties, including any judge or lower tribunal who is a
formal party to the petition.
(3) Response. Following the issuance of an order pursuant to

subdivision (h), the responsibility for responding to a petition is that
of the litigant opposing the relief requested in the petition. Unless
3
otherwise specifically ordered, the judge or lower tribunal has no

obligation to file a response. The judge or lower tribunal retains the
discretion to file a separate response should the judge or lower
tribunal choose to do so. The absence of a separate response by the
judge or lower tribunal shall not be deemed to admit the allegations of
the petition.
(g) Petition. The caption shall contain the name of the court and the name
and designation of all parties on each side. The petition shall not exceed 50
pages in length and shall contain
(1) the basis for invoking the jurisdiction of the court;

(2) the facts on which the petitioner relies;
(3) the nature of the relief sought; and
(4) argument in support of the petition and appropriate citations of
authority.
If the petition seeks an order directed to a lower tribunal, the petition shall be
accompanied by an appendix as prescribed by rule 9.220, and the petition
shall contain references to the appropriate pages of the supporting appendix.
PARTIES - RULE 9.100(2)
4. Petitioners: Neil J. Gillespie, Individually, And As Former Trustee Of The

Terminated Gillespie Family Living Trust Agreement Dated February 10, 1997.
5. Respondents: Rule 2.516(c) Service; Numerous Defendants. In actions when the

parties are unusually numerous, the court may regulate the service contemplated by
these rules on motion or on its own initiative in such manner as may be found to be
just and reasonable. (The Court failed to do so; counsel failed to motion the Court).
• Marion County Circuit Court Judge Ann Melinda Craggs (Judge Craggs), Fifth
Judicial Circuit, Florida, presiding in L.T. No. 2013-CA-00115;
• Marion County Circuit Court Case No. 2013-CA-00115;
• David R. Ellspermann, Marion County Clerk of Court & Comptroller;
• REVERSE MORTGAGE SOLUTIONS, INC.; [RMS]
• OAK RUN HOMEOWNERS ASSOCIATION, INC.; [ORHA]
• UNITED STATES OF AMERICA, ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT; [HUD or SECRETARY]
4
• MARK GILLESPIE;
• DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA;
[DECCA]
• UNKNOWN SPOUSE OF ELIZABETH BAUERLE; [n.k.a. Scott Bidgood)
• UNKNOWN SPOUSE OF MARK GILLESPIE; [n.k.a. Joetta Gillespie]
• UNKNOWN SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED FEBRUARY 10,1997; [NONE]
• UNKNOWN TRUSTEES, SETTLERS AND BENEFICIARIES OF
UNKNOWN SETTLERS/ BENEFICIARIES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997; [NONE]
PETITION - RULE 9.100(g)
6. RULE 9.100(g)(1) the basis for invoking the jurisdiction of the court;
See ¶ 2; Fla. Const., Art. V, Sec. 4, (b)(3), Fla. R. App. Pro. 9.030(b)(3)
7. RULE 9.100(g)(2) the facts on which the petitioner relies;
• Judge Craggs wrongly denied two legally sufficient motions to disqualify

her as trial judge:
APPENDIX A, VERIFIED MOTION TO DISQUALIFY CIRCUIT

JUDGE ANN MELINDA CRAGGS, Filing # 49329068 E-Filed 11/28/2016
02:47:59 PM, provided under Rule 9.220, Fla. R. App. Pro.
APPENDIX B, SECOND VERIFIED MOTION TO DISQUALIFY

CIRCUIT JUDGE ANN MELINDA CRAGGS, Filing # 49423621 E-Filed
11/30/2016 10:09:13 AM, provided under Rule 9.220, Fla. R. App. Pro.
• Judge Craggs wrongly took issue with motions to disqualify her at the
Case Management held November 28, 2016; see,
APPENDIX E, JUDICIAL DISQUALIFICATION - MEMORANDUM OF LAW

Section IV Judicial determination of initial motion, see paragraphs 22-32.
5
22. The judge against whom an initial motion to disqualify us directed shall
determine only the legal sufficiency if the motion an shall not pass on the
truth of the facts alleged. Fla. R. Judicial Admin. 2.330(f).
23. No other reason for denial shall be stated, and an order of denial shall not
take issue with the motion. Fla. R. Judicial Admin. 2.330(f).
24. Accordingly, a judge may not rule on the truth of the facts alleged or
address the substantive issues raised by the motion but may only determine
the legal sufficiency of the motion. Knarich v. State, 866 So.2d 165 (Fla.
Dist. Ct. App. 2d Dist. 2004).
25. In determining whether the allegations that movant will not receive a fair
trial so as to disqualify a judge are sufficient, the facts alleged must be taken
as true (Frengel v. Frengel, 880 So.2d 763, Fla.App. 2 Dist.,2004), and must
be viewed from the movant's perspective. Siegel v. State, 861 So.2d 90,
Fla.App. 4 Dist., 2003.
26. Case law forbids trial judges to refute facts set forth in a motion to
disqualify, and their doing so will result in judicial disqualification
irrespective of the facial sufficiency of the underlying claim. Brinson v.
State, 789 So.2d 1125, Fla.App. 2 Dist., 2001.
27. A trial judge's attempt to refute charges of partiality thus exceeds the
scope of inquiry on a motion to disqualify and alone establishes grounds for
disqualification. J & J Industries, Inc. v. Carpet Showcase of Tampa Bay,
Inc., 723 So.2d 281, Fla.App. 2 Dist., 1998.
28. Whether the motion is legally sufficient is a pure question of law; it

follows that the proper standard of review is the de novo standard (Sume v.
State, 773 So.2d 600 Fla.App. 1 Dist., 2000) and an order denying a motion
to disqualify a trial judge is reviewed for abuse of discretion. King v. State,
840 So.2d 1047, Fla., 2003.
29. Once a motion for disqualification has been filed, no further action can
be taken by the trial court, even if the trial court is not aware of the pending
motion. Brown v. State 863 So.2d 1274, Fla.App. 1 Dist., 2004.
6
30. A judge presented with a motion to disqualify him-or-herself must rule

upon the sufficiency of the motion immediately and may not consider other
matters before considering the disqualification motion. Brown v. State 863
So.2d 1274, Fla.App. 1 Dist., 2004.
31. The court is required to rule immediately on the motion to disqualify the
judge, even though the movant does not request a hearing. Fuster-Escalona
v. Wisotsky, 781 So.2d 1063, Fla., 2000.
32. The rule places the burden on the judge to rule immediately, the movant is
not required to nudge the judge nor petition for a writ of mandamus. G.C. v.
Department of Children and Families, 804 So.2d 525 Fla.App. 5 Dist., 2002.
• Judge Craggs wrongly denied two legally sufficient motions to

disqualify, and contemporaneously wrongly entered the orders;
On November 28, 2016 at the start of the Case Management there were two
outstanding motions to disqualify Judge Craggs. Because existing law requires a
judge to immediately rule on a motion to disqualify before proceeding further, the
second motion to disqualify Judge Craggs would prevent her from ruling on the
first motion, thereby granting the motion to disqualify. The Judge is disqualified.
See, APPENDIX E, JUDICIAL DISQUALIFICATION - MEMORANDUM OF

LAW Section IV Judicial determination of initial motion, see paragraphs 22-32.
• Judge Craggs failed to obey AO A-2013-56, see,
INSTRUCTION TO THE CLERK ADMINISTRATIVE ORDER A-2013-56

Filing # 54155368 E-Filed 03/23/2017 11:55:23 PM
• Judge Craggs wrongly dismissed my court reporter, Cynthia Hanson,

PRP, whom I hired through US Legal Support;
7
Administrative Order A-2010-01-C states a court reporter must be approved
by the Administrative Office of the Court in order to make a record of a court
proceeding for which the court does not provide a record. But the Administrative
Office of the Court does not actually approve court reporters. There is no list of
court reporters approved by the Administrative Office of the Court. Therefore,
Chief Judge Briggs has essentially banned the use of court reporters order to make
a record of a court proceeding for which the court does not provide a record.
The Court Reporting process in the Fifth Judicial Circuit is designed to
prevent a party who wishes to make a record, from making a record, of a court
proceeding for which the court does not provide a record. Without an official
record, a corrupt trial judge is free to falsify what happened. Whenever any officer
of the court commits fraud during a proceeding in the court, he/she is engaged in
"fraud upon the court". “Fraud upon the court is fraud which is directed to the
judicial machinery itself...” Bulloch v. United States, 763 F.2d 1115, 1121 (10th
Cir. 1985). This issue is separate from disqualification and will appear separately.
NOTICE OF FRAUD UPON THE COURT - COURT REPORTING

IN THE FLORIDA FIFTH JUDICIAL CIRCUIT AO: A-2010-01-C
• Judge Craggs failed to timely rule on motions other than to disqualify;
APPENDIX C, DEFENDANTS’ MOTION TO CANCEL HEARING SET

FOR NOVEMBER 28, 2016, Filing # 49223578 E-Filed 11/22/2016
8
APPENDIX D, DEFENDANTS’ SECOND MOTION TO CANCEL

HEARING SET FOR NOVEMBER 28, 2016 ABATE THIS ACTION, Fla.
R. Civ. Pro. 1.100(c)(2); AND MOTION TO DISQUALIFY MCCALLA
RAYMER PIERCE LLC AND ALL ITS LAWYERS AS COUNSEL FOR
PLAINTIFF, Filing # 49296630 E-Filed 11/28/2016 08:16:25 AM, provided
under Rule 9.220, Fla. R. App. Pro.
• Judge Craggs committed fraud upon the court;
“Fraud upon the court is an egregious offense against the integrity of the
judicial system and is more than a simple assertion of facts in a pleading which
might later fail for lack of proof.” Wells Fargo Bank, N.A. v. Reeves, 92 So. 3d
249, 252 (Fla. 1st DCA 2012). “The integrity of the civil litigation process depends
on truthful disclosure of facts. A system that depends on an adversary's ability to
uncover falsehoods is doomed to failure, which is why this kind of conduct must
be discouraged in the strongest possible way. . . . This is an area where the trial
court is and should be vested with discretion to fashion the apt remedy.” Cox v.
Burke, 706 So. 2d 43, 47 (Fla. 5th DCA 1998).
• Judge Craggs usurped jurisdiction of the Backlog Foreclosure Program;
This is a foreclosure case, and governed by the Backlog Foreclosure Program, see
Administrative Order No. A-2016-22.
• Judge Craggs failed to provide disability accommodation, or a hearing,

PLAINTIFF Filing # 49296630 E-Filed 11/28/2016 08:16:25 AM
9
• Judge Craggs failed to disqualify Plaintiff’s Counsel or hear my motion

to disqualify Plaintiff’s Counsel, see,

PLAINTIFF Filing # 49296630 E-Filed 11/28/2016 08:16:25 AM
• Judge Craggs failed to lawfully win reelection in 2016, see,
APPENDIX F, NOTICE OF REFILING FEDERAL CIVIL RIGHTS

COMPLAINT DUE TO Official Misconduct By David R. Ellspermann
Marion County Clerk of Court and Comptroller
8. RULE 9.100(g)(3) the nature of the relief sought;
• Removal of Judge Craggs as trial judge in L.T. No. 2013-CA-00115.

• Separately and in addition to removal of Judge Craggs, Rule 2.330(h)
Disqualification of Trial Judges, provides,
(h) Prior Rulings. Prior factual or legal rulings by a disqualified judge may
be reconsidered and vacated or amended by a successor judge based upon a
motion for reconsideration, which must be filed within 20 days of the order
of disqualification, unless good cause is shown for a delay in moving for
reconsideration or other grounds for reconsideration exist.
9. RULE 9.100(g)(4) argument in support of the petition and appropriate

citations of authority.
Question presented: What is the standard for judicial disqualification?
The standard for judicial disqualification under Canon 3E(1)
“A judge shall disqualify himself or herself where his or her

impartiality might reasonably be questioned, including but not limited to...”.
Canon 3E(1)
10
10. It has long been said in the courts of this state that “every litigant is entitled
to nothing less than the cold neutrality of an impartial judge.” State ex rel. Davis v.
Parks, 194 So. 613, 615 (Fla. 1939). (Opening citation in the Opinion filed
December 17, 2014, Third District Court of Appeal, No. 3D14-2625, Lower
Tribunal No. 14-8506, Great American Insurance Company of New York,
Petitioner, vs. 2000 Island Boulevard Condominium Association, Inc., et al.,
Respondents. A Case of Original Jurisdiction – Prohibition.)
11. Florida Code of Judicial Conduct

Adopted September 29, 1994, effective Jan. 1, 1995 (643 So. 2d 1037).
As amended through October 1, 2016 (194 So. 3d 1015).
http://www.floridasupremecourt.org/decisions/ethics/Code_Judicial_Conduct.pdf
http://www.floridasupremecourt.org/decisions/ethics/index.shtml
http://www.floridasupremecourt.org/decisions/ethics/canon3.shtml
12. Fla. R. Jud. Admin. 2.330(b) “Parties. Any party, including the state, may
move to disqualify the trial judge assigned to the case on grounds provided by rule,
by statute, or by the Code of Judicial Conduct. (Emphasis added).
RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES.
(b) Parties. Any party, including the state, may move to disqualify the trial
judge assigned to the case on grounds provided by rule, by statute, or by the
Code of Judicial Conduct.
13. Under Canon 3E(1) of the Code of Judicial Conduct for the State of Florida,
“A judge shall disqualify himself or herself where his or her impartiality

might reasonably be questioned, including but not limited to...”. Canon 3E(1)
Commentary for Canon 3E(1)
11
Canon 3E(1). Under this rule, a judge is disqualified whenever the judge's
impartiality might reasonably be questioned, regardless of whether any of
the specific rules in Section 3E(1) apply.
14. Disqualification under Canon 3E(1) does not require actual bias or actual
prejudice, but “whenever the judge's impartiality might reasonably be questioned”.
15. Rule 2.330. Disqualification of Trial Judges. Fla. R. Jud. Admin. states in
relevant part,
RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES

(c) Motion. A motion to disqualify shall:
(1) be in writing;
(2) allege specifically the facts and reasons upon which the movant
relies as the grounds for disqualification;
(3) be sworn to by the party by signing the motion under oath or by
a separate affidavit; and
(d) Grounds. A motion to disqualify shall show:

(1) that the party fears that he or she will not receive a fair trial or
hearing because of specifically described prejudice or bias of the judge; or
(e) Time. A motion to disqualify shall be filed within a reasonable time

not to exceed 10 days after discovery of the facts constituting the grounds
for the motion and shall be promptly presented to the court for an immediate
ruling...
(f) Determination — Initial Motion. The judge against whom an initial

motion to disqualify under subdivision (d)(1) is directed shall determine
only the legal sufficiency of the motion and shall not pass on the truth of the
facts alleged. If the motion is legally sufficient, the judge shall immediately
enter an order granting disqualification and proceed no further in the action.
If any motion is legally insufficient, an order denying the motion shall
immediately be entered. No other reason for denial shall be stated, and an
order of denial shall not take issue with the motion.
12
Conclusion
Wherefore, the petition for writ of prohibition should be granted, together with
such other and further relief as the Court deems just and equitable.
I certifying that this petition complies with the font requirements of Rule 9.100(l).
RESPECTFULLY SUBMITTED April 7, 2017.

July 19, 2017 nunc pro tunc to April 7, 2017
Neil J. Gillespie, individually, and former Trustee,

F.S. Ch. 736 Part III, of the Terminated Trust
8092 SW 115th Loop
Phone: 352-854-7807
See attached letter July 19, 2017 to Kristina Samuels, Career Staff Attorney
to the Clerk's Office, Supreme Court of Florida, Cc. Hon. John Tomasino,
Supreme Court of Florida.
NOTICE OF SERVICE:
I HEREBY CERTIFY the following names were served today July 19, 2017
on the Florida Portal by email.
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
Curtis Wilson, Esq.

225 E. Robinson Street, Suite 155
Orlando, FL 32801
Phone: (407) 674-1850; Fax: (321) 248-0420
Email: MRService@mccalla.com 13
Fla. Bar No.: 77669
STATE OF FLORIDA
NEIL J. GILLESPIE,
INDIVIDUALLY AND AS
FORMER TRUSTEE OF
THE TERMINATED
TRUST AGREEMENT,
Petitioners, PETITION NO. _____________

L.T. NO.: 2013-CA-00115
v.
REVERSE MORTGAGE
SOLUTIONS, INC., ET AL,
___________________________________/
INDEX TO APPENDICIES

APPENDIX A VERIFIED MOTION TO DISQUALIFY CIRCUIT JUDGE

ANN MELINDA CRAGGS
APPENDIX B SECOND VERIFIED MOTION TO DISQUALIFY CIRCUIT

JUDGE ANN MELINDA CRAGGS.
APPENDIX C DEFENDANTS’ MOTION TO CANCEL HEARING SET

FOR NOVEMBER 28, 2016
APPENDIX D DEFENDANTS’ SECOND MOTION TO CANCEL

HEARING SET FOR NOVEMBER 28, 2016
APPENDIX E JUDICIAL DISQUALIFICATION - MEMORANDUM LAW
APPENDIX F NOTICE OF REFILING FEDERAL CIVIL RIGHTS

COMPLAINT DUE TO Official Misconduct By David R.
Ellspermann Marion County Clerk of Court and Comptroller
APPENDIX G INSTRUCTION TO THE CLERK ADMINISTRATIVE
ORDER A-2013-56, ESTABLISHING FORECLOSURE
CASE STATUS REPORTING REQUIREMENTS,
Filing # 54155368 E-Filed 03/23/2017 11:55:23 PM
VIA EMAIL and U.S. First Class Mail July 19, 2017
Ms. Kristina Samuels Cc. Hon. John Tomasino

Career Staff Attorney to the Clerk’s Office Clerk
Supreme Court of Florida Supreme Court of Florida
500 South Duval Street 500 South Duval Street
Tallahassee, Florida 32399 Tallahassee, Florida 32399
RE: “Petition for Writ of Prohibition - A Case of Original Jurisdiction, To Remove

Marion County Circuit Court Judge Ann Melinda Craggs” - April 7, 2017
Dear Ms. Samuels,
Thank you for your email reply. The Portal’s “Notice of Service of Court Documents” on April
7, 2017 for “Petition for Writ of Prohibition - A Case of Original Jurisdiction, To Remove
Marion County Circuit Court Judge Ann Melinda Craggs” is attached, showing E-service
recipients selected for service, including the Plaintiff’s counsel, and red arrows next to the
following names served:
Gregory Carter Harrell - gharrell@marioncountyclerk.org

Honorable Don F. Briggs - dbriggs@circuit5.org
Tad David, General Counsel OSCA - davidt@flcourts.org
Honorable Don F. Briggs - dbriggs@circuit5.org
Honorable David R. Ellspermann - Ellspermann@marioncountyclerk.org
Gregory C. Harrell, General Counsel - GHarrell@marioncountyclerk.org
The Honorable Ann Melinda Craggs - amcraggs@circuit5.org
Hon. Jay P. Cohen, Chief Judge 5thDCA - woodardj@flcourts.org
Joanne P. Simmons, Clerk 5thDCA - simmonsj@flcourts.org
In the past when I served Clerk Ellspermann a pleading for the 5th DCA, the Clerk’s office
would prepare the filing to send to the 5th DCA, certify the pleading, etc. For some reason the
Clerk failed to do so this time. Even so, Joanne P. Simmons, Clerk 5thDCA, and Hon. Jay P.
Cohen, Chief Judge 5thDCA were each served on the portal, so they had notice that I intended to
serve “Petition for Writ of Prohibition - A Case of Original Jurisdiction, To Remove Marion
County Circuit Court Judge Ann Melinda Craggs” on April 7, 2017.
Unfortunately the 5th DCA has not reviewed “Petition for Writ of Prohibition - A Case of
Original Jurisdiction, To Remove Marion County Circuit Court Judge Ann Melinda Craggs”.
Shall I submit the petition to the Florida Supreme Court for review, and do so nunc pro tunc to
April 4, 2017? Today I provided you and Mr. Tomasino Cc. my email to Clerk Simmons,
showing a defective link on the eDCA, the 5th DCA’s obscure and difficult e-filing system.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop Tel. 352-854-7807
Ocala, Florida 34481 Email: neilgillespie@mfi.net
Page 1 of 9
Neil Gillespie
From: <eservice@myflcourtaccess.com>
Sent: Friday, April 07, 2017 9:39 AM
Attach: Petition - Pages 1 to 355.pdf
Subject: SERVICE OF COURT DOCUMENT - CASE NUMBER 422013CA000115CAAXXX
Notice of Service of Court Documents
Filing Information
Filing #: 54774550
Filing Time: 04/07/2017 09:38:57 AM ET
Filer: Neil J. Gillespie 352-854-7807
Court: Fifth Judicial Circuit in and for Marion County, Florida
Case #: 422013CA000115CAAXXX
Court Case #: 13CA000115AX
Case Style: REVERSE MORTGAGE SOLUTIONS INC VS BAUERLE, ELIZABETH
Documents
Title File
Petition for Writ of Prohibition - A Case of Original

Petition Jurisdiction, To Remove Marion County Circuit Court
Judge Ann Melinda Craggs.pdf
E-service recipients selected for service:
Name Email Address
Curtis Wilson MRService@mrpllc.com
Colleen Davis USAFLM.HUD@usdoj.gov
Jaxsfforeclosures@hud.gov
Colleen Murphy Davis lydia.a.brush@gmail.com
lydia.a.brush@gmail.com
4/7/2017
Page 2 of 9
Gregory Carter Harrell gharrell@marioncountyclerk.org
Neil J. Gillespie neilgillespie@mfi.net
Honorable Don F. Briggs dbriggs@circuit5.org
Tad David, General davidt@flcourts.org

Counsel OSCA
Honorable John F Harkness jharkness@flabar.org
Honorable Michael L. mschneider@floridajqc.com

Schneider
Honorable Don F. Briggs dbriggs@circuit5.org
Honorable David R. Ellspermann@marioncountyclerk.org

Ellspermann
Gregory C. Harrell, GHarrell@marioncountyclerk.org

General Counsel
Colleen Murphy Davis, USAFLM.State.Foreclosures@usdoj.g

AUSA ov
DECCA, c/o Carol Olson colson@deccahomes.com
Mark Gillespie mark.gillespie@att.net
4/7/2017
Page 3 of 9
Public Information Office publicinformation@flcourts.org
Florida Governor Rick Scott Rick.Scott@eog.myflorida.com
Florida CFO Jeff Atwater Jeff.Atwater@myfloridacfo.com
Attorney General Pam pam.bondi@myfloridalegal.com

Bondi
Commissioner Adam Adam.Putnam@freshfromflorida.com

Putnam
Adria E Quintela aquintel@flabar.org
John Thomas Berry jberry@flabar.org
Colleen Murphy Davis, USAFLM.State.Foreclosures@usdoj.g

AUSA ov
Michalene.YRowells@hud.gov
USAFLM.HUD.Disclaimers@usdoj.gov
Neil J. Gillespie and Mark neilgillespie@mfi.net

Gillespie as Co-Trustee
mark.gillespie@att.net
Unknown spouse of Mark mark.gillespie@att.net
4/7/2017
Page 4 of 9
Gillespie n/k/a Joetta Gill
Unknown neilgillespie@mfi.net
Settlors/Beneficiaries of
The Gillespie Fa
Elizabeth Bauerle n/k/a neilgillespie@mfi.net

Elizabeth Bidgood
Oak Run Homeowners orhaboard@yahoo.com

Association Board of
Directors
Curtis Wilson MRService@mccallaraymer.com
Michalene Y Rowells Michalene.Y.Rowells@hud.gov
Michalene.YRowells@hud.gov
FBI Tampa tampa.division@ic.fbi.gov
FBI Jacksonville jacksonville@ic.fbi.gov
Unknown spouse of neilgillespie@mfi.net

Elizabeth Bauerle
OIGHotline Federal OIGHotline@frb.gov

Reserve BOG
Hon Richard Cordray, Richard.Cordray@cfpb.gov

Director CFPB
Stefanie Isser Goldblatt, Stefanie.Goldblatt@cfpb.gov

CFPB Enforcement Divisio
4/7/2017
Page 5 of 9
Curtis Wilson, McCalla MRService@mrpllc.com

Raymer Pierce, LLC
The Honorable Ann amcraggs@circuit5.org

Melinda Craggs
Debbie Brown, Secretary brown.debbie@flsenate.gov

of the Senate
Office of the Clerk, Florida officeoftheClerk@myfloridahouse.go

House v
Honorable Ken Detzner, Ken.Detzner@dos.myflorida.com

Secretary of State
Hon Joseph Negron, jnegron@gunster.com

Senate President
Hon. Alexander J. awilliams@floridajqc.com

Williams, JQC Asst GC
The Honorable Richard richard@richardcorcoran.com

Corcoran, Speaker
U.S. DOJ Civil Rights voting.section@usdoj.gov

Division, Voting Section
W. Stephen Muldrow w.stephen.muldrow@usdoj.gov

USAFLM
Jane Norberg, Chief SEC NorbergJ@sec.gov

OWB
Thomas J. Marshall, US thomas.j.marshall@usps.gov

Postal Service
4/7/2017
Page 6 of 9
Maria Matthews, Director maria.matthews@dos.myflorida.com

Div Elections
W. Jordan Jones, Asst. Jordan.Jones@dos.myflorida.com

General Counsel DOS
Rick Swearingen, RickSwearingen@fdle.state.fl.us

Commissioner FDLE
Jason Jones, General JasonJones@fdle.state.fl.us

Counsel
Wesley Wilcox, Supervisor WWilcox@VoteMarion.com

of Elections
R. Gregg Jerald, General gjerald@marionso.com

Counsel MCSO
Notice Fla AG oag.civil.eserve@myfloridalegal.com

constitutional challenge
Matthew Minter, Marion Matthew.Minter@marioncountyfl.org

County Attorney
Kathy Bryant, Marion Co. Kathy.bryant@marioncountyfl.org

BOCC
Jeffrey S. Bragg, braggj@elderaffairs.org

Secretary, DOEA
Richard Prudom, Deputy Prudomrm@elderaffairs.org

Sec/Chief Staff
Sarah K Halsell, DOEA Halsellsk@elderaffairs.org
4/7/2017
Page 7 of 9
Madeleine Nobles, Director noblesm@elderaffairs.org
William Nicholson Spicola william.spicola@eog.myflorida.com
William Schifino, Florida wschifino@burr.com

Bar President
Michael Higer, Florida Bar mhiger@bergersingerman.com

President-Elect
Patrick L. "Booter" Imhof, PImhof@floridabar.org

General Counsel TFB
Shanell M. Schuyler ACAP SSchuyler@floridabar.org

Director
Hon. Jay P. Cohen, Chief woodardj@flcourts.org

Judge 5thDCA
Joanne P. Simmons, Clerk simmonsj@flcourts.org

5thDCA
Charles R. Crawford, crawfordc@flcourts.org

Marshal 5thDCA
Richard Courtemanche, RCourtemanche@floridabar.org

Asst. General Counsel TFB
Francesca Ciaccio- FCiaccio-Freeman@floridabar.org

Freeman, TFB ADA
Disability Coor
E-service recipients deselected for service:
Name Email Address
4/7/2017
Page 8 of 9
Danielle N Parsons mrservice@mccallaraymer.com
KMC1@mccallaraymer.com
Patricia Ann Toro Savitz psavitz@flabar.org
Frank Harlan Killgore Jr. FHKILLGORE@KPSOS.COM
Jon Marshall Oden joden@balljanik.com
Barry R. Davidson bdavidson@hunton.com
Robyn Katz rrk@mccallaraymer.com
Jane Bond jane.bond@mccallaraymer.com
Hon. Hale Ralph Stancil hstancil@circuit5.org
Tameka Gordon tgordon@circuit5.org
Robert J. Stovash rstovash@sctlaw.com
US DOJ Disability Rights ADA.complaint@usdoj.gov

Section
Arthur Lee Bentley III, Lee.Bentley@usdoj.gov
4/7/2017
Page 9 of 9
USAFLM
Honorable John Anthony tomasino@flcourts.org

Tomasino
Danielle Parsons MRService@mccallaraymer.com
danielle.parsons@mccallaraymer.co
m
ORHA President David Stott dave.stott@deccacable.com
Tiffany Caparas tiffanycaparas@outlook.com
Danielle N. Parsons MRService@mccallaraymer.com
KEL hearings@kelattorneys.com
Trey Smith MRService@mrpllc.com
This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not
receive email.
Thank you,
The Florida Courts E-Filing Portal
4/7/2017
Page 1 of 2
Neil Gillespie
From: "Neil Gillespie" <neilgillespie@mfi.net>

To: "Kristina Samuels" <samuelsk@flcourts.org>
Cc: "John A. Tomasino" <tomasino@flcourts.org>; "Neil Gillespie" <neilgillespie@mfi.net>
Sent: Wednesday, July 19, 2017 6:12 AM
Attach: Letter to Career Staff Attorney Kristina Samuels; Cc Clerk John Tomasino.pdf
Subject: Re: Thanks for your message, but I don't understand.
Thank you Ms. Samuels, please see attached. Neil J. Gillespie
----- Original Message -----

From: Kristina Samuels
To: Neil Gillespie
Cc: John A. Tomasino
Sent: Tuesday, July 18, 2017 9:00 AM
Subject: RE: Thanks for your message, but I don't understand.
Mr. Gillespie,

Service via the Portal is sufficient for a writ petition filed in this Court.

Thanks,
Kristina

From: Neil Gillespie [mailto:neilgillespie@mfi.net]
Sent: Monday, July 17, 2017 10:57 PM
To: Kristina Samuels <samuelsk@flcourts.org>
Cc: John A. Tomasino <tomasino@flcourts.org>
Subject: Re: Thanks for your message, but I don't understand.
Importance: High
Ms. Samuels,
What do you mean by "service on the respondent(s) identified in your writ petition."
Are you saying service on the portal is not enough? Judge Craggs was served on the portal. That is
supposed to be good service to any lawyer with an email address on their Florida Bar profile, which is
where I got Judge Craggs’ email address. Judge Craggs was served on the portal.
Must I hire a process server? Or some other type of service?
I still plan to file with the Supreme Court in this matter. I have been too sick to do much lately. But
since I own my home, and don't owe any money on it, perhaps bankruptcy is the answer at this point.
7/19/2017
Page 2 of 2
This email has been checked for viruses by AVG antivirus software.
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www.avg.com
7/19/2017
Filing # 54774550 E-Filed 04/07/2017 09:38:57 AM

STATE OF FLORIDA
RECEIVED, 7/21/2017 11:50 AM, Joanne P. Simmons, Fifth District Court of Appeal
NEIL J. GILLESPIE,
I)JDIVIDUALLY AND AS
FORMER TRUSTEE OF
THE TERMINATED
TRUST AGREEMENT,
Petitioners,
PETITION NO. _
L.T. NO.: 2013-CA-00115
v.
• REVERSE MORTGAGE
SOLUTIONS, INC., [RMS]
• OAK RUN HOMEOW1'-rERS
ASSOCIATION, INC.; [ORHA]
• UNITED STATES OF AlV[ERICA,
ON BEHALF OF THE SECRETARY
OF HOUSING AND URBAN
DEVELOPMENT; [HUD or SECRETARY]
• MARK GILLESPIE;
• DEVELOPMENT & CONSTRUCTION
CORPORATION OF AlVrERICA; [DECCA]
• UNKNOWN SPOUSE OF ELIZABETH
BAUERLE; [n.k.a. Scott Bidgood)
• UNKNOWN SPOUSE OF MARK
GILLESPIE; [n.k.a. Joetta Gillespie]
• UNKNOWN SETTLERS/BENEFICIARIES
OF THE GILLESPIE FAMILY LIVING TRUST
APPENDIX B
AGREEMENT DATED FEBRUARY 10,1997; [NONE]
• UNKNOW1-...r TRUSTEES, SETTLERS AND
BENEFICIARIES OF UNKNOWN SETTLERS/
BENEFICIARIES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED
Electronically Filed Marion Case # 13CA000115AX 04/07/2017 09:38:57 AM

FEBRUARY 10, 1997; [NONE]

Respondents.
1. Petitioner Neil 1. Gillespie, individually, and as former Trustee (F.S. Ch. 736
Part III) of the terminated Gillespie Family Living Trust Agreement Dated
February 10, 1997 ("Terminated Trust"), an indigent non-lawyer, unable to obtain
vulnerable adult, henceforth in the first person, reluctantly appears pro se, and
petitions this Court for a Writ of Prohibition to remove Marion County Circuit
Court Judge Ann Melinda Craggs ("Judge Craggs") as judge in Lower Tribunal
No. 2013-CA-OOl15, Marion County Circuit Court, Fifth Judicial Circuit, Florida.
Jurisdiction
2. This Court has jurisdiction under the Constitution of Florida, Article V,
Section 4, District courts of appeal (b) Jurisdiction (3) A district court ofappeal
may issue writs ofmandamus, certiorari, prohibition, quo warranto, and other
writs necessary to the complete exercise ofits jurisdiction.
2
The Florida Rules of Appellate Procedure, Rule 9.030(b) Jurisdiction of
District Courts of Appeal, and (3) Original Jurisdiction,
(3) Original Jurisdiction. District courts of appeal may issue writs of

mandamus, prohibition, quo warranto, and common law certiorari, and all
writs necessary to the complete exercise of the courts' jurisdiction; or any
judge thereof may issue writs of habeas corpus returnable before the court or
any judge thereof, or before any circuit judge within the territorial
jurisdiction of the court.
3. RULE 9.100. ORIGINAL PROCEEDINGS
(a) Applicability. This rule applies to those proceedings that invoke the
jurisdiction of the courts described in rules 9.030(a)(3), (b)(2), (b)(3), (c)(2),
and (c)(3) for the issuance of writs of mandamus, prohibition, quo warranto,
certiorari, and habeas corpus, and all writs necessary to the complete
exercise of the courts' jurisdiction; and for review of non-final
administrative action.
(e) Petitions for Writs of Mandamus and Prohibition Directed to a

Judge or Lower Tribunal. When a petition for a writ of mandamus or
prohibition seeks a writ directed to a judge or lower tribunal, the following
procedures apply:
(1) Caption. The name of the judge or lower tribunal shall be omitted
from the caption. The caption shall bear the name of the petitioner and
other parties to the proceeding in the lower tribunal who are not
petitioners shall be named in the caption as respondents.
(2) Parties. The judge or the lower tribunal is a formal party to the
petition for mandamus or prohibition and must be named as such in
the body of the petition (but not in the caption). The petition must be
served on all parties, including any judge or lower tribunal who is a
formal party to the petition.
(3) Response. Following the issuance of an order pursuant to

subdivision (h), the responsibility for responding to a petition is that
of the litigant opposing the relief requested in the petition. Unless

otherwise specifically ordered, the judge or lower tribunal has no

obligation to file a response. The judge or lower tribunal retains the
discretion to file a separate response should the judge or lower
tribunal choose to do so. The absence of a separate response by the
judge or lower tribunal shall not be deemed to admit the allegations of
the petition.
(g) Petition. The caption shall contain the name of the court and the name
and designation of all parties on each side. The petition shall not exceed 50
pages in length and shall contain
( I) the basis for invoking the jurisdiction of the court;

(2) the facts on which the petitioner relies;
(3) the nature of the relief sought; and
(4) argument in support of the petition and appropriate citations of
authority.
If the petition seeks an order directed to a lower tribunal, the petition shall be
accompanied by an appendix as prescribed by rule 9.220, and the petition
shall contain references to the appropriate pages of the supporting appendix.
PARTIES - RULE 9.100(2)
4. Petitioners: Neil 1. Gillespie, Individually, And As Former Trustee Of The

Terminated Gillespie Family Living Trust Agreement Dated February 10, 1997.
5. Respondents: Rule 2.516(c) Service; Numerous Defendants. In actions when the

parties are unusually numerous, the court may regulate the service contemplated by
these rules on motion or on its own initiative in such manner as may be found to be
just and reasonable. (The Court failed to do so; counsel failed to motion the Court).
• Marion County Circuit Court Judge Ann Melinda Craggs (Judge Craggs), Fifth
Judicial Circuit, Florida, presiding in L.T. No. 20l3-CA-00115;
• Marion County Circuit Court Case No. 2013-CA-OOl15;
• David R. Ellspermann, Marion County Clerk of Court & Comptroller;
• REVERSE MORTGAGE SOLUTIONS, INC.; [RMS]
• OAK RUN HOMEOWNERS ASSOCIATION, INC.; [ORHA]
• UNITED STATES OF AMERICA, ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPIVIENT; [HUD or SECRETARY]
4
• MARK GILLESPIE;
• DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA;
[DECCA]
• UNKNOWN SPOUSE OF ELIZABETH BAUERLE; [n.k.a. Scott Bidgood)
• UNKNOWN SPOUSE OF MARK GILLESPIE; [n.k.a. Joetta Gillespie]
• UNKNOWN SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMIL Y
LIVING TRUST AGREEMENT DATED FEBRUARY 10,1997; [NONE]
• UNKNOWN TRUSTEES, SETTLERS AND BENEFICIARIES OF
UNKNOWN SETTLERS/ BENEFICIARIES OF THE GILLESPIE FANIILY
LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997; [NONE]
PETITION - RULE 9.1 OO(g)
6. RULE 9.1 OO(g)( 1) the basis for invoking the jurisdiction of the court;
See' 2; Fla. Const., Art. V, Sec. 4, (b )(3), Fla. R. App. Pro. 9.030(b )(3)
7. RULE 9.1 00(g)(2) the facts on which the petitioner relies;
• Judge Craggs wrongly denied two legally sufficient motions to disqualify

her as trial judge:
APPENDIX A, VERIFIED MOTION TO DISQUALIFY CIRCUIT

JUDGE ANN MELINDA CRAGGS, Filing # 49329068 E-Filed 11/28/2016
APPENDIX B, SECOND VERIFIED MOTION TO DISQUALIFY

CIRCUIT JUDGE ANN MELINDA CRAGGS, Filing # 49423621 E-Filed
11130/2016 10:09: 13 AM, provided under Rule 9.220, Fla. R. App. Pro.
• Judge Craggs wrongly took issue with motions to disqualify her at the
Case Management held November 28, 2016; see,
APPENDIX E, JUDICIAL DISQUALIFICATION - MEMORANDUM OF LAW

Section IV Judicial determination of initial motion, see paragraphs 22-32.

22. The judge against whom an initial motion to disqualify us directed shall
determine only the legal sufficiency if the motion an shall not pass on the
truth of the facts alleged. Fla. R. Judicial Admin. 2.330(f).
23. No other reason for denial shall be stated, and an order of denial shall not
take issue with the motion. Fla. R. Judicial Admin. 2.330(f).
24. Accordingly, a judge may not rule on the truth of the facts alleged or
address the substantive issues raised by the motion but may only determine
the legal sufficiency of the motion. Knarich v. State, 866 So.2d 165 (Fla.
Dist. Ct. App. 2d Dist. 2004).
25. In determining whether the allegations that movant will not receive a fair
trial so as to disqualify a judge are sufficient, the facts alleged must be taken
as true (Frengel v. Frengel, 880 So.2d 763, Fla.App. 2 Dist.,2004), and must
be viewed from the movant's perspective. Siegel v. State, 861 So.2d 90,
Fla.App. 4 Dist., 2003.
26. Case law forbids trial judges to refute facts set forth in a motion to
disqualify, and their doing so will result injudicial disqualification
irrespective of the facial sufficiency of the underlying claim. Brinson v.
State, 789 So.2d 1125, Fla.App. 2 Dis!., 200 I.
27. A trial judge's attempt to refute charges of partiality thus exceeds the
scope of inquiry on a motion to disqualify and alone establishes grounds for
disqualification. J & J Industries, Inc. v. Carpet Showcase of Tampa Bay,
Inc., 723 SO.2d 281, Fla.App. 2 Dist., 1998.
28. Whether the motion is legally sufficient is a pure question of law; it

follows that the proper standard of review is the de novo standard (Sume v.
State, 773 So.2d 600 Fla.App. 1 Dist., 2000) and an order denying a motion
to disqualify a trial judge is reviewed for abuse of discretion. King v. State,
840 So.2d 1047, Fla., 2003.
29. Once a motion for disqualification has been filed, no further action can
be taken by the trial court, even if the trial court is not aware of the pending
motion. Brown v. State 863 So.2d 1274, Fla.App. I Dist., 2004.
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7,2017

30. A judge presented with a motion to disqualify him-or-herself must rule

upon the sufficiency of the motion immediately and may not consider other
matters before considering the disqualification motion. Brown v. State 863
SO.2d 1274, Fla.App. 1 Dist.,2004.
31. The court is required to rule immediately on the motion to disqualify the
judge, even though the movant does not request a hearing. Fuster-Escalona
v. Wisotsky, 781 SO.2d 1063, Fla., 2000.
32. The rule places the burden on the judge to rule immediately, the movant is
not required to nudge the judge nor petition for a writ of mandamus. G.c. v.
Department of Children and Families, 804 So.2d 525 Fla.App. 5 Dist., 2002.
• Judge Craggs wrongly denied two legally sufficient motions to

disqualify, and contemporaneously wrongly entered the orders;
On November 28,2016 at the start of the Case Management there were two
outstanding motions to disqualify Judge Craggs. Because existing law requires a
judge to immediately rule on a motion to disqualify before proceeding further, the
second motion to disqualify Judge Craggs would prevent her from ruling on the
first motion, thereby granting the motion to disqualify. The Judge is disqualified.
See, APPENDIX E, JUDICIAL DISQUALIFICATION - MEMORANDUM OF

LAW Section IV Judicial determination of initial motion, see paragraphs 22-32.
• Judge Craggs failed to obey AO A-20D-56, see,
INSTRUCTION TO THE CLERK ADMINISTRATIVE ORDER A-20l3-56

Filing # 54155368 E-Filed 03/23/2017 11 :55:23 PM
• Judge Craggs wrongly dismissed my court reporter, Cynthia Hanson,

PRP, whom I hired through US Legal Support;

Administrative Order A-20 10-0 l-C states a court reporter must be approved
by the Administrative Office of the Court in order to make a record of a court
proceeding for which the court does not provide a record. But the Administrative
Office of the Court does not actually approve court reporters. There is no list of
court reporters approved by the Administrative Office of the Court. Therefore,
Chief Judge Briggs has essentially banned the use of court reporters order to make
a record of a court proceeding for which the court does not provide a record.
The Court Reporting process in the Fifth Judicial Circuit is designed to
prevent a party who wishes to make a record, from making a record, of a court
proceeding for which the court does not provide a record. Without an official
record, a corrupt trial judge is free to falsify what happened. Whenever any officer
of the court commits fraud during a proceeding in the court, he/she is engaged in
"fraud upon the court". "Fraud upon the court is fraud which is directed to the
judicial machinery itself..." Bulloch v. United States, 763 F.2d 1115, 1121 (10th
Cir. 1985). This issue is separate from disqualification and will appear separately.
NOTICE OF FRAUD UPON THE COURT - COURT REPORTING

IN THE FLORIDA FIFTH JUDICIAL CIRCUIT AO: A-2010-01-C
• Judge Craggs failed to timely rule on motions other than to disqualify;
APPENDIX C, DEFENDANTS' MOTION TO CANCEL HEARING SET

FOR NOVEMBER 28,2016, Filing # 49223578 E-Filed 11/22/2016
03 :48:52 PM, provided under Rule 9.220, Fla. R. App. Pro.
Petition for Writ of Prohibition .. A Case of Original Jurisdiction April 7, 2017

APPENDIX D, DEFENDANTS' SECOND MOTION TO CANCEL

HEARING SET FOR NOVEMBER 28,2016 ABATE THIS ACTION, Fla.
PLAINTIFF, Filing # 49296630 E-Filed 11/28/201608: 16:25 AM, provided
under Rule 9.220, Fla. R. App. Pro.
• Judge Craggs committedfi-aud upon the court;
"Fraud upon the court is an egregious offense against the integrity of the
judicial system and is more than a simple assertion of facts in a pleading which
might later fail for lack of proof." Wells Fargo Bank, N.A. v. Reeves, 92 So. 3d
249,252 (Fla. 1st DCA 2012). "The integrity of the civil litigation process depends
on truthful disclosure of facts. A system that depends on an adversary's ability to
uncover falsehoods is doomed to failure, which is why this kind of conduct must
be discouraged in the strongest possible way.... This is an area where the trial
court is and should be vested with discretion to fashion the apt remedy." Cox v.
Burke, 706 So. 2d 43, 47 (Fla. 5th DCA 1998).
• Judge Craggs usurped jurisdiction of the Backlog Foreclosure Program;
This is a foreclosure case, and governed by the Backlog Foreclosure Program, see
Administrative Order No. A-2016-22.
• Judge Craggs failed to provide disability accommodation, or a hearing,

RA YiVIER PIERCE LLC AND ALL ITS LA WYERS AS COUNSEL FOR
PLAINTIFF Filing # 49296630 E-Filed 11/28/201608: 16:25 AM

• Judge Craggs failed to disqualify Plaintiffs Counselor hear my motion

to disqualify Plaintiff s Counsel, see,

R. Civ. Pro. l.l00(c)(2); AND MOTION TO DISQUALIFY MCCALLA
PLAINTIFF Filing # 49296630 E-Filed 11/28/201608: 16:25 AM
• Judge Craggs failed to lawfully win reelection in 2016, see,
APPENDIX F, NOTICE OF REFILING FEDERAL CIVIL RIGHTS

COMPLAINT DUE TO Official Misconduct By David R. Ellspermann
Marion County Clerk of Court and Comptroller
8. RULE 9.l00(g)(3) the nature of the relief sought;
• Removal of Judge Craggs as trial judge in L.T. No. 20 13-CA-00 115.

• Separately and in addition to removal of Judge Craggs, Rule 2.330(h)
Disqualification of Trial Judges, provides,
(h) Prior Rulings. Prior factual or legal rulings by a disqualified judge may
be reconsidered and vacated or amended by a successor judge based upon a
motion for reconsideration, which must be filed within 20 days of the order
of disqualification, unless good cause is shown for a delay in moving for
reconsideration or other grounds for reconsideration exist.
9. RULE 9.100(g)(4) argument in support of the petition and appropriate

citations of authority.
Question presented: What is the standard for judicial disqualification?
The standard for judicial disqualification under Canon 3E(1)
"A judge shall disqualify himself or herself where his or her

impartiality might reasonably be questioned, including but not limited to ...".
Canon 3E(l)
10
10. It has long been said in the courts of this state that "every litigant is entitled
to nothing less than the cold neutrality of an impartial judge." State ex reI. Davis v.
Parks, 194 So. 613, 615 (Fla. 1939). (Opening citation in the Opinion filed
December 17,2014, Third District Court of Appeal, No. 3DI4-2625, Lower
Tribunal No. 14-8506, Great American Insurance Company of New York,
Petitioner, vs. 2000 Island Boulevard Condominium Association, Inc., et al.,
Respondents. A Case of Original Jurisdiction - Prohibition.)
I 1. Florida Code of Judicial Conduct

Adopted September 29, 1994, effective Jan. 1, 1995 (643 So. 2d 1037).
As amended through October 1,2016 (194 So. 3d 1015).
h up:;'www.Horidasupremecourt.orgidecisions/ethics/Code_J udicial_Conduct. pdf

http.z/www.floridasupremecourt. org/ dec isions/ethics/index.shtml
http://\\-vvw.floridasupremecourt.org/decisions/ethics/canon3.shtml
12. Fla. R. Jud. Admin. 2.330(b) "Parties. Any party, including the state, may
move to disqualify the trial judge assigned to the case on grounds provided by rule,
by statute, or by the Code of Judicial Conduct. (Emphasis added).
RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES.
(b) Parties. Any party, including the state, may move to disqualify the trial
judge assigned to the case on grounds provided by rule, by statute, or by the
Code of Judicial Conduct.
13. Under Canon 3E(1) of the Code of Judicial Conduct for the State of Florida ,
"A judge shall disqualify himself or herself where his or her impartiality
might reasonably be questioned, including but not limited to...". Canon 3E(l)
Commentary for Canon 3E( 1)
11
Canon 3E( 1). Under this rule, a judge is disqualified whenever the judge's
impartiality might reasonably be questioned, regardless of whether any of
the specific rules in Section 3E( 1) apply.
14. Disqualification under Canon 3E(l) does not require actual bias or actual
prejudice, but "whenever the judge's impartiality might reasonably be questioned".
15. Rule 2.330. Disqualification of Trial Judges. Fla. R. Jud. Admin. states in
relevant part,
RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES

(c) Motion. A motion to disqualify shall:
( 1) be in writing;
(2) allege specifically the facts and reasons upon which the movant
relies as the grounds for disqualification;
(3) be sworn to by the party by signing the motion under oath or by
a separate affidavit; and
(d) Grounds. A motion to disqualify shall show:

(1) that the party fears that he or she will not receive a fair trial or
hearing because of specifically described prejudice or bias of the judge; or
(e) Time. A motion to disqualify shall be filed within a reasonable time

not to exceed 10 days after discovery of the facts constituting the grounds
for the motion and shall be promptly presented to the court for an immediate
ruling...
(f) Determination - Initial Motion. The judge against whom an initial

motion to disqualify under subdivision (d)(l) is directed shall determine
only the legal sufficiency of the motion and shall not pass on the truth of the
facts alleged. If the motion is legally sufficient, the judge shall immediately
enter an order granting disqualification and proceed no further in the action.
If any motion is legally insufficient, an order denying the motion shall
immediately be entered. No other reason for denial shall be stated, and an
order of denial shall not take issue with the motion.
12
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 201 7
Conclusion
Wherefore, the petition for writ of prohibition should be granted, together with
such other and further relief as the Court deems just and equitable.
I certifying that this petition complies with the font requirements of Rule 9.100(1).
RESPECTFULLY SUBMITTED April 7, 2017.
M~
F.S. Ch. 736 Part TTT, of the Terminated Trust
8092 SW 1 I 5th Loop
Phone: 352-854-7807
13
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 Thomas 1. Marshall, General Counsel

Email: NorbergJ@sec.gov and Executive Vice President
SEC Office of the Whistleblower Email: thornas.j .marshall@usps.gov
100 F Street NE United States Postal Service
Washington, DC 20549 475 L'Enfant Plaza SW
Phone: (202) 551-4790 Washington DC 20260
Fax: (703) 813-9322 c/o Guy Cottrell, Chief Postal Inspector
TCR Submission No. TCR 1458580 18941 I 18 U.S. Code § 1341 - Frauds and swindles
CFPB Complaint No. 120914-000082 18 U.S. Code § 1343 - Fraud by wire, radio, or TV
CFPB Complaint No. 140304-000750 18 U.S. Code § 1346 - Honest services fraud
Civil Rights Division, Voting Section W. Stephen Muldrow USAFLM

U.S. Department of Justice Acting United States Attorney
950 Pennsylvania Ave., NW, Rm 7254 NWB Middle District of Florida
Washington, DC 20530 400 North Tampa Street, Suite 3200
Email: voting. seetion@usdoj .gov Tampa, FI. 33602
Email: w .stephen.muldrow@usdoj.gov
Ken Detzner, Secretary of State Maria Matthews, Esq., Director

Florida Department of State Florida Division of Elections
R. A. Gray Building, Room 316 Email: maria.matthews@dos.myt1orida.com
500 South Bronough Street W. Jordan Jones, Asst. General Counsel
Tallahassee, Florida 32399-0250 Florida Department of State
Email: Ken.Detzner@dos.myflorida.eom Email: JordanJones@dos.myflorida.eom
Notice to the Florida Attorney General Florida Department of Law Enforcement

of a constitutional challenge Rick Swearingen, Commissioner
oag.civiI. eserve@myfloridalcgal.com Email: RickSwcaringcn@fd1c.statc.fl.us
Pam Bondi, Florida Attorney General Jason Jones, General Counsel
Office of Attorney General Email: Jasonloneseufdle.state.Il.us
107 West Gaines Street 2331 Phillips Road
Tallahassee, FL 32399-1050 Tallahassee, FL 32308
Wesley Wilcox, Supervisor of Elections R. Gregg Jerald, General Counsel

Marion County, Florida Marion County Sheriffs Office
Email: WWilcox@VoteMarion.com Email: gjerald@marionso.com
Matthew Minter, Marion County Attorney Kathy Bryant, Marion Co. BOCC
AIL Member Canvassing Board AO M-2016-8 Marion County Canvassing Board
Email: Matthew.Minter@marioncountyfl.org Email: Kathy.bryant@marioncountyfl.org
Governor Rick Scott Jeffrey S. Bragg, Secretary, DOEA
Email: Rick.Scott@eog.myflorida.com Email: braggj@elderaffairs.org
Executive Office of the Governor Department of Elder Affairs
400 S Monroe Street 4040 Esplanade Way
The Capitol Tallahassee, Florida 32399-7000
Tallahassee, FL 32399-6536 http.velderaffairs.state. t1. us/index. php
Office: 850-717-9310
Fax: 850-922-1278 Richard Prudorn, Deputy Sec/Chief Staff
William Nicholson Spicola Email: Prudornrrnrgjelderaffairs.org
General Counsel for Governor Rick Scott
Email: william.spicola@eog.myf1orida.com Sarah K Halsell, DOEA
Email: Halsellsk@elderaffairs.org
Florida Supreme Court
500 South Duval Street Madeleine Nobles, Director
Tallahassee, Florida 3230 I Email: noblesm@elderaffairs.org
Email: e-file@1t1courts.org
Email: supremecourt@f1courts.org Florida Public Information Office
http://www.floridasupremecourt.org/ Email: publieinformation@f1courts.org
John F. Harkness, Jr. William Schifino, President

Executive Director The Florida Bar
The Florida Bar Email: wschifino@buIT.com
651 East Jefferson Street
Tallahassee, FL 32399-2300 Michael Higer, President-Elect
Email: jharkness@tlabar.org The Florida Bar
http.vwww.floridabar.org, Email: mhiger@bergersingerman.com
John Thomas Berry Adria E Quintela

Legal Division Director Lawyer Discipline Director
The Florida Bar The Florida Bar
Email: jberry@tlabar.org Email: aquinlcl@l1abar.org
Patrick L. "Booter" Imhof Franccsca Ciaccio-Freeman PHR SHRM-CP

General Counsel Director of Human Resources Florida Bar
The Florida Bar ADA Disability Coordinator
Email: PImhof@l1oridabar.org Email: FCiaeeio-Freeman@l1oridabar.org
Shancll M. Schuyler Richard Courtemanche

ACAP Director Assistant General Counsel
The Florida Bar The Florida Bar
Email: SSchuyler@t1oridabar.org Email: RCourtemanehe@t1oridabar.org
Hon. Jay P. Cohen, Chief Judge Joanne P. Simmons, Clerk 5thDCA

Email: woodardj@flcourts.org Email: simmonsj@t1courts.org
Fifth District Court of Appeal(5thDCA) Charles R. Crawford, Marshal 5thDCA
Email: crawfordc@t1courts.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

The Honorable Richard Corcoran, Speaker
Email: joe@joenegron.com
Email: richard@richardcorcoran.com
Florida Senate
Florida House of Representatives
409, The Capitol

420 The Capitol
404 S. Monroe Street

402 South Monroe Street
Tallahassee, Florida 32399-1300
Tel: 850-487-5229
Tel: 850-717-5037
https.r. www.flsenate.gov/OtTices/President
http.. www.myfloridahousc.gov/
Florida Senate Florida House of Representatives

Debbie Brown, Secretary of the Senate Office of the Clerk
Office of Senate Secretary Email: officeoftheClerk@mytloridahouse.gov
Email: brown.debbie.web@tlsenate.gov
Office of Inspector General, "OfGl-lotline" SEC Oflice of the Whistleblower
c.o Board of Governors of

100 F Street NE
the Federal Reserve System

20th Street and Constitution Avenue, NW

Phone: (202) 551-4790
Mail Stop K- 300

Fax: (703) 813-9322
Via U.S. Mail, First Class or Priority
Email: OIGHotline@frb.gov
CFPB Complaint No. 120914-000082


Not served on the Florida Portal
The Honorable Richard Cordray, Director

Stefanie Isser Goldblatt
Consumer Finance Protection Bureau

Senior Litigation Counsel
1700 G Street, NW
Enforcement Division
Consumer Finance Protection Bureau
Email: Richard.Cordray@cfpb.gov
Email: Stcfanie.Goldblatt@:cfpb.gov


FBI Tampa Division FBI Jacksonville Division

Special Agent in Charge, Paul Wysopal Special Agent in Charge, Michelle S. Klimt
Website: https.z/www.fbi.gov/tarnpa Website: hups.vwww.fbi.govzjacksonvillc
Email: tampa.division@ic.fbi.gov Email: jacksonville@ic.tbi.gov
Thc Honorable Don F. Briggs The Honorable Ann Melinda Craggs
Chief Judge, Fifth Judicial Circuit Circuit Court Judge, Fifth Judicial Circuit
Lake County Judicial Center Marion County Judicial Center
550 W. Main Street 110 NW 1st Ave.
Tavares, FL 32778-7800. Ocala, FL 34475
Tel. 352-742-4224 Tel: 352-401-6785
Email: dbriggs@circuit5.org 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
JAXSFORECLOS URES@hud.gov
lydia.a. brush@gmail.com
Gregory C. Harrell David R. Ellspcrmann 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@marioncountyelerk.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.eom
Ocala, FL 34481
Email: colsomgrieccahomes.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 11 5th Loop
Ocala, FL 34481
Email: neilgillespie@mCi.net
Neil 1. Gillespie Mark Gillespie

8092 SW 115th Loop 7504 Summer Meadows Drive
Ocala, FL 34481 Ft. Worth, TX 76123
Email: neilgillespie@mfi.nct 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
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
STATE OF FLORIDA ) 111111111111111111111111111 1111111111111

DAVID R ELLSPERMANN CLERK & COMPTROLLER MARION CO
) SS.: DATE: 02/03/2015 1155:32 AM
COUNTY OF MARION ) FILE #: 2015009748 OR BK 6161 PGS 1844-1845
AFFIDAVIT REC FEES: $18.50 INDEX FEES $000
DOS: $0 MOS $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").
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) I, Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the Public Records of
Marion County, Florida.
4. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I transferred
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, J hereby
terminate the Trust as provided by Fla. Stat. § 736.0414, and Article V, the Trust. The total fair
market value of the assets of the Trust is zero. The Trust served its intended purpose of
transferring the property to the beneficiary without going through probate.
6. Pursuant to Fla. Stat. § 736.0414 Modification or termination of uneconomic trust. (I)
After notice to the quali fied 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,
f"l,..'bl
tl-.'U II~O SID 0"1'10
by Neil J. Gillespie, who is personally known to me, or who has produced as
identification and states that he is the person who made this affidavit and that its contents are
truthful to the best of his knowledge, information and belief.
r
Notary Public Stale 01 Florida
(SEAL) Angelica Cruz
My Commission EE067986 NOTAR UBLIC
h
Expires 0212712015
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of Notary Public
My Commission Expires: -2Jc...;:L.,:;...::r-'--I_G' _
STATE OF FLORIDA
NEIL 1. GILLESPIE,
INDIVIDUALLY AND AS
FORMER TRUSTEE OF
THE TERMINATED
TRUST AGREEMENT,
Petitioners, PETITION NO. _

L.T. NO.: 2013-CA-001l5
v.
REVERSE MORTGAGE
SOLUTIONS, INC., ET AL,
INDEX TO APPENDICIES
APPENDIX A VERIFIED MOTION TO DISQUALIFY CIRCUIT JUDGE
ANN MELINDA CRAGGS
APPENDIX B SECOND VERIFIED MOTION TO DISQUALIFY CIRCUIT

JUDGE ANN MELINDA CRAGGS.
APPENDIX C DEFENDANTS' MOTION TO CANCEL HEARING SET
FOR NOVEMBER 28, 2016
APPENDIX D DEFENDANTS' SECOND MOTION TO CANCEL
HEARING SET FOR NOVEMBER 28, 2016
APPENDIX E JUDICIAL DISQUALIFICATION - MEMORANDUM LAW
APPENDIX F NOTICE OF REFILING FEDERAL CIVIL RIGHTS

COMPLAINT DUE TO Official Misconduct By David R.
Ellspermann Marion County Clerk of Court and Comptroller
APPENDIX G INSTRUCTION TO THE CLERK ADNfTNISTRATIVE
ORDER A-2013-56, ESTABLISHING FORECLOSURE
CASE STATUS REPORTING REQUIREMENTS,
Filing # 54155368 E-Filed 03/23/2017 11:55:23 PM
Filing # 67858470 E-Filed 02/12/2018 05:11:18 PM
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 § 1715z–20; 24 CFR Part 206
DATED FEBRUARY 10, 1997, ET AL. FHA Case Number: 091-4405741
Defendants. Demand Jury Trial, U.S. Const. Amend. VII
________________________________________/ Demand Jury Trial, Fla. Const. Art. I, §22
CRMINAL COMPLAINT TO FBI SPECIAL AGENT IN CHARGE ERIC W. SPORRE
Defendant Neil J. Gillespie, 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, and a vulnerable adult, henceforth in the first person, reluctantly appears
pro se, and gives notice of filing CRMINAL COMPLAINT TO FBI SPECIAL AGENT IN
CHARGE ERIC W. SPORRE.
1. My CRMINAL COMPLAINT TO FBI SPECIAL AGENT IN CHARGE ERIC W.

SPORRE, FBI TAMPA DIVISION, IS ATTACHED.
RESPECTFULLY SUBMITTED, February 12, 2018.

8092 SW 115th Loop

Tel. 352-854-7807
APPENDIX 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY the names below were served on the Portal today February 12, 2018.
Curtis Wilson, Esq. Colleen Murphy Davis, Asst. U.S. Attorney

McCalla Raymer Leibert Pierce, LLC United States Attorney’s Office, HUD Counsel
225 E. Robinson Street, Suite 155 Secretary, U.S. Dept. Housing/Urban Development
Orlando, FL 32801 400 N. Tampa Street, Suite 3200
Phone: (407) 674-1850; Fax: (321) 248-0420 Phone: 813-274-6000; Fax: 813-274-6358
Email: MRService@mrpllc.com Tampa, FL 33602
Email: MRService@mccalla.com Email: USAFLM.HUD@usdoj.gov
Fla. Bar No.: 77669 Email: Michalene.Y.Rowells@hud.gov
Justin R. Infurna, Esq., LL.M

The Infurna Law Firm, P.A.
121 South Orange Ave., Ste. 1500
Orlando, Florida 32801
Telephone: (800)-774-1560; Fax: (407)386-3419

of America (DECCA), Priya Ghumman, (ORHA) c/o ORHA Board of Directors
Registered Agent, Name Changed: 11/04/2009 Email: orhaboard@yahoo.com
c/o Carol Olson, Vice President of Admin. Paul Pike, Registered Agent
Administration and Secretary-Treasurer Name Changed: 03/12/2014
10983 SW 89 Avenue, Ocala, FL 34481 11665 SW 72nd Circle, Ocala, FL 34476
Email: colson@deccahomes.com Address Changed: 03/12/2014
Neil J. Gillespie owns the property free and clear at 8092 SW 115th Loop, Ocala, FL 34481;
Email: neilgillespie@mfi.net; the Trust terminated on February 2, 2015, see attached. The
HECM reverse mortgage is void (borrower incompetence), and voidable (§ 10(b) 1934 Act).
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997; the Trust terminated on February 2, 2015, see attached; c/o
Neil J. Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Email: neilgillespie@mfi.net
February 10, 1997; NONE; the Trust Terminated February 2, 2015, see attached; c/o Neil J.
Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Email: neilgillespie@mfi.net
Neil J. Gillespie
STATE OF FLORIDA ) 1111111111111111111111111111111111111111

DAVID R EllSPERMANN CLERK & COMPTROLLER MARION co
) SS.: DATE: 02/03/2015 11 :55:32 AM
AFFIDAVIT REC FEES: $18.50 INDEX FEES: $0.00
DDS: $0 MDS: $0 INT: $0
\ \
oeZ=::).. My Florida residential homestead property is the sole asset of the Trust, property address
..
" ~:.
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
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
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

value of the trust. property is insufficient to justify the cost of administration.
1=l--'bL
- ti~u II~O SlD o;tl 0
by Neil J. Gillespie, who is personally known to me, or who has produced . as
. identification and· states that he is. the person who made this affidavit and that its co~tents are
r
Notary Public State of Florida
Expires 02127/2015
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My Commission Expires: --2J......;;J;_~-=-

.._'_)5 _

Special Agent in Charge
FBI Tampa Division
5525 West Gray Street
Tampa, FL 33609
Tel. (813) 253-1000
Dear Special Agent In Charge Sporre:
Enclosed a certified copy of FINAL JUDGMENT OF FORECLOSURE. Exhibit A. This

instrument is entered in the official records of Marion County by David R. Ellspermann, Clerk &
Comptroller, CFN# 2017065654 BK 6612Pgs 0679-0684 07/19/2017 05:43:26 PM, in the
residential foreclosure of my Florida homestead on a federal reverse mortgage.
Pursuant to Title 18 of the United States Code (U.S.C.), including but not limited to 18 U.S.C. §
371, I request you investigate the fraud or impairment of a legitimate government activity, the
FINAL JUDGMENT OF FORECLOSURE, in my residential federal Home Equity Conversion
Mortgage. The case is captioned Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al.
Plaintiff: Reverse Mortgage Solutions, Inc. (RMS)

Defendants: Neil J. Gillespie, et al.
Court: Marion County Circuit Civil, Case No. 2013-CA-000115
Presiding Judge: Ann Melinda Craggs, Marion County Florida Circuit Court Judge
Plaintiff’s Counsel: Curtis Alan Wilson, Esq., McCalla Raymer Leibert Pierce, LLC,
225 E. Robinson St. Suite 115, Orlando, FL 32801, Phone: 407-674-1850
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.
FHA Case Number: 091-4405741

My HECM is a federally insured loan backed by the full faith and credit of the United States
Government. The FINAL JUDGMENT OF FORECLOSURE attempts to defraud the United
States Government, and myself as homeowner, as follows:
1. Omits the fact that on July 18, 2017 I was taken by ambulance to the hospital after
becoming sick during a non-jury trial on the foreclosure of my home. I was alone and without
counsel to represent me. Judge Craggs continued the trial without me and ruled for the bank.
2. Court records in case no. 2013-CA-000115 show that Judge Craggs continued the
nonjury foreclosure trial without me, and did not enter any of my documents into evidence.
3. Wrongly awarded the Plaintiff Filing Fees of $4,549.60. The actual amount is $1,065.50.
Special Agent in Charge Page - 2
FBI Tampa Division
4. Wrongly awarded the Plaintiff’s counsel attorney’s fees of $19,109, which exceeds the
amount in the HUD Mortgagee Letter 2005-30; and exceeds the amount in the judiciary
foreclosure standard of $2,250 found in the HUD Mortgagee Letter 2013-38 by $16,859.
5. Plaintiff’s counsel wrongly filed this case as a commercial foreclosure for the purpose of
judge shopping, to keep off the backlog foreclosure docket presided over by retired judges, and
increase the time to litigate the case from 1 year to 5 years, to collect an additional $16,859.
6. I have not been lawfully served in this lawsuit, as reflected in the record.
7. A Clerk’s receipt dated Aug-28-2017 shows the foreclosure case parties:
DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA

ELIZABETH BAUERLE
JOETTA GILLESPIE
MARK GILLESPIE
NEIL J GILLESPIE
OAK RUN HOMEOWNERS ASSOCIATION INC
UNITED STATES OF AMERICA
There are NO “TRUST” PARTIES, and NO “UNKNOWN” PARTIES on the receipt.

____________________________________________
The Final Judgment of Foreclosure, (Exhibit A) appears on the Clerk’s docket at DOC-477.
Paragraph 3 states that the Plaintiff is due Filing Fees of $4,549.60.
Interest to date of this $184.20

judgment until 7/18/2017
Attorney's fees
Finding as to reasonable
hourly rate: $175.00
TOTAL $148,363.32
FBI Tampa Division
• The Final Judgment of Foreclosure showing Filing Fees of $4,549.60 is wrong.

• The actual Filing Fees in this Foreclosure case are $1,065.50.
• The Final Judgment of Foreclosure overstates the Filing Fees by $3,484.10.
Gregory C. Harrell is General Counsel to David R. Ellspermann, Marion County Clerk of Court
& Comptroller. On 8/23/2017 @ 6.02 PM I emailed Mr. Harrell for records of the filing fees:

FORECLOSURE (attached), provide records for the Filing Fees of $4,549.60 claimed.
Was that money paid to the Clerk?
Mr. Harrell responded by email on 8/24/2017 @ 1:30 PM:
The Clerk's Office does not possess records supporting the plaintiff's having paid
$4,549.60 worth of filing fees, as referenced in the Final Judgment of Foreclosure in Case
No. 2013.CA.115.
I responded to Mr. Harrell by email on 8/26/2017 @ 8.58 AM:

Thank you for your prompt reply. Kindly provide records showing what the plaintiff
actually paid in filing fees in Case No. 2013.CA.115, and to whom the money was paid.
Mr. Harrell responded by email on 8/28/2017 @ 7:03 AM:
Docket #5 in Case No. 13.CA.115 is a 1-page Notice of Refund to McCalla Raymer,

dated 1/9/13, which reflects that plaintiff's counsel paid the Clerk's Office a total of
$1,077.50 for filing fees, summons issuance fees, and recording/indexing costs. Because
plaintiff's counsel paid $1.077.50 but only actually owed $1,065.50, our office sent them
a refund of $12.00. A certified copy of the aforementioned notice can be made available
to you for $3.00.
My email chain with Mr. Harrell, as forwarded to the FBI Tampa Division on December 21,
2017 to tampa.division@ic.fbi.gov, appears at Exhibit B.
A certified copy of the Notice of Refund to McCalla Raymer appears as Exhibit C and shows:

vs. Case Number: 13-00115-CA
NEIL J GILLESPIE
TO: MCCALLA RAYMER

ORLANDO, FL 32801
FBI Tampa Division
Enclosed please find our check made payable to you in the amount of $12.00. Our-
records reflect we received payment of $1,077.50, of which $1,065.50 was applied in the
above-styled case. Therefore, the enclosed check is a refund of the balance.
Date: January 09, 2013

MAILING ADDRESS DAVID R. ELLSPERMANN
Marion County Clerk's Office Clerk of Circuit Court,
Circuit Civil Division Marion County, Florida
P.O. Box 1030 By: __/s/_________________
Ocala, Florida 34478-1030 Deputy Clerk
A receipt August 28, 2017 for $6.00 for certified public records appears at Exhibit D by the
office of David R. Ellspermann Clerk of the Circuit and County Courts, Marion County Florida.
The Clerk’s receipt appearing at Exhibit D shows the foreclosure case parties:

AMERICA
Tellingly there are NO “TRUST” PARTIES, and NO “UNKNOWN” PARTIES on the

receipt. Actual trust parties, and actual unknown parties, would have required appointment of
counsel which the Court refused to do, for the benefit of the Plaintiff and Plaintiff’s counsel,
with the assistance of Clerk David R. Ellspermann. Any “trust” or “unknown” parties alleged by
the Court in this case amounts to Fraud Upon The Court.
Fraud upon the court is an egregious offense against the integrity of the judicial system
and is more than a simple assertion of facts in a pleading which might later fail for lack
of proof. Wells Fargo Bank, N.A. v. Reeves, 92 So. 3d 249, 252 (Fla. 1st DCA 2012).
The integrity of the civil litigation process depends on truthful disclosure of facts. A
system that depends on an adversary's ability to uncover falsehoods is doomed to failure,
which is why this kind of conduct must be discouraged in the strongest possible way. . . .
This is an area where the trial court is and should be vested with discretion to fashion the
apt remedy.” Cox v. Burke, 706 So. 2d 43, 47 (Fla. 5th DCA 1998).
FBI Tampa Division
The AFFIDAVIT OF NEIL J. GILLESPIE Re Non-Jury Home Foreclosure Trial July 18, 2017
appears at Exhibit E, and states at paragraph 2:
2. On July 18, 2017 I was taken by ambulance to the hospital after becoming sick during
a non-jury trial on the foreclosure of my home. I was alone and without counsel to
represent me. Presiding Judge Ann Melinda Craggs continued the trial without me and
ruled for the bank.
The HUD MORTGAGEE LETTER 2013-38 appears at Exhibit F.
Attorney Justin R. Infurna, Esq., represents my brother Mark Gillespie in an appeal, see the
pleading at Exhibit G, filed Aug-11-2017 in 13-CA-115, "Defendant Mark Gillespie’s Verified
Motion To Vacate Final Judgment of Foreclosure and Cancel Sep-19-2017 Foreclosure Sale".
A foreclosure sale on my home was canceled by court order September 18, 2017 the Plaintiff’s
motion to cancel for a FEMA Moratorium due to Hurricane Irma, a declared natural disaster.
Today I notice the case was re-closed, so I filed,

Filing # 67822570 E-Filed 02/12/2018 12:23:58 PM

Filing # 67823484 E-Filed 02/12/2018 12:34:01 PM
to inform the record that the case is open, at the highest level, the United States Supreme Court.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
attachments/enclosures
IN THE CIRCUIT COURT OF ToHE FIFTH
JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
MARION COUNTY
CASE NO. 42-20 13-CA-OOO115-AXXX-XX
Plaintiff,
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;
DEVELOPMENT & CONSTRUCTION n'=J ~
c;::)
CORPORATION OF AMERICA; UNKNOWN :tr-;"--:'
:t> rTi~.s --.J ---j
SPOUSE OF ELIZABETH BAUERLE; ~~c:~ L

c= It
r~._
~::.:
UNKNOWN SPOUSE OF MARK ~r~..?~~:~
.._,
I
rll
GILLESPIE; UNKNOWN SPOUSE OF NEIL (;",., I
0) C:Jr
o~:
J. GILLESPIE; UNKNOWN c::::: u) ~<rTl
SETTLERSIBENEFICIARIES OF THE z~ .' ~ 7)[1
---4
< 0-."
1'-;
C) ;?_~
:x
GILLESPIE FAMILY LIVING TRUST ~ ...... 0
:r
AGREEMENT DATED FEBRUARY 10,1997;
UNKNOWN·TRUSTEES, SETTLERS AND
~~~ w
BENEFICIARIES OF UNKNOWN
SETTLERS/BENEFICIARIES OF THE
GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,1997;
UNKNOWN ·TENANT IN POSSESSION 1
and UNKNOWN TENANT IN POSSESSION
2,
Defendants.
- - - - - - - - - - - - - - -/
FINAL JUDGMENT OF FORECLOSURE

THIS ACTION came before the Court at Non-Jury Trial on July 18,2017. Based on the
evidence presented and being othetwise fully informed in the premises,
ORDERED AND ADJUDGED that:
5543131 12-0212 ]-2
DAVID R ELLSPERMANN CLERK & COMPTROLLER MARION CO

CFN# 2017065654 BK 6612 Pgs 0679-0684 07/19/2017 05:43:26 PM
REC FEE INDEX
A
1. This Court has jurisdiction of foreclosure cases pursuant to Florida Statutes.
Service of process has been secured upon all parties.
2. Plaintiff holds a lien for the total sum in this Final Judgment, which is superior
and prior to the right, title interest, claims of lien, encumbrances and equities of the following
Defendants: NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997; OAK
RUN HOMEOWNERS ASSOCIATION, INC.; UNITED STATES OF AMERICA, ON
BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT;
ELIZABETH BAUERLE; MARK GILLESPIE; NEIL J. GILLESPIE; DEVELOPMENT &
CONSTRUCTION CORPORATION OF AMERICA; UNKNOWN SPOUSE OF ELIZABETH
BAUERLE; UNKNOWN .SPOUSE OF MARK GILLESPIE; UNKNOWN
SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10,1997; UNKNOWN TRUSTEES, SETTLERS AND BENEFICIARlES
OF UNKNOWN SETTLERSIBENEFICIARIES OF THE GILLESPIE FAMILY LIVING
TRUST AGREEMENT DATED FEBRUARY 10, 1997, and all others claiming through or on
behalf of said defendants, on the following real property:
Lot(s) 1, Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the Public Records of
a/kJa 8092 SW 115th Loop, Ocala, FL 34481
3. Plaintiff, REVERSE MORTGAGE SOLUTIONS, INC., C/O 2727 Spring Creek

Drive, Spring, TX 77373 (servicer's address), is due the following:
Interest to date of this judgment until 7/18/2017 $184.20

554373·1 12-0212] -2
DAVID R ELLSPERMANN MARION COUNTY FL

CFN# 2017065654 OR BK 6612 PG 680 Pgs 0679-0684 07/19/2017 05:43:26 PM
Attorney's fees
Finding as to reasonable hourly rate: $175.00
TOTAL $148,363.32
Said total shall bear interest at the rate of 5.17% a year.
4. This is an IN ~M judgment against Neil J. Gillespie as record title owner of the

real property herein described.' All other Defendants' interests are in the form of inferior liens to
Plaintiff's note and mortgage. As such, said liens are extinguished subject to any statutory right
of redemption as outlined further in this final judgment.
5. If tl1e total sum with interest at the rate described in paragraph 3 and all costs
accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at
public sale on ~f)tEMbEC /q ,20fl, at 11:00 AM to the highest bidder for cash,
I
except as prescribed in paragraph 6, at 11 :00 AM electronically at
www.Marion.realforeclose.comin accordance with section 45.031, Florida Statutes.
6. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed
for them by the clerk if Plaintiff is not the purchaser of the property for sale, provided, however,
that the purchaser of the property for sale shall be responsible for the documentary stamps
payable on the certificate of title. If Plaintiff is the purchaser, the clerk shall credit Plaintiffs bid
with the total sum with interest and costs accruing subsequent to this judgment, or such part of it,
as is necessary to pay the bid in full.
7. On filing the Certificate of Title, the clerk shall distribute the proceeds of the sale,
so far as they are sufficient, by paying: first, all of Plaintiffs costs; second, documentary stamps
affixed to the certificate; third, Plaintiffs attorneys' fees; fourth, the total sum due to Plaintiff,
less the items paid, plus interest at the rate prescribed in paragraph 3 from the date of this
jud~ent to the date of the sale; and by retaining any remaining amount pending the further
Order of this court.
554373] 12..02]21-2

CFN# 2017065654 OR BK 6612 PG 681 Pgs 0679-0684 07/19/2017 05:43:26 PM
8. On filing the Certificate of Sale, Defendant(s) and all persons claiming under or
against Defendant(s) since the filing of the Notice of Lis Pendens shall be foreclosed of all estate
or claim in the property, except as to claims or rights under chapter 718 or chapter 720, Florida
Statutes, if any. Upon the filing of the certificate of title, the person named on the certificate of
title shall be let into possession of the property. If any Defendant remains in possession of the
property, the clerk shall not, without further Order of the court, issue forthwith a writ of
possession upon request of the person named on the Certificate of Title.
9. The right of redemption of any Defendant is terminated upon the issuance of the
Certificate of Sale by the clerk of court pursuant to the provisions of Florida Statutes 45.0315.
10. The Court retains jurisdiction of this action to enter further Orders that are proper
including, without limitation, writs of possession, deficiency judgments and re-foreclosure of
omitted parties and to determine the amount of assessments due pursuant to Florida Statutes
718.116 or 720.3085, if applicable.
11. In the event the instant case is dismissed by the Plaintiff, the Clerk of Court is
hereby directed to release any original loan documents filed with the Court to counsel of record
for Plaintiff.
Plaintiff hereby assigns the bid to Federal National Mortgage Association and the
Certificate of Title shall be issued to said entity.
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL

MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED
TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL
JUDGMENT.
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS

REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO
LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM YOU
WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
5543731 12-02121-2

CFN# 2017065654 OR BK6612 PG 682 Pgs 0679-068407/19/201705:43:26 PM
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS
YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER
REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO
ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU
ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT FOR
MARION COUNTY, TELEPHONE NUMBER (352) 671-5610, 110 NW 1ST AVE,
OCALA, FL 34475, WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS
ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS
IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU

CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL
PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN
ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU,
TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT
YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR
PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD
TO PAY AN ATTORNEY, YOU MAY CONTACT MARION COUNTY LEGAL AID, 1610
SE 36TH AVE., OCALA, FL 34471, 352-629-0105 TO SEE IF YOU QUALIFY
FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY
MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR
SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT FLORIDA RURAL
LEGAL SERVICE FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE
AFTER RECEIPT OF TmS NOTICE.
DONE AND ORDERED at Marion County, Florida, this '~da of ~~~--
2017.
Copies to parties on the attached service list.
5543731 12-02121-2

CFN# 2017065654 OR BK 6612 PG 683 Pgs 0679-0684 07/19/2017 05:43:26 PM
SERVICE LIST
MCCALLA RAYMER LEIBERT PIERCE, LLC

225 E. ROBINSON ST. SUITE 155
ORLANDO, FL 32801
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
neiIgillespie@lnfi.net
Colleen Murphy Davis, Assistant United States Attorney (IRS)

400 North Tampa Street, Suite 3200
Tampa, FL 33602 .
USAFLM.HUD@usdoj.gov
Jaxsfforeclosures@hud.gov
Oak Run Homeowners Association, Inc.

7480 SW Highway 200
Ocala, FL 34476
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust AgreeJnent dated
February 10,1997
8092 SW 115th Loop
Ocala, FL 34481
Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie

Ft. Worth, TX 76123
Development & Construction Corporation ofAmerica

clo Registered Agent: Priya Ghulnman
10983 SW 89 Avenue
Ocala, FL 34481
Unknown Settlors/Beneficiaries ofThe Gillespie Family Living Trust Agreement dated February 10, 1997
8092 SW 11 5th Loop
Ocala, FL 34481
Elizabeth Bauerle n/k/a Elizabeth Bidwood

7504 Summer Meadow Drive
Ft. Worth, TX 76123
Unknown spouse of Elizabeth Bauerle

6356 SW 1o6th Place
Ocala, FL 34476 ~.~~lFY~TAN~ ..
;1EOFHASl1EENFURNlSHEDBYU.S~a .
A1LTQ" '. '.
Mark Gillespie
7504 Summer Meadows Drive /lI.( tJsfed ·.4r~/~J . :
Ft. Worth, TX 76123
ilts" 19'. DAy~-r~/r . .:"~"~
5543731
.?R-P~. -. .. 0,(:
12-02121-2

CFN# 2017065654 OR BK 6612 PG 684 Pgs 0679-0684 07/19/201705:43:26 PM
Page 1 of 2
Neil Gillespie
From: "Neil Gillespie" <neilgillespie@mfi.net>

To: "FBI Tampa Division" <tampa.division@ic.fbi.gov>
Sent: Thursday, December 21, 2017 12:31 AM
Subject: PRR for Filing Fees of $4,549.60

From: Greg Harrell
To: neilgillespie@mfi.net
Sent: Monday, August 28, 2017 7:02 AM
Subject: Re: Real Auction bidder accounts; PRR for Filing Fees of $4,549.60
Mr. Gillespie:
Docket #5 in Case No. 13.CA.115 is a 1-page Notice of Refund to McCalla Raymer, dated 1/9/13,
which reflects that plaintiff's counsel paid the Clerk's Office a total of $1,077.50 for filing fees,
summons issuance fees, and recording/indexing costs. Because plaintiff's counsel paid $1.077.50
but only actually owed $1,065.50, our office sent them a refund of $12.00. A certified copy of the
aforementioned notice can be made available to you for $3.00.
Sincerely,
Greg Harrell
Gregory C. Harrell
General Counsel to David R. Ellspermann, Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
(352) 671-5603
gharrell@marioncountyclerk.org
>>> "Neil Gillespie" <neilgillespie@mfi.net> 08/26/2017 09:58 AM >>>
Mr. Harrell,
Thank you for your prompt reply. Kindly provide records showing what the plaintiff actually paid
in filing fees in Case No. 2013.CA.115, and to whom the money was paid.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
From: Greg Harrell
To: neilgillespie@mfi.net
Sent: Thursday, August 24, 2017 2:30 PM
Subject: Re: Real Auction bidder accounts; PRR for Filing Fees of $4,549.60
Mr. Gillespie:
B
12/21/2017
Page 2 of 2
The Clerk's Office does not possess records supporting the plaintiff's having paid $4,549.60
worth of filing fees, as referenced in the Final Judgment of Foreclosure in Case No.
2013.CA.115.
Gregory C. Harrell
P.O. Box 1030
(352) 671-5603
>>> Greg Harrell 08/24/2017 08:56 AM >>>

Mr. Gillespie:
I am in receipt of your inquiry below and we are looking into it. I will follow-up with you as
soon as I have an answer for you.
Gregory C. Harrell
P.O. Box 1030
(352) 671-5603
>>> "Neil Gillespie" <neilgillespie@mfi.net> 08/23/2017 07:02 PM >>>
Mr. Harrell,
Thank you for this information.
FORECLOSURE (attached), provide records for the Filing Fees of $4,549.60 claimed. Was that
money paid to the Clerk?
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
12/21/2017
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT,
IN AND FOR MARION COUNTY, FLORIDA
Circuit Civil Division
vs.
Case Number: 13-00115-CA
NEIL J GILLESPIE
TO: MCCALLA RAYMER
ORLANDO, FL 32801
Enclosed please find our check made payable to you in the amount of $12.00. Our-records reflect we
received payment of$I,077.50, of which $1,065.50 was applied in the above-styled case. Therefore, the
enclosed check is a refund of the balance.
Date: January 09, 2013 DAVID R. ELLSPERMANN
MAILING ADDRESS
Marion County Clerk's Office
Clerk of Circuit Court,
MarionCo nty, Florida f'40
Circuit Civil Division
P.O. Box 1030
B:
e ty Clerk
OU
STATE OF FUWD. COtIf1Y OF MNIOII

t HEtHy CER11FY tttat the foregoing Is a true and
correct copy of ~ttv~ of the
instrument flted '" SIVs ofIce.
The original instrument . . c:ontains~
~ This copy hal no recIadtons.
C] Tht5 copy has been redlded ptJ'SUIN to law.
llWtO R of ., Ccut
""""~~"""""""""""""~"""'~B'c.
C .5
David R. Ellspermann
Clerk of the Circuit and County Courts
MARION County Florida
Receipt #: XX 243690 Case #: 13CA000115AX Citation #:

Posting Date: 08/28/2017 Citation #: Balance:
Validn Date: 08/28/201701 :54 PM Workstation: 933 Clerk: lisaf
Validn Time: 01:54 PM
Party Name:
Paid By:
Comments:
Account Description Detail Amount

T0012 ADDITIONAL SERVICE CHARGES-CA $1.00
Y0165 COpy FEES-CIRCUIT CIVIL $2.00
Y0166 SERVICE FEES-CIRCUIT CIVIL $3.00
CASH: $ 6.00 Ref#:
TOTAL TENDERED: $ 6.00

CASH REFUND: $ 0.00
TOTAL PAID: $ 6.00
SERVICE FEE: $ 0.00
CASE ASSESMENT TOTAL: $ 1,438.30

TOTAL DUE: $ 6.00
CURRENT CASE BALANCE: $ 0.00

AMERICA
D
AFFIDAVIT OF NEIL J. GILLESPIE
Non-Jury Trial July 18, 2017
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 anl over the age of eighteen and am competent to testify as to the facts and nlatters set
forth herein. I make this affidavit upon personal knowledge unless otherwise expressly stated.
2. On July 18, 2017 I was taken by ambulance to the hospital after becoming sick during a
non-jury trial on the foreclosure of my home. I was alone and without counsel to represent me.
Presiding Judge Ann Melinda Craggs continued the trial without me and ruled for the bank.
3. Since January 9, 2013 my Florida homestead residence has been in foreclosure on a

federal Home Equity Conversion Mortgage, also called a HECM reverse mortgage.
4. The case is Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al., Marion County
Florida Circuit Court, Case No. 2013-CA-000115.
5. I am 61 years-old. I am eligible for benefits under the Older Americans Act (OAA).
6. Social Security found I became disabled on January 17, 1992. I am eligible for protection
under the Americans With Disabilities Act (ADA), and Section 504 of the Rehabilitation Act.
7. I was determined indigent by the Clerk on March 4,2015.
8. On July 18, 2017 I appeared at 10:00 AM for a non-jury trial on the foreclOSUre of my
home before Judge Ann Melinda Craggs ("Judge Craggs") in Courtroom 3B, on the Third Floor
of the Marion County Judicial Center, 110 NW First Avenue, Ocala, FL 34475.
9. Judge Craggs refused to permit telephonic attendance in 3 Orders entered May 3, 2017,
DOC-448 Filing # 55891498 E-Filed 05/03/2017 07:57:53 AM
DOC-449 Filing # 55895836 E-Filed 05103/2017 09:29:26 AM
DOC-450 Filing # 55946946 E-Filed 05/03/2017 05 :21: 11 PM
"5. Personal attendance of the parties and counsel is mandatory. Telephone attendance is
not permitted. If a Defendant elects not to appear in Court, the Court will assume that the
E
Defendant who does not appear does not contest the entry of the Final Judgment of
Foreclosure." (Paragraph 5 is the same in all three motions entered by Judge Craggs)
10. Google Maps shows the Marion County Judicial Center is 13.9 miles from my home and
takes 29 minutes to drive.
11. I drove my 1990 Dodge minivan to the Marion County Judicial Center on July 18, 2017
for a non-jury foreclosure trial. My 27 year-old vehicle does not have working air conditioning.
12. On July 18, 2017 I filed Emergency Petition to Cancel Non-Jury Trial 10:00 AM Today
("Emergency Petition") Florida Supreme Court Case No. SC 17-1321 Filing # 59132663 E-Filed
07/18/2017 at 07:24: 12 AM. My 20 page Emergency Petition is attached hereto as Exhibit A.
13. Judge Craggs acknowledged in open court at the non-jury foreclosure trial that she
received my Emergency Petition, which was served to her on the Florida Portal.
14. My Emergency Petition included the following nine (9) Appendices:
Appendix A: Defendants' Emergency Motion To Cancel Hearing July 18, 2017 (sic)
Appendix B: Defendants' Notice of Filing U.S. Supreme Court Petition and Response
Appendix 1: Order Dismissal Mar-31-2017, Notice Appeal Mar-27-2017.
Appendix 2: Notice of Filing Federal Civil Rights Complaint
Appendix 3: U.S. Supreme Court Clerk's reply letter Mr. Higgins Oct-19-2016
Appendix 4: Affidavit of Neil Gillespie re Dr. Kassels Jun-12-20 17
Appendix 5: Affidavit of Neil J. Gillespie Traumatic Brain Injury (TBI)
Appendix 6: Affidavit of Neil J. Gillespie_HECM Age Limits
Appendix 7: Affidavit of Neil J. Gillespie - Defenses and Claims in Recoupment
15. I arrived a few minutes early for the 10:00 AM non-jury trial on foreclosure of my home.
I was hot and dehydrated when I arrived from the 29 nlinute drive without air conditioning.
16. The bailiffs who were present at the non-jury trial were Captain Tom Terrell and Deputy
Thorn Moats of the Marion County Sheriffs Office (MCSO), according to the email of general
counsel R. Gregg Jerald, Staff Commander, Sheriffs Executive Staft: Meso.
17. When the non-jury foreclosure trial commenced shortly after 10:00 AM on July 18, 2017,
I made a spoken motion to disqualify Judge Craggs for wrongly sending mail to me the day
before that belonged to my sister, Elizabeth Bauerle, n.k.a. Elizabeth Bidgood, and her unknown
spouse, n.k.a. Scott Bidgood, who live at 7926 SW 112TH LN, Ocala, FL 34476-9164.
18. Judge Craggs denied my spoken motion to disqualify her without providing a reasonable
amount of time to reduce my spoken motion to disqualify to writing. Rogers v. State, 630 So. 2d
513 (Fla. 1993). As soon as I said "I move to disqualify you for" Judge Craggs said "denied"
without even hearing my grounds to disqualify her.
2
AFFIDAVIT OF NEIL 1. GILLESPIE
19. I made a second spoken motion to disqualify Judge Craggs for currently presiding over
two cases related to the criminal prosecution of Elizabeth Bauerle (nee Gillespie) who was
arrested for Aggravated Assault with a Deadly Weapon; Battery, against me on August 5, 2006.
20. Judge Hale R. Stancil presided over State of Florida v. Elizabeth Bauerle, 2006-CF
003274. Judge Craggs presided over two injunctions, 2006-DR-03991 and 2006-DR-4110.
21. Again, Judge Craggs denied my spoken motion to disqualify her without providing a
reasonable amount of time to reduce my spoken motion to disqualify to writing. Rogers v. State
22. During the non-jury foreclosure trial I objected to evidence entered by the Plaintiff,
specifically an Adjustable Rate Note (Home Equity Conversion) with an altered Direct
Endorsement Allonge payable to Bank of America, N.A. without recourse, The Allonge had the
date crossed out with another date added without initials. None of the borrowers who signed the
Note were eligible to make a Home Equity Conversion Mortgage, or HECM reverse mortgage.
• The only Borrower Penelope Gillespie was incompetent due to Alzheimer's Disease.
• Signer Neil J. Gillespie, Trustee, was not old enough to make a HECM reverse mortgage.
• Signer Mark Gillespie, Trustee, was not old enough to make a HECM reverse mortgage.
• The trust shall not be a party to the Loan Agreement. (4235.1 REV-l Section 4-5 A. 3)
23. I argued the following from my Emergency Petition:
11. The Non-Jury trial is set for two hours, which is far beyond my ability to attend due
to disability, including:
Type 2 adult-onset diabetes (Exhibit 2)
Post-traumatic Stress Disorder (PTSD) etc. (Appendix 4)
Traumatic Brain Injury (TBI) Appendix 5
12. The Preface to the June 21, 2017 Fannie Mae Single-Family Reverse Mortgage
Servicing Manual appears at Exhibit 4 with the cover page, and states:
For HECM loans, the servicer must follow all applicable requirements of the
HECM program found in the Department of Housing and Urban
Development (HUD) Handbook 4235.1 REV-I: Home Equity Conversion
Mortgages, Handbook 4330.1 REV-5: Administration of Insured Home
Mortgages, all related HUD Mortgagee Letters, and all other guidance
provided by HUD. This Manual includes requirements for HECMs that
Fannie Mae imposes as a result of its purchase and securitization of those
mortgage loans and is not intended to contradict HUD's requirements. In the
event that this Manual and guidance provided by HUD are conflicting, the
servicer must follow HUD's requirements.
13. The HUD Reverse Mortgage Handbook 4235.1 REV-l Sections 4-4,4-5,4-6
3
appear at Exhibit 5 and state in part:
4-4 A. The borrower's age. All borrowers must be at least 62 years old
when they sign the Uniform Residential Loan Application (URLA)
and the HUDNA Addendum (Form HUD 92900-A). The lender should request
evidence of the ages of all borrowers, and accept all reasonable forms of evidence.
On June 5, 2008 HECM borrower Penelope Gillespie was age 77; Neil Gillespie was age
52; and Mark Gillespie was age 49, see
APPENDIX 6 AFFIDAVIT OF NEIL J. GILLESPIE HECM AGE LIMITS
4-5 A. Conditions for Origination in the Name of a Living Trust.
1) All beneficiaries of the trust must be eligible HECM
borrowers at the time of origination and until the mortgage
is released [Le. borrower/beneficiary must occupy the
property as a principal residence and new beneficiaries may
not be added to the trust].
3) The trust shall not be a party to the Loan Agreement. The
borrower/beneficiary may issue instructions to the lender to
permit the trustee to exercise one or more rights stated in
the Loan Agreement on behalf of the beneficiary; Le. the
right to receive loan advances or to request changes in the
payment plan.
B. Transfer of the Property Into or From a Trust.
2) If the trust is terminated, or the property is otherwise
transferred from an eligible trust holding the property, the
mortgage will not become due and payable, provided that one
or more of the original borrowers who signed the Note and
Loan Agreement continue to occupy the property as a
principal residence and continue to retain title to the
property in fee simple or on a leasehold interest as set
forth in 24 CFR Section 206.45(a).
4-6 POWER OF ATTORNEY AND CONSERVATORSHIP GUIDELINES. The

following guidelines apply to all phases ofHECM loan processing:
2) Borrowers lacking legal competency: a. Incompetent borrower may not sign

the mortgage loan application.
My mother Penelope Gillespie was incompetent (Alzheimer's Disease) when she
signed the mortgage loan application, the bank did not care, it wanted $$$$$$,
see, APPENDIX 7 AFFIDAVIT OF NEIL J. GILLESPIE - DEFENSES AND
CLAIMS IN RECOUPMENT
24. Throughout the non-jury trial I told Judge Craggs that I wanted counsel to represent me.
I told Judge Craggs I had a right to assistance of counsel under the federal Older Americans Act,
(OAA). But Judge Craggs said no and denied my request for counsel.
25. 15 or 20 minutes into the 2 hour non-jury trial my face became hot. I could feel my health
and strength declining. I asked for water. A bailiff / deputy brought me a small bottle of water. I
splashed water on my face to revive myself. I made a intemperate remark to a bailiff / deputy.
26. The bailiff / deputy asked if I was in distress. I responded yes and asked him to call 911.
The bailiff / deputy led me out of the courtroom to await the arrival of the ambulance.
27. Records provided by Marion County Fire Rescue appear at Exhibit B, and show,
Notarized Medical Record and Information Release July 20,2017 for Neil J. Gillespie
Marion County Final Patient Care Report Neil Gillespie

Board of County Commissioners Date of Service: 07/18/201 7
Fire Rescue Run Number: 3605798
2631 SE Third 8t. Incident Number: 047993
Ocala, FL 34471 Acuity at Dispatch: Immediate Medical Assist
Phone: 352-291-8000 Location: 110 NW 1st Ave.
Fax: 352-291-8098 OCALA, Marion, FL 34475
Vehicle: R62 Times: At scene 10:27 07-18-17

Call Sign: R62 At patient side: 10:31 07-18-17
Primary Role: Ground Transport Transporting: 10:47 07-18-17
Crew #1 Name: McCartney, Sarah At destination: 10:58 07-18-17
Crew #2 Name: Morgan, Gronn Vital Signs: Glucose: 349
28. Records provided by Ocala Regional Medical Center appear at Exhibit C and show,
Ocala Regional Medical Center Discharge Summary

1431 SW 1st Avenue Date: 07/18/2017
Ocala, FL 34478 Time: 1:02 PM
(352) 401-1000 Patient name: Neil Gillespie
Discharge Instructions: Dehydration - Adults, Weakness
AFFIDAVIT OF NEIL 1. GILLESPIE
29. Court records in case no. 2013-CA-OOOI15 show that Judge Craggs continued the non-
jury foreclosure trial without me, and did not enter any of my documents into evidence.
FURTHER AFFIANT SAYETH NOT.
y Commission Expires: ---O:~--4--+--~~ __ Print Name of Notary Public
6
Filing # 59132663 E-Filed 07/18/2017 07:24:12 AM
IN THE SUPREME COURT OF FLORIDA

STATE OF FLORIDA
NEIL J. GILLESPIE,
INDIVIDUALLY AND AS
FORMER TRUSTEE OF
THE TERMINATED
TRUST AGREEMENT,
Petitioner,
CASE NO.: ____________
v. LT: 2013-CA-000115
Marion County Circuit Civil
REVERSE MORTGAGE
SOLUTIONS, INC.,
Respondent.
_________________________________/
EMERGENCY PETITION TO CANCEL NON-JURY TRIAL 10:00 AM TODAY
Petitioner Neil J. Gillespie, an indigent non-lawyer, unable to obtain
vulnerable adult, henceforth in the first person, reluctantly appears pro se, and files
Emergency Petition to Cancel Non-Jury Trial 10:00 AM Today and states:
1. On July 14, 2017 at 5:43 PM, Marion County Circuit Judge Ann Craiggs
entered “ORDER DENYING DEFENDANT’S, NEIL J. GILLESPIE,
EMERGENCY MOTION TO CANCEL HEARING JULY 18, 2017. (Exhibit 1)
A
2. First, this is NOT a “hearing” that I mistakenly called it, it is a Non-Jury
Trial set for 10:00 AM today July 18, 2017 in Courtroom 3B, Third Floor of the
Marion County Judicial Center, 110 NW First Avenue, Ocala, FL 34475, in a
residential homestead foreclosure of my home worth approximately $68,000 on a
federal Home Equity Conversion Mortgage [12 USC § 1715z–20; 24 CFR Part
206] also called a HECM reverse mortgage. I own my home free and clear.
3. Appearing at APPENDIX A is DEFENDANTS' EMERGENCY MOTION
TO CANCEL HEARING JULY 18, 2017 (sic) [Non-Jury Trial]
4. This Court has jurisdiction under the Florida Constitution, Article V,
Judiciary, Section 3, Supreme Court,
(7) May issue writs of prohibition to courts and all writs necessary to the
complete exercise of its jurisdiction.
(8) May issue writs of mandamus and quo warranto to state officers and state
agencies.
(9) May, or any justice may, issue writs of habeas corpus returnable before
the supreme court or any justice, a district court of appeal or any judge
thereof, or any circuit judge.
5. In lieu of granting this petition, I hereby move the Court to grant me a
reprieve to file for federal bankruptcy protection, likely chapter 7 or 13.
6. The following U.S. Supreme Court Appendixes accompany this petition:
APPENDIX B DEFENDANTS’ NOTICE OF FILING U.S. SUPREME COURT

PETITION AND RESPONSE
2
APPENDIX 1 Order Dismissal Mar-31-2017, Notice Appeal Mar-27-2017
APPENDIX 2 NOTICE OF FILING FEDERAL CIVIL RIGHTS COMPLAINT
APPENDIX 3 US Supreme Court Clerk's reply letter Mr Higgins Oct-19-2016
APPENDIX 4 Affidavit of Neil Gillespie re Dr. Kassels Jun-12-2017
7. Judge Craggs is fond of beginning each Order with a date count. The Order
appearing at Exhibit 1 begins “A. This case has been pending for 1,647 days.”
8. Pursuant to Fla. R. Jud. Admin. 2.250(a)(1)(B), the Trial Court Time
Standards for Non-jury cases is 12 months (filing to final disposition).
9. This case should have ended in 48 days, on February 26, 2013, with a Rule
55 Default Judgment in my favor after this case was removed February 4, 2013 to
U.S. District Court, Ocala Division, Middle District Florida, No. 5:13-cv-00058-
WTH-PRL, but for misconduct between federal judicial officers and Plaintiff’s
counsel Danielle Nicole Parsons, Bar ID: 29364.
10. The Florida Bar failed to competently complete its inquiry in Danielle
Nicole Parsons, The Florida Bar File No. 2014-30,525 (9A).
11. The Non-Jury trial is set for two hours, which is far beyond my ability to
attend due to disability, including:
AFFIDAVIT OF NEIL J. GILLESPIE re Dunnellon PO_FIRE-RESCUE (Exhibit 3)

Type 2 adult-onset diabetes (Exhibit 2)
Post-traumatic Stress Disorder (PTSD) etc. (Appendix 4)
Traumatic Brain Injury (TBI) Appendix 5
APPENDIX 5, AFFIDAVIT OF NEIL J GILLESPIE Traumatic Brain Injury (TBI)
3
12. The Preface to the June 21, 2017 Fannie Mae Single-Family Reverse
Mortgage Servicing Manual appears at Exhibit 4 with the cover page, and states:
HECM program found in the Department of Housing and Urban
Development (HUD) Handbook 4235.1 REV-1: Home Equity Conversion
Mortgages, Handbook 4330.1 REV-5: Administration of Insured Home
Mortgages, all related HUD Mortgagee Letters, and all other guidance
provided by HUD. This Manual includes requirements for HECMs that
Fannie Mae imposes as a result of its purchase and securitization of those
mortgage loans and is not intended to contradict HUD’s requirements. In the
event that this Manual and guidance provided by HUD are conflicting, the
servicer must follow HUD’s requirements.
13. The HUD Reverse Mortgage Handbook 4235.1 REV·1 Sections 4·4, 4-5, 4-6
appear at Exhibit 5 and state in part:
4-4 A. The borrower's age. All borrowers must be at least 62 years old
and the HUD/VA Addendum (Form HUD 92900-A). The lender should
request evidence of the ages of all borrowers, and accept all
reasonable forms of evidence.
On June 5, 2008 HECM borrower Penelope Gillespie was age 77; Neil Gillespie
was age 52; and Mark Gillespie was age 49, see
APPENDIX 6 AFFIDAVIT OF NEIL J. GILLESPIE_HECM AGE LIMITS
4-5 A. Conditions for Origination in the Name of a Living Trust.

1) All beneficiaries of the trust must be eligible HECM
is released [i.e. borrower/beneficiary must occupy the
not be added to the trust].
3) The trust shall not be a party to the Loan Agreement. The
4

the Loan Agreement on behalf of the beneficiary; i.e. the
payment plan.
B. Transfer of the Property Into or From a Trust.
2) If the trust is terminated, or the property is otherwise

4-6 POWER OF ATTORNEY AND CONSERVATORSHIP GUIDELINES. The
following guidelines apply to all phases of HECM loan processing:
2) Borrowers lacking legal competency:

a. Incompetent borrower may not sign the mortgage loan
application.
My mother Penelope Gillespie was incompetent (Alzheimer’s Disease) when she
signed the mortgage loan application, the bank did not care, it wanted $$$$$$, see,
APPENDIX 7 AFFIDAVIT OF NEIL J. GILLESPIE - DEFENSES AND

CLAIMS IN RECOUPMENT
WHEREFORE, I respectfully move this Court to cancel the Non-Jury Trial
set for 10:00 AM today July 18, 2017 in Courtroom 3B, Third Floor of the Marion
County Judicial Center, 110 NW First Avenue, Ocala, FL 34475. In the alternative,
5
In lieu of granting this petition, I hereby move the Court to grant me a reprieve to
file for federal bankruptcy protection, likely chapter 7 or 13.
RESPECTFULLY SUBMITTED July 18, 2017
NEIL J. GILLESPIE, INDIVIDUALLY AND AS FORMER TRUSTEE OF

THE TERMINATED GILLESPIE FAMILY LIVING TRUST AGREEMENT
8092 SW 115th Loop
Ocala, FL 34481
Tel: 352-854-7807
Service List July 18, 2017
I HEREBY CERTIFY the following names were served today July 18, 2017
on the Florida Portal by email.
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
Curtis Wilson, Esq.

225 E. Robinson Street, Suite 155
Orlando, FL 32801
Phone: (407) 674-1850; Fax: (321) 248-0420
Fla. Bar No.: 77669
6
Filing # 59061351 E-Filed 07/14/2017 05:43:02 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT,

IN AND FOR MARION COUNTY, FLORIDA.

Plaintiff,
v. Case No.: 2013-CA-115-S
NEIL J. GILLESPIE, et.al.,

Defendants.
____________________________________/
ORDER DENYING DEFENDANT’S, NEIL J. GILLESPIE, EMERGENCY MOTION TO

CANCEL HEARING JULY 18, 2017
THIS CAUSE having come before the Court upon the Defendant’s, Neil J. Gillespie, Emergency
Motion to Cancel Hearing July 18, 2017, filed July 14, 2017, the Court having reviewed the file and being
otherwise fully informed, finds as follows:
A. This case has been pending for 1,647 days.
B. The Defendant alleges as a ground for canceling the Non-Jury Trial scheduled for July
17, 2017, that the Unites States Supreme Court, by letter dated July 10, 2017, “requests a corrected
petition within 60 days from the date of the Order.”
C. The July 10, 2017, document from the Supreme Court of the United States, Office of the
Clerk, is not an order. Furthermore, the Clerk did not request a corrected petition. Rather, the Clerk
listed the reasons the Defendant’s petition for writ of certiorari was returned to the Defendant. Finally,
the Clerk’s letter informs the Defendant that, “unless the petition is submitted to this Office corrected
from within 60 days of the date of this letter, the petition will not be filed.”
D. Second, in paragraph 11 of the motion, the Defendant alleges the Plaintiff “has not fully
complied with my discovery request made March 30, 2017…” The Plaintiff filed Responses to
Defendant’s Request for Production on May 9, 2017. The Defendant has failed to timely file any
objection to the sufficiency of the Plaintiff’s response not any timely motion to compel. This Court’s
Order Granting Motion for Extension of Time and Order Rescheduling Non-Jury Trial, entered May 3,
1
Revere Mortgage Solutions, Inc. v. Gillespie
2013-CA-115-S
Order Denying Defendant’s Emergency Motion to Cancel Hearing July 18, 2017
2017, provided, in part, the scheduling of this Non-jury Trial does not preclude either party from
filing a timely dispositive motion and having that motion set for hearing.
E. Next, the Defendant alleges and raises the sufficiency of the address being utilized for
Elizabeth Bauerle, n/k/a Elizabeth Bidgood. First, it is not this Defendant’s right to raise issues for
another party. Second, Elizabeth Bauerle n/k/a Elizabeth Bidgood, through counsel, consented to the
entry of a judgment in favor of the Plaintiff on July 5, 2013 (filed July 8, 2013).
F. The Defendant’s allegations concerning the U.S. Postal Service are without merit.
THEREFORE, it is hereby ORDERED as follows:
1. The Defendant’s, Neil J. Gillespie, Emergency Motion to Cancel Hearing July 18, 2017,
filed July 14, 2017, is DENIED.
2. The Non-jury Trial on the present Complaint and all defenses asserted, if any, will
be held before Judge Ann Melinda Craggs in Courtroom 3B, Third Floor, Marion County
Judicial Center, 110 NW First Avenue, Ocala, FL 34475 on July 18, 2017 at 10:00 a.m. Two
(2) hours have been reserved.
3. The Court reserves jurisdiction of the parties and of this cause.
DONE AND ORDERED at Ocala Florida this 14th day of July, 2017.
_______________________________________
Ann Melinda Craggs
Circuit Judge
If you are a person with a disability who needs any accommodation in

order to participate in this proceeding, you are entitled, at no cost to you, to
the provision of certain assistance. Please contact the ADA Coordinator at the
Marion County Judicial Center, 110 NW 1st Avenue, Ocala, FL, 34475 or
(352) 401-6710 at least 7 days before your scheduled court appearance, or
immediately upon receiving this notification if the time before the scheduled
2
2013-CA-115-S
appearance is less than 7 days; if you are hearing impaired or voice impaired,
call 711.
14th day of July, 2017, a true copy of this order was

I HEREBY CERTIFY that on this _______
furnished via U.S. Mail or the Florida Court’s E-Filing E-Portal, to:
Mr. Curtis Wilson, Esquire
McCalla Raymer Leibert Pierce, LLC*
225 E. Robinson Street, Ste. 155*
Orlando, FL 32801
Ms. Colleen Murphy-Davis, AUSA

400 N. Tampa Street, Ste. 3200
Tampa, FL 33602
Gregory C. Harrell, Esquire

General Counsel to David R. Ellspermann
Marion County Clerk of Court & Comptroller
PO Box 1030
Ocala, FL 34478-1030
Oak Run Homeowners Association, Inc.

7480 SW Highway 200
Ocala, FL 34476
Development and Construction Corp. of America

C/o R.A. Priya Ghuman
10983 SW 89th Avenue
Ocala, FL 34481
Agreement dated February 10, 1997; Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Mark Gillespie
Ft. Worth, EX 76123
3
2013-CA-115-S
Unknown Spouse of Mark Gillespie n/k/a Joetta Gillespie

Ft. Worth, TX 76123
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
Elizabeth Bauerle n/k/a Elizabeth Bidgood

8092 SW 115th Loop
Ocala, FL 34481
Unknown Spouse of Elizabeth Bauerle n/k/a Elizabeth Bidgood

n/k/a Scott Bidgood
8092 SW 115th Loop
Ocala, FL 34481
By:____________________________________
Maria I. Berrios
Judicial Assistant
4
Accu-Chek Compass Neil J. Gillespie
Birth Date: 3/19/1956
One Page Summary Report
7/4/2017 - 7/17/2017
Trend Graph
600
550
500
450
400
bG (mg/dL)
350
300
250
200
150
100
50
0
7/4 7/5 7/6 7/7 7/8 7/9 7/10 7/11 7/12 7/13 7/14 7/15 7/16 7/17
2017
Average Day
600
550
500
450
400
350
bG (mg/dL)
300
250
200
150
100
50
0
Night Before After Before After Before After Evening
Breakfast Breakfast Lunch Lunch Dinner Dinner
Target Range
Overall
Below 11.1% (1 test)
Above 88.9% (8 tests)

2
Before Meals After Meals
Above 100.0% (3 tests) Below 100.0% (1 test)
Range Tests Percent Highest bG (mg/dL): 278 Total # of Tests: 9

Above Target ( > 140 mg/dL ): 8 88.9% Lowest bG (mg/dL): 61 Avg. # Tests per Day: 0.6
Within Target ( 70 - 140 mg/dL ): 0 0.0% Average bG (mg/dL): 199.8 Standard Deviation: 67.1
Below Target ( 50 - 69 mg/dL ): 1 11.1% Number of HIs: 0
Hypo ( < 50 mg/dL ): 0 0.0% Number of LOs: 0
Printed: 7/17/2017 Page 1 of 1 Roche Diagnostics
STATE OF FLORIDA )
) SS.:
COUNTY OF MARION )
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon oath
deposes upon personal knowledge and states:
1. I am over the age of eighteen and am competent to testify as to the facts and matters set
forth herein. I make this affidavit upon personal knowledge unless otherwise expressly stated.
2. On June 29, 2017 at 11 :48 PM I deposited in the U.S. Mail, Dunnellon Post Office,
11432 N Williams St., Dunnellon FL, my petition for writ of certiorari to the U.S. Supreme
Court, with imbedded Rule 13.5 Application, and copy of my petition to the Plaintiffs counsel.
3. The next morning, June 30, 2017, I telephoned at 9:05 AM the Dunnellon Post Office
and spoke with Postmaster Wyatt Blankenship about mailing issues I encountered the previous
night. The Postmaster interrupted and asked "that was one going to the Supreme Court?"
4. Postmaster Blankenship requested I come in person to the Dunnellon Post Office to

complete my mailing to the U.S. Supreme Court, to which I agreed.
5. After arriving at the Dunnellon Post Office later that morning, I felt sick. Postmaster
Blankenship called Dunnellon Fire Rescue, who evaluated me. I asked for an EKG heart test.
Fire Rescue offered to transport me to the hospital, which I declined against medical advice.
6. A copy of the Dunnellon Fire Rescue Patient Evaluation Report for me is attached.
FURTHER AFFIANT SAYETH NOT.
(SEAL) ' Dorothy Ramos
S~
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NOTARY PUBLIC
---STATE OF FLORIDA
• Comm# FF958317
Expires 218/2020
My Commission Expires: Z. J '61 w tD
3
CITY OF'nUNNELLON FIREIRESCUE REPORT PATIENT EVALUATION
FDRUN# - - - -
. DISPOSITION
DATE (, /3 o /B DAY M T W TH(E)s SU CITY / COUNTY ---
CASE # ---------------:~-
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PARENT OR GUARDIAN
WHITE COpy (CITY FILE) YELLOW COpy (EMS)

Fannie Mae Single-Family Reverse
Mortgage Loan Servicing Manual
June 21, 2017
4
June 21, 2017
Preface
This Reverse Mortgage Loan Servicing Manual (Manual) incorporates all Fannie
Mae servicing-related guidelines for reverse mortgage loans. While the Manual
sets forth specific servicing requirements unique to reverse mortgage loans,
servicers must continue to comply with servicing requirements in the Fannie Mae
Single-Family Servicing Guide (Servicing Guide) for reverse mortgage loans to
the extent such requirements are not in conflict with the provisions contained in
the Manual. In the event that the Manual and the Servicing Guide are conflicting,
the servicer must follow the requirements in the Servicing Guide. If Fannie Mae
does not specifically address a particular servicing responsibility, Fannie Mae’s
standard requirements apply for reverse mortgage loans.
This Manual covers the standard requirements for servicing reverse mortgage
loans for one- to four-unit properties owned or securitized by Fannie Mae. On
behalf of Fannie Mae, servicers are servicing two reverse mortgage loan
products: conventional Home KeeperTM mortgage loans and FHA HECM loans.
HECM program found in the Department of Housing and Urban Development
(HUD) Handbook 4235.1 REV-1: Home Equity Conversion Mortgages, Handbook
4330.1 REV-5: Administration of Insured Home Mortgages, all related HUD
Mortgagee Letters, and all other guidance provided by HUD. This Manual
includes requirements for HECMs that Fannie Mae imposes as a result of its
purchase and securitization of those mortgage loans and is not intended to
contradict HUD’s requirements. In the event that this Manual and guidance
provided by HUD are conflicting, the servicer must follow HUD’s requirements.
In addition, special rules apply in Texas for both HECMs and Home Keeper
mortgage loans as noted in Fannie Mae Lender Letters and HUD Mortgagee
Letters. Information on how to service these reverse mortgage loans may be
obtained through the servicer’s Servicing Representative or on Fannie Mae’s
website.
Fannie Mae Reverse Mortgage Loan Servicing Manual iii

https://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/hsgh/4235.1
HUD > Program Offices > Chief Human Capital Officer > Hudclips > Handbooks > HUDClips -> Housing Handbooks > HUDClips -> Home Equity
Conversion Mortgages (4235.1)
Handbook WORD
Transmittal PDF
Table of Contents PDF
Chapter 1: General Information PDF
Chapter 2: Borrower Counseling PDF
Chapter 3: Property Analysis PDF
Chapter 4: Mortgage Credit Analysis PDF
Chapter 5: Calculation of Payments PDF
Chapter 6: Closing and Endorsement PDF
Chapter 7: Payment of Mortgage Insurance Premiums PDF
Chapter 8: Assignments PDF
Chapter 9: HUD Servicing PDF
APPENDIX 1: Model Mortgage Form PDF
APPENDIX 2: Model Fixed Rate Note Form PDF
APPENDIX 3: Model Adjustable Rate Note Form PDF
APPENDIX 4: Model Second Mortgage Form PDF
APPENDIX 5: Model Fixed Rate Second Note Form PDF
APPENDIX 6: Model Adjustable Rate Second Note Form PDF
APPENDIX 7: Home Equity Conversion Loan Agreement PDF
APPENDIX 8: Repair Rider to Loan Agreement PDF
APPENDIX 9: Condominium Rider PDF
APPENDIX 10: Planned Unit Development Rider PDF
APPENDIX 11: Shared Appreciation Rider PDF
APPENDIX 12: Shared Appreciation Allonge PDF
APPENDIX 13: Home Equity Conversion Mortgage
PDF
Payment Plan
APPENDIX 14: Notice to the Borrower PDF
APPENDIX 15: Instructions for Completing the URLA and
PDF
Addendum
APPENDIX 16: Certificate of Borrower Counseling PDF
APPENDIX 17: Periodic Disclosure of Interest Rate
PDF
Change for HECM
APPENDIX 18: CHUMS Input Worksheet PDF
APPENDIX 19: Shared Appreciation Worksheet PDF
APPENDIX 20: Factors for Determining Borrower's
PDF
Principal Limit
APPENDIX 21: Home Equity Conversion Mortgage PDF
APPENDIX 22: Payment Calculation Formulas
APPENDIX 23: Instructions For Estab. A PAD Account For
PDF
PDF
5
HECM Loans
7/16/2017 8:41 AM
support the borrower's eligibility. The local HUD Office can
provide information regarding when the three-year waiting period
has passed or that the social security number in CAIVRS is an
error.
4-4TITLE EVIDENCE. The lender must submit a title insurance commitment

at least equal to the maximum claim amount with the borrower's
application to HUD. If the local HUD office has determined that title
insurance cannot be obtained at reasonable rates, an alternative may
be substituted. However, in order to avoid incurring unnecessary
expenses, the lender must review the following borrower eligibility
requirements before ordering a title insurance commitment to be paid
for by the borrower:
A.The borrower's age. All borrowers must be at least 62 years old

and the HUD/VA Addendum (Form HUD 92900-A). The lender should
request evidence of the ages of all borrowers, and accept all
reasonable forms of evidence.
B.The borrower's Federal credit record. The borrower cannot have a

delinquent or defaulted Federal debt that cannot be satisfied at
closing. Payment of an insurance claim by HUD on a previously
insured mortgage does not automatically preclude the borrower
from qualifying for a reverse mortgage if valid extenuating
circumstances caused the foreclosure (see Paragraph 4-3).
___________________________________________________________________________
4-4
4235.1 REV-1
___________________________________________________________________________
(4-4)
C.The borrower's principal residence. The property must be the

principal residence of each borrower, as defined in Paragraph
4-7A. of this chapter. Married spouses or other co-borrowers may
be living apart because one of them is temporarily or permanently
in a health care facility; however at least one borrower must be
living in the home in order for the HECM loan to close.
If, after a review of these requirements, the lender finds that the
borrower is not eligible, the borrower should be notified of his or
her ineligibility, and the application process must cease. The lender
cannot charge the borrower for any services performed after this
determination.
4-5HOME EQUITY CONVERSION MORTGAGES FOR PROPERTY HELD IN TRUST. HUD will
insure HECMs on property held in the name of an inter vivos trust,
also known as a living trust. In general, a living trust is created
during the lifetime of a person [as opposed to a testamentary trust
which is created by the person's will after his/her death]. A living
trust is created when the owner of property conveys his/her property
to a trust for his or her own benefit or for that of a third party
[the beneficiaries]. The trust holds legal title and the beneficiary
holds equitable title. The person may name him/herself as the
beneficiary. The trustee is under a fiduciary responsibility to hold
and manage the trust assets for the beneficiary. The trustee's
responsibilities are set out in a trust agreement.
Property held in a land trust is eligible for a HECM if the

requirements for a living trust are met. Property held in a living
trust is eligible for a HECM if the trust, and the borrowers, meet the
following requirements:
A.Conditions for Origination in the Name of a Living Trust.
1)All beneficiaries of the trust must be eligible HECM

is released [i.e. borrower/beneficiary must occupy the
not be added to the trust]. Contingent beneficiaries, that
receive no benefit from the trust nor have any control over
the trust assets until the beneficiary is deceased, need not
be eligible HECM borrowers.
___________________________________________________________________________
4-5
4235.1 REV-1
___________________________________________________________________________
(4-5A.)
2)The trustee must sign the mortgage, and the mortgage must be
signed by each borrower/beneficiary if necessary to create a
valid first mortgage. The borrower/beneficiary must sign
the Note and Loan Agreement. The lender may require the
signature of the trustee on the Note or the signature of the
borrower/beneficiary on the mortgage.
3)The trust shall not be a party to the Loan Agreement. The

the Loan Agreement on behalf of the beneficiary; i.e. the
payment plan.
4)The lender must be satisfied that the trust is valid and

enforceable, that it provides the lender with a reasonable
means to assure that it is notified of any subsequent change
of occupancy or transfer of beneficial interest, and ensures
that each borrower/beneficiary has the legal right to occupy
the property for the remainder of his or her life.
B.Transfer of the Property Into or From a Trust.
1)The borrower under an insured HECM may transfer the property

to a living trust without causing the mortgage to become due
and payable if the lender finds that the trust meets all
requirements that would have applied if the trust owned the
property at closing. The lender may require the trust to
formally assume the borrower's obligation to repay the debt
as stated in the Note if considered advisable to avoid
difficulty in enforcement of the Note and mortgage.
2)If the trust is terminated, or the property is otherwise

___________________________________________________________________________
4-6
4235.1 REV-1
___________________________________________________________________________
4-6POWER OF ATTORNEY AND CONSERVATORSHIP GUIDELINES. The following

guidelines apply to all phases of HECM loan processing:
A.Mortgage Loan Application.
1) Borrowers with legal competency:
a.All borrowers must sign mortgage loan application.
b.Mortgage loan application may be executed on behalf of

a borrower by an "agent" or "attorney in fact" holding
a durable power of attorney specifically designed to
survive incapacity and avoid the need for court
proceedings.
2) Borrowers lacking legal competency:
a.Incompetent borrower may not sign the mortgage loan

application.
b.Court-appointed conservator or guardian may

execute any necessary documents, including the mortgage loan
application. The lender must provide evidence that the
conservator or guardian has authority to obligate the
borrower.
c.A person holding a durable power of attorney

specifically designed to survive incapacity and avoid
the need for court proceedings, may execute any
necessary documents, including the mortgage loan
application.
(1)To be valid, a durable power of

attorney must be prepared when the "principal" is competent to
understand the nature and significance of the
instrument.
(2)The durable power of attorney

must comply with State laws regarding signatures, notarization,
witnesses, and recordation.
___________________________________________________________________________
4-7
4235.1 REV-1
___________________________________________________________________________
(4-6)
B.Closing Documents. Power of attorney (durable or otherwise) may

be used for closing documents. Any power of attorney must comply
with State law and allow for the Note to be legally enforced in
that jurisdiction.
C.Counseling Session. For borrowers lacking legal competency, the

counseling session may be conducted with a person holding a power
of attorney, or with a court-appointed conservator or guardian.
4-7REQUIRED MORTGAGE CREDIT DOCUMENTATION. After performing a

preliminary eligibility review of the borrower, the lender must submit
the following documents to the local HUD office for Mortgage Credit
Analysis:
A.Uniform Residential Loan Application (URLA) and HUD/VA Addendum

(Form HUD 92900-A). This application must be completed according
to the instructions contained in Appendix 15. At the time that
the lender completes the borrower's application, it must do the
following:
1)Participate in a face-to-face interview with the borrower in

which the information on the application is verified by the
borrower. Exceptions to this requirement are as follows:
a.A face-to-face interview is not required if the

property is at least 50 or more miles from the
mortgagee's nearest office, and a face-to-face
counseling session was conducted. Under these
circumstances, the mortgagee may interview the borrower
by telephone, and must certify as to the date and
person(s) with whom they spoke. The mortgagee must
elicit as complete a picture of the borrower as if a
face-to-face interview were conducted.
___________________________________________________________________________
4-8
4235.1 REV-1
Page 1 of 2
Neil Gillespie
From: <noreply@myflcourtaccess.com>
Sent: Tuesday, July 18, 2017 8:35 AM
Subject: Filing 59132663 Processed - Appellate Courts
Dear Neil J. Gillespie:
This email verifies the processing of your PETITIONS PETITION FOR WRIT OF PROHIBITION; MOTIONS OTHER MOTION NOT
LISTED; NOTICES NOTICE OF FILING; NOTICES OTHER NOTICE NOT LISTED; NOTICES OTHER NOTICE NOT LISTED; NOTICES
APPENDIX/ATTACHMENT TO NOTICE; PETITIONS APPENDIX/ATTACHMENT TO PETITION; PETITIONS APPENDIX/ATTACHMENT
TO PETITION; PETITIONS APPENDIX/ATTACHMENT TO PETITION; PETITIONS APPENDIX/ATTACHMENT TO PETITION; MOTIONS
MOTION TO APPEAR FORMA PAUPERIS by the Office of the Clerk, Supreme Court of Florida.
Status: Docketed
Florida Courts E-Filing Portal Reference Number: 59132663
Filing Date/Time: 07/18/2017 07:24:12 AM
Case Number:
Case Name: NEIL J. GILLESPIE, ETC. vs.REVERSE MORTGAGE SOLUTIONS, INC.
Documents
# Document Type Status Filing Date Not Docketed Reason Your Attachment
EMERGENCY PETITION TO
PETITIONS PETITION FOR
1 Accepted 07/18/2017 CANCEL NON-JURY TRIAL
WRIT OF PROHIBITION
10.00 AM TODAY.pdf
APPENDIX A DEFENDANTS'
MOTIONS OTHER MOTION EMERGENCY MOTION TO
2 Accepted 07/18/2017
NOT LISTED CANCEL HEARING JULY 18,
2017.pdf
APPENDIX B DEFENDANTS’
NOTICE OF FILING U.S.
3 NOTICES NOTICE OF FILING Accepted 07/18/2017
SUPREME COURT PETITION
AND RESPONSE.pdf
APPENDIX 1 Order Dismissal
NOTICES OTHER NOTICE NOT
4 Accepted 07/18/2017 Mar-31-2017, Notice Appeal
LISTED
Mar-27-2017.pdf
APPENDIX 2 NOTICE OF
NOTICES OTHER NOTICE NOT
5 Accepted 07/18/2017 FILING FEDERAL CIVIL
LISTED
RIGHTS COMPLAINT.pdf
NOTICES APPENDIX 3 US Supreme
6 APPENDIX/ATTACHMENT TO Accepted 07/18/2017 Court Clerk's reply letter Mr
NOTICE Higgins Oct-19-2016.pdf
PETITIONS APPENDIX 4 Affidavit of Neil
7 APPENDIX/ATTACHMENT TO Accepted 07/18/2017 Gillespie re Dr. Kassels Jun-
PETITION 12-2017.pdf
PETITIONS APPENDIX 5, AFFIDAVIT OF
8 APPENDIX/ATTACHMENT TO Accepted 07/18/2017 NEIL J GILLESPIE Traumatic
PETITION Brain Injury (TBI).pdf
PETITIONS APPENDIX 6 AFFIDAVIT OF
9 APPENDIX/ATTACHMENT TO Accepted 07/18/2017 NEIL J. GILLESPIE_HECM AGE
PETITION LIMITS.pdf
APPENDIX 7 AFFIDAVIT OF
PETITIONS
NEIL J. GILLESPIE - DEFENSES
10 APPENDIX/ATTACHMENT TO Accepted 07/18/2017
AND CLAIMS IN
PETITION
RECOUPMENT.pdf
MOTIONS MOTION TO APPEAR MOTION TO PROCEED IN
11 Accepted 07/18/2017
FORMA PAUPERIS FORMA PAUPERIS.pdf
Fees
# Description Amount
$300.00
OTHER ORIGINAL PROCEEDING
7/18/2017
Page 2 of 2
REGARDING OTHER PROCEEDINGS

1
NOT LISTED CIVIL
MOTIONS, OTHER MOTION NOT $.00
2
LISTED
BRIEFS, APPENDIX/ATTACHMENT TO $.00
3
BRIEF
4
BRIEF
5
BRIEF
6
BRIEF
7
BRIEF
8
BRIEF
9
BRIEF
10
BRIEF
11
BRIEF
MOTIONS, OTHER MOTION NOT $.00
12
LISTED
Memo:
This is a non-monitored email. If you have questions about this filing, please contact the Office of the Clerk, Supreme Court of
Florida, at Support or 850 488 0125.
Thank you,
Office of the Clerk
7/18/2017
Marion County
Board of County.Comptissioners
Fire Rescue Lr
2631 SE Third St.

Ocala, FL 34471
Phone: 352-291-8000
B
Fax: 352-291-8098
MEDICAL RECORD AND INFORMATION RELEASE
Marion County Fire R scue is hereby authorized and requested by lie,' C;;;· tle-s e· . IS, er'
to furnish to e/~( s:
C, tf~ 1~ , all medical records or other-information r~gardir
treatment, ca re and/or hospitalization of (Ue i ( ,) e c9 i I/e.5£1~ . . · · !·:the,:patient, pr-oVi
by Marion County Fire Rescue to the patient, including but not limited to.~e~fical records or.loformatton-.concen
injuries, illness, disease, psychological or psychiatric impairment(s), drug abuse, alcoholism~.slfk~i:~Jf.anemlaJ
acquired immunodeficiency syndrome (AIDS), or test(s) for, or infection wIth,· human im·munodef:ic)e~y virus (HI
any other medical records or Information from the patient's hospital visit/a~mission, primary phytl~~~b~ . ~ny at
medical provider that the Marlon County Fire Rescue has In its custody or under its control.· . ~.~ .. ::~. :~:'.', ....
I also acknowledge that I have received Marion County Fire Rescue's Summarized No~ice of Privacy Practices•
. *******************************************************************************************,
. .
Date Requested: . S0f 20 ;;Ie> J7 Date of Incident/Service "'Jl2!" /Jl, ~D(7
Patient Name: VJ)e;-/ J (;;;((PS/~(~·· ~ r I
~CJre:< S'cJ 1/6.,l 4 r ~ FL .3l/fJ9/

Contact Number: %2' ~ Z
Signature of Patient/Requestor: ~
...:..-..;.~~-~---,&.~~~~~""--~=---......:~-------------
Th gnature Mu
********************************************************************************************
State of :2lu\ ~ J
County of mcv\).D n
Sworn to (or affirmed) and subscribed before me thlS~O dayof ~ MOnth Year
byIVhJ6-'~
Name of Person Mak1ng Statement
SIgnature of Notary Publ - State of .~
Per:Joniltly Known D Or Produced Identification
Tvpe otldentfflcatfon produc:ed_P_L

__ D_L
!if
_
Stam~I Seal: • • • FELICIA GRASTY "t
~otary Public· State of Florida t
.'. Camm. Expires Jan 25. 20~ I
·)tT1mlsslon II FF 07957'
"Meeting Needs by Exceeding Expectations" , .os • • "~-
www.marioncountyfl.org
RevIsed 9/2'
Patient Care Report Neil Gillespie
Marion County Fire Rescue
Date of Service: 07/18/2017

2631 5E 3RD 5T
OCALA, FL 34471-9101
Run Number: 3605798
(352) 291-8030 Incident Number: 047993

"Partners With Our Community"
Dispatch & Responding I Scene I Destination

Vehicle: R62 Response Priority: Non-Emergency Type of Service: 911 Response (Scene)
Call Sign: R62 Nature Of Call: Sick Person Outcome: Treated, Transported in this
Primary Role: Ground Transport EMD Perfomed: Yes, Unknown if Unit
Crew #1 Name: McCartney, Sarah Pre-Arrival Instructions Transport Priority: Non-Emergency
Crew #2 Name: Morgan, Gronn Given At Scene Miles: 0.00

Response Delay: None/No Delay At Destination Miles: 0.90
Location: 110 NW 1st Ave Transfer to Ambulance: Stretcher
OCALA, Marion, FL 34475 Patient Transported: Semi-Fowlers - Stretcher
Location Type: Public Building
Destination: Ocala Regional Medical Center
Patient Found: At Scene 1431 SW 1ST AVE
# Patients: Single OCALA, MARION, FL 34471
Mass Casualty: No Destination Type: Hospital
Possible Injury: No Destination Reason: Patient's Choice
Acuity at Dispatch: Immediate Medical Assist Condition at Destination: Improved
Transport Method: Ground-Ambulance Destination Delay: Delay 31-60 Minutes
#Pts Transported:
Protocol: Fundamentals of Care
TIMES
Approximate Onset PSAP Dispatch Notified Received Dispatched En Route At Scene
08:4507-18-17 10:2007-18-17 10:2007-18-17 10:21 07-18-17 10:2307-18-17 10:2707-18-17
At Patient Side Scene Transfer Transporting At Destination Destination Transfer In Service Cancel
10:31 07-18-17 10:4707-18-17 10:58 07-18-17 11:3707-18-17 12:02 07-18-17
Air Med.Arrival
PATIENT INFORMATION
Name: Neil Gillespie DOB: 03/19/1956 (61 yrs) Home Country: United States
SSN: 160-52-5117 Sex: Male Home Address: 8092 SW 115TH LOOP
Ethnicity: Weight: 300.00 Ibs 136.08 Kgs OCALA,MARION, FL 34481
Race: VVhite Driver's License:

Advanced Directives: Home Phone:
Belongings: Home Phone 2:
Belongings Left With:
PATIENT COMPLAINTS
Chief Complaintls)
Other (Primary) Anatomic Location Organ System
2 Hours General/Global Global/General
Primary Symptom Other Associated Symptoms
Malaise *Encounter, adult, no findings or complaints
PATIENT HISTORY
Past Medical History
Behavioral Endocrine - Diabetes-Insulin Cardiac - Hypertension Post-traumatic stress disorder,

Psych/Behavior-Depression Dependent unspecified
Neurological - Neuro-Traumatic
Brain Injury
Allergies
No Known Drug Allergy No Known Environmental/Food

Allergies
Rescuenet -ePCR Page 1 of9

Date of Service: 07J18J2017

2631 SE 3RD ST
OCALA, FL 34471-9101
Run Number: 3605798
(352) 291-8030 Incident Number: 047993

Medications
Other - Not Listed

Note: Novalog
Lisinopril
Medical History Obtained From
Patient
ETOH/Drug use: None Reported
PATIENT ASSESSMENT
Body Area Assessments and Comments

Body Area Assessments and Comments
Airway Patent
Breathing Chest Expansion - Symmetrical:
Tachypnea
Circulation Capillary Refill - < 2 Seconds :
Blood/Fluid Loss None Noted
Hemorrhage - None :
Pulses - Radial - Normal (2+)
Head Normal
Face Normal
Neck Normal
Pelvis Normal
Upper Left Arm Normal

Upper Right Arm Normal
Upper Left Leg Normal

Upper Right Leg Normal
Lower Left Leg Normal

Lower Right Leg Normal
Abdomen - Generalized Normal

Back-General Normal
Chest/Lungs Normal
External/Skin Dry:
Warm
Left 2nd (Index) Finger Normal
Left 3rd (Middle) Finger Normal
Left 4th (Ring) Finger Normal

Left 5th (Smallest) Finger Normal
Left Ankle Normal

Left Elbow Normal
Left Forearm Normal

Left Hip Normal
Left Knee Normal

Left Palm Normal
Left Shoulder Normal

Left Thumb Normal
Left Wrist Normal

Mental Status Oriented-Event:
Oriented-Person :
Oriented-Place :
Oriented-Time
Neurological Gait-Normal:
Right 2nd (Index) Finger Normal
Normal Baseline for Patient:
Speech Normal:
Strength-Normal :
Strength-Symmetric
Right 3rd (Middle) Finger Normal

Right 4th (Ring) Finger Normal
Right 5th (Smallest) Finger Normal

Right Ankle Normal
Right Elbow Normal

Right Forearm Normal
Right Hip Normal

Right Knee Normal
Right Palm Normal

Right Shoulder Normal
Right Thumb Normal

Right Wrist Normal
PROVIDER IMPRESSIONS
Primary Impression: MALAISE Secondary Impressions: *No Other Complaint (Adult)
VITAL SIGNS
Respiratory
07/18/2017 10:35 No 202/108 113, Strong, 18 Normal, 98% Not Applicable 349 E4 + V5 + M6 =15
Automated Cuff, Regular Regular
Left arm
GCS has legitimate values without
interventions such as intubation and
sedation
Temp=99.5 F (37.50 C) Skin Temp=Normal Skin Color=Normal Skin Moisture=Normal Lung Sounds Left=Normal BS Lung Sounds
Right=Normal BS Cap. Refill=Normal
Level of Consciousness: Alert; Pain Scale=O; Pain Scale Type=Numeric (0-10);
Heart Rate Measurement=Electronic Monitor - Pulse Oximeter

2631 SE 3RD ST
OCALA, FL 34471-9101
Run Number: 3605798
{352} 291-8030 Incident Number: 047993

Taken by: McCartney, Sarah

07/18/2017 10:44 No 172/91 110, Strong, 14 Normal, 96% 35mm Hg Not Applicable E4 + V5 + M6 =15
Left arm
sedation
Temp=Not ApplicableSkin Temp=Normal Skin Color=Normal Skin Moisture=Normal Lung Sounds Left=Normal BS Lung Sounds
Heart Rate Measurement=Electronic Monitor - Cardiac
07/18/2017 10:54 No 158191 100, Strong, 31 Rapid, 96% 31mm Hg Not Applicable E4 + V5 + M6 =15
Left arm
sedation
Temp=Not ApplicableSkin Temp=Normal Skin Color=Normal Skin Moisture=Normal Lung Sounds Left=Normal BS Lung Sounds
Heart Rate Measurement=Electronic Monitor - Cardiac
TREATMENT SUMMARY
PTA Who performed Authorized by Comments
10:42 No IVIIO Morgan, Gronn Protocol (Standing

Order)
Attempt Number: 1 Complication : None IV Tubing Attached : Macro Drip
Location: Forearm-Right Response: Unchanged Saline Lock Used? : Yes
Size: 18 ga IV Successful : Yes Type: IV
fIA Who Performed Authorized by Comments
10:42 No Normal Saline Morgan, Gronn Protocol (Standing

Order)
Complication: None Dosage: 10 Dosage Units: ml
Rate: Bolus Response: Unchanged Route: Intravenous (IV)
10:42 No Normal Saline Morgan, Gronn Protocol (Standing

Order)
Complication: None Dosage: 500 Dosage Units: ml
Rate: Bolus Response: Improved Route : Intravenous (IV)
10:43 No ECG 4-Lead McCartney, Sarah Protocol (Standing

Order)
Cardiac Rhythm: Sinus Tachycardia Complication: None Response: Unchanged
Successful? : Yes


2631 SE 3RD ST
OCALA, FL 34471-9101
Run Number: 3605798
(352) 291-8030 Incident Number: 047993

TREATMENT SUMMARY CONTINUED

10:44 No ETC02 McCartney, Sarah Protocol (Standing

Order)
Attempt Number' 1 Complication: None Response . Unchanged
Successful' Yes
ADDITIONAL COMMENTS
R62 dispatched IMA to the Marion County Courthouse. Upon arrival, we were directed to the third 'floor. 61 yom is sitting on the floor speaking with the OFD
crew. Pt clc of general malaise. Pt relays that he feels this way when he gets too hot, and he does not have A IC in his car. Pt walked to the stretcher. Pt
monitored enroute to Ocala Regional. 500 cc bolus of NS given. Bed delay on arrival. Pt then assigned to Triage holding. Pt walked to exam chair. Pt report
and TOC given to Jason RN.
( MISCELLANEOUS


2631 5E 3RD 5T
OCALA, FL 34471-9101
Run Number: 3605798
(352) 291-8030 Incident Number: 047993

SIGNATURES
In!! Who signed Reason Unable to Sign
07/18/2017 11 :20 Accept Treatment and Transport Self - Gillespie, Neil
I agree to the treatment provided and request that payment of authorized Medicare IMedicaid andlor other insurance benefits be made to Marion County Fire
Rescue I Marion County Board of County Commissioners for any services furnished to me. I understand that I am financially responsible for the services
and supplies provided to me by Marion County Fire Rescue, regardless of my insurance coverage, and in some cases, may be responsible for an amount in
addition to that which was paid by my insurance. I authorize and direct any holder of medical, insurance, billing or other relevant information about me to
release such information to Marion County Fire Rescue and its billing agents, the Centers for Medicare and Medicaid Services, and lor any other payers or
insurers, and their respective agents or contractors, as may be necessary to determine these or other benefits payable for any services provided to me by
Marion County Fire Rescue, now, in the past, or in the future. I also authorize Marion County Fire Rescue to obtain medical, insurance, billing and other
relevant information about me from any party, database or other source that maintains such information. I agree to assume full financial responsibility for
payment of all charges not covered by my insurance carrier as well as any collection andlor attorney's fees as allowed by law.
07118/2017 11 :21 Notice of Privacy Practices Self - Gillespie, Neil
Notice of Privacy Practices Acknowledgment: by signing below, the signer acknowledges that Marion County Fire Rescue has provided a copy and lor the
opportunity to review its Notice of Privacy Practices. If you have additional questions or comments or require additional copies of our privacy practices, or if
you would like to obtain additional information regarding your privacy rights, please contact our Privacy Officer at: County Fire Rescue 2631 SE Third street
Ocala, FI. 34471. You may also contact our Privacy Officer by phone at: 352 291-8000 or on our website
http://www.marioncountyfl.org/departments-agencies/departments-a-n/fire-rescue/billing.
07118/2017 11:35 Facility Acceptance Nurse (RN) - RN, Jason
I hereby accept responsibility of Neil Gillespie from crew members McCartney, Sarah, Morgan, Gronn.
Rescuenet -ePCR Page 50f9


2631 SE 3RD ST
OCALA, FL 34471-9101
Run Number: 3605798
(352) 291-8030 Incident Number: 047993

CREW INFORMATION
Crew # Name Crew # Name
10223 McCartney, Sarah 10869 Morgan, Gronn
State10 State10
PMD529627 PMD526942
EMT-Paramedic EMT-Paramedic
Primary Patient Caregiver-At Scene, Driver - Response, Driver - Transport,
Primary Patient Caregiver-Transport Other Patient Caregiver-At Scene


2631 SE 3RD ST
OCALA, FL 34471-9101
Run Number: 3605798
(352) 291-8030 Incident Number: 047993

ECG FULL DISCLOSURE REPORT
Physio-Control LIFEPAK 12/15 Defibrillator Full Disclosure Report
7118/2017 10:30:56AM
10:30:56 Power On
10:35:08 NIBP
7/18/2017 10:30:56AM
7/18/2017 10:30:56AM
7/18/2017 10:30:56AM


2631 SE 3RD ST
OCALA, FL 34471-9101
Run Number: 3605798
(352) 291-8030 Incident Number: 047993

7/18/2017 10:30:56AM
10~44: 59 NIBP
7/18/2017 10:30:56AM
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2631 SE 3RD ST
OCALA, FL 34471-9101 Run Number: 3605798
(352) 291-8030 Incident Number: 047993

7/18/2017 10:30:56AM
11:04:37 NIBP
Rescuenet -ePCR
Ocala Regional Medical Center Discharge Summary
1431 SW 1st Avenue
Ocala, FL 34478 (Patient Copy)
OCALA HEALTH SYSTEM
(352) 401-1000 Date: 07/18/2017
Time: 1:02 p.m.
Treating Provider: Ashley Rumnock, ARNP Phone: (352) 401-1137 Fax:
Patient Name: NEIL GILLESPIE MR#: G000380267 Account: G00098873000
Patient Address: 8092 SW 115TH LOOP Phone: (352)854-8707

OCALA, FL 34481
Your Discharge Instructions: Your Medication Education: Your Prescriptions:
DEHYDRATION - ADULTS
WEAKNESS
You should follow up with the following physician in 2 days:
Physician Name: Primary Care Physician Specialty: Primary Care/Family

Address: Phone:
Follow-up Notes: On 07/18/2017 this patient was treated at Ocala Regional Medical Center
for Refer to Discharge Instruction List.
Additional Notes: rest. increase fluids. stay cool. take your diabetic medications as prescribed.
Discharge Summary
C
Ocala Regional Medical Center Discharge Instructions
1431 SW 1st Avenue
OCALA HEALTH SYSTEM Ocala, FL 34478 (Patient Copy)
(352) 401-1000 Date: 07/18/2017
Time: 1:02 p.m.
Patient Name: NEIL GILLESPIE Phone: (352)854-8707
Patient Address: 8092 SW 115TH LOOP

OCALA, FL 34481
Ipatient Discharge Instructions:
DEHYDRATION· ADULTS
Dehydration occurs when there is an excess fluid loss. This occurs from repeated vomiting or diarrhea, profuse sweating or a
high fever. It may occur as a result of poor fluid intake during times of illness. Improper use of diuretics (water pills) is another
cause. Symptoms include thirst, dizziness, weakness and fatigue or excess drowsiness. The diet described below is usually
enough to treat most cases. Sometimes medicine is also needed.
Follow These Instructions Carefully:

1. Drink at least 12 eight-ounce glasses of fluid per day to correct dehydration. This may include water, orange juice and
lemonade (with no pulp), apple, grape and cranberry juice, clear fruit drinks, electrolyte replacement and sports drinks,
decaffeinated teas, and coffee.
2. If you have fever, muscle aching or headache from a viral syndrome, you may use acetaminophen (Tylenol) or ibuprofen
(Motrin, Advil) unless another medicine was prescribed for this. (If under 18 years old, do not use aspirin. There is a chance of
severe liver injury when aspirin is used during a viral illness.)
Follow up with your doctor or this facility if you are' not improving over the next 24 to 48 hours.
Return to this facility immediately or contact your doctor if you begin to have any of the following:
- Continued vomiting (unable to keep liquids down).
- Frequent diarrhea (more than 5 times a day); blood (red or black color) or mucus in diarrhea.
- Weakness, dizziness, fainting or extreme thirst.
- Fever over 101 (oral) for more than 3 days.
I understand that the emergency care I received 'is not intended to be complete and definitive medical care and treatment. EKG's,
X-rays, and lab studies will be reviewed by appropriate specialists and I will be notified of significant discrepancies.
Page 1 of 1
Ocala Regional Medical Center Discharge Instructions
1431 SW 1st Avenue
Ocala, FL 34478 (Patient Copy)
OCALA HEALTH SYSTEM
(352) 401-1000 Date: 07/18/2017
Time: 1:02 p.m.
Patient Name: NEIL GILLESPIE Phone: (352)854-8707
Patient Address: 8092 SW 115TH LOOP

OCALA, FL 34481
Ipatient Discharge Instructions:
WEAKNESS
Your exam shows you have weakness without a known cause. Your weakness does not appear to be of a serious nature
although the exact cause could not be found. Sometimes, a more serious illness will begin with weakness, so watch for the signs
listed below.
Follow These Instructions Carefully:

1. Rest at home today. Do not over-exert yourself.
2. Take your medicine as prescribed.
3. Eat a balanced diet.
Follow up with your doctor or as advised if you are not starting to feel better within 5 days.
Return to this facility immediately or contact your doctor if you begin to have any of the following:
- Worsening of your symptoms.
- Chest, arm, neck, jaw or back pain.
- Dizziness or fainting.
- Trouble breathing.
- Nausea, vomiting, abdominal pain or diarrhea.
- Numbness or weakness of the face, one arm or one leg.
- Slurred speech, confusion, and trouble speaking, walking or seeing.
- Blood in vomit or stool (black or red color).
I understand that the emergency care I received is not intended to be complete and definitive medical care and treatment. EKG's,
X-rays, and lab studies will be reviewed by appropriate specialists and I will be notified of significant discrepancies.
Page 1 of 1
OCALA HEALTH SYSTEM
OCALA REGIONAL MEDICAL CENTER
105290
1431 SW. First Avenue
Ocala, Florida 3 71
(352) 401·1
Name --¥.:..-->_"">O"........->-~&--+'~_:..:::=----1-"'rt--\,.pL---+-r--,;..r-+--."....---------
Address _-"'"'L _
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Dispense As Written
SBFl60404021, 3156 RXM1000A ~ IIEO#IIlER· 731.ODD'
FACts WfTM tEAT
BLUE BACKGROUND REFLECTIVE WATERMARK ON BACK SECURITY FEATURES LISTED ON BACK

OCALA HEALTH SYSTEM
Patient Name:
NEIL GILLESPIE
If you have been referred to a specialist in Cardiology, Gastrointestinal Gastroenterology, or General

Surgery, you will be contacted by ER Foll9W up Appointment Services within 24 hours to schedule your
appointment. If you would like to schedule an appointment and have not received a call, please call us at
352-401-8333
I understand that the emergency care I received is not intended to be complete and definitive medical care
and treatment. I acknowledge that I have been instructed to contact the above physician(s) as indicated for
continued and complete medical diagnosis, care, and treatment. EKG's, X-rays, and lab studies will be
reviewed by appropriate specialists and I will be notified of significant discrepancies. I also understand that
my signature authorizes this Medical Center to release all or any part of my medical record (including, if
applicable, information pertaining to AIDS and/or HIV testing, mental health records, and drug and/or
alcohol treatment) to the follow-up physician indicated above.
I certify that I have received my Discharge Transition Record . The Discharge Transition Record includes
discharge instructions, follow-up care, diagnosis/chief complaint, and major tests or procedures done
during my visit and any changes to my current medications and/or new medications prescribed during my
visit. The Discharge Transition Record has been explained to me and I understand the reason(s) for any
changes to current home medications and/or any new medications prescribed.
Our facility has implemented a patient portal known as MyHealthONE for your convenience. This
confidential site will provide you access to a summary of your care and the results of your tests....even test
results that were not immediately available when you were with us. It is your responsibility to follow up with
your primary care physician or the physician to whom you were referred at the time of discharge, as there
may be incidental or additional findings on the final results that may reqUire your outpatient physician to
address with you. If you have any questions or problems with the enrollment process, please call
MyHealthONE at 1-855-422-6625 to receive expert assistance. Any questions about the information or
results from your visit should be directed to your primary care physician.
Discharge Signature
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-8000
ASSISTANT SECRETARY FOR HOUSING-

FEDERAL HOUSING COMMISSIONER
October 28, 2013 MORTGAGEE LETTER 2013-38
To All Approved Mortgagees
Subject Single Family Foreclosure Policy and Procedural Changes for HUD
Title II Forward Mortgages and HECM Reverse Mortgages; Reasonable
Diligence Requirements; HUD’s Schedule of Allowable Attorney Fees
Purpose The purpose of this Mortgagee Letter is to update:

 HUD’s reasonable diligence timeframes; and
 HUD’s schedule of attorney fees for all jurisdictions.
Effective Date The updated reasonable diligence timeframes will be effective for all cases
in which the first legal action to initiate foreclosure occurs on or after
November 1, 2013.
The updated Schedule of Attorney Fees will be effective for all cases in which
any of the following actions occurs on or after November 1, 2013:
 a first legal action for foreclosure is initiated;
 a bankruptcy clearance is undertaken;
 a possessory action is begun; or
 a deed in lieu of foreclosure is recorded.
Affected Policy The policies set forth in this Mortgagee Letter supersede all prior schedules,
including those outlined in Mortgagee Letter 2005-30.
Reasonable Pursuant to HUD regulation 24 CFR 203.356(b), when foreclosure of a

Diligence defaulted loan is necessary, mortgagees “must exercise reasonable diligence
Requirements in prosecuting the foreclosure proceedings to completion and in acquiring title
to and possession of the property.” The regulation also states that HUD will
make available to mortgagees a timeframe that constitutes “reasonable
diligence” for each state.
www.hud.gov espanol.hud.gov
F
2
See Attachment 1 for details on the first legal action necessary to initiate
foreclosure on a mortgage, the typical security instrument used, and the
reasonable diligence timeframes for completing foreclosure and acquisition of
title in each state. HUD reserves the right to alter these state-specific
timeframes to reflect changing foreclosure completion timeframes and local
docket conditions.
The reasonable diligence timeframe begins with the first legal action required
by the jurisdiction to commence foreclosure and ends with the later date of
acquiring good marketable title to and possession of the property.
Reasonable Mortgagees are responsible for self-curtailment of interest on single-family

Diligence claims when reasonable diligence or reporting requirements are not met.
Compliance: Mortgagees must identify the interest curtailment date on Form HUD-27011,
Self- Item 31. See Attachment 2 for examples on calculating the interest
Curtailment curtailment date.
If a mortgagee determines during its quality control review that it failed to

self-curtail when submitting the claim, it should remit claim-related
payments to HUD through the Claim Remittance feature in FHA
Connection. For more information on remitting payments, see “Quick
Start Guide: Claims Processing Functions” available at
https://entp.hud.gov/qckstart/sfsclaim.cfm.
Reasonable The Protecting Tenants at Foreclosure Act (PTFA) and recently enacted state
Diligence and and local legislation have extended the time required to complete possessory
the Protecting actions in many jurisdictions. While the PTFA does not apply to former
Tenants at mortgagors, some state or local legislation may apply to all occupants. HUD
Foreclosure Act expects mortgagees to comply with all state and local laws when prosecuting
foreclosure and pursuing possessory actions. For more information, see
Mortgagee Letter 2012-06, Changes to FHA’s Occupied Conveyance
Procedures.
The mortgagee must maintain a thorough audit trail and chronology to

support any delay in acquiring possession due to compliance with the PTFA
or any state or local law that extends similar protection to property occupants.
The time required to comply with such legislation will be excluded when
determining compliance with the reasonable diligence requirement.
3
Delays and When caused by circumstances beyond the mortgagee’s control, delays in
Compliance completing the foreclosure process may be treated as exceptions to the
with the reasonable diligence timeframes and may be excluded in calculating the time
Reasonable to complete foreclosure. The following are examples of accepted delays:
Diligence
 Mediation
Timeframes
 Bankruptcy
 Acquiring Possession
The mortgagee must maintain a thorough audit trail and chronology to

support any delay in compliance with the reasonable diligence timeframes.
Delay due to Where mediation is required after the initiation of foreclosure but before the
Mediation foreclosure sale, the time required to complete the mediation may be excluded
when determining compliance with the reasonable diligence timeframe.
Delay due to When a mortgagor files for bankruptcy after the initiation of foreclosure, an
Bankruptcy automatic extension of the reasonable diligence timeframe for foreclosure and
acquisition of the property will be allowed.
 The mortgagee must ensure that all necessary bankruptcy-related legal

actions are handled in a timely and effective manner.
 The case must be promptly referred to a bankruptcy attorney after the
bankruptcy is filed.
 The mortgagee must monitor the action to ensure that the case is timely
resolved.
Mortgagees should note that HUD will only reimburse them for legal
expenses related to resolving bankruptcies associated with claims for FHA-
insured mortgages, if those legal expenses have not already been included in a
loss mitigation option.
The timeframe for completing legal action on a bankruptcy will vary based on
the chapter under which the bankruptcy is filed.
 Chapter 7 bankruptcy: a delay in meeting the reasonable diligence

requirement must not exceed 90 days from the date of the bankruptcy filing.
 Chapter 11, 12, or 13 bankruptcy: a delay in meeting the reasonable
diligence requirement must not exceed 90 days from the date that the
payments under the bankruptcy plan became 60 days delinquent.
Any additional delays due to bankruptcy, beyond the 90-day timeframes

outlined above, must be supported by documentation showing that the delay
was not due to the failure of the mortgagee to timely notify its bankruptcy
attorney or by any failure of the mortgagee’s attorney.
4
Delay due to When a separate legal action is necessary to gain possession following
Legal Action foreclosure, an automatic extension of the reasonable diligence timeframe will
for Acquiring be allowed for the actual time necessary to complete the possessory action.
Possession This extension is granted if the mortgagee takes the first legal action to
initiate the eviction or possessory action within 30 calendar days of:
 the completion of foreclosure proceedings, or
 the expiration of federal or local restrictions on eviction.
The Department is not issuing time frames for the completion of possessory
actions because of the potentially wide differences in completion times due to
the location of the property and other factors outside of the mortgagee’s
control.
Schedule of HUD has updated the attorney fee schedule for the purpose of calculating
Attorney Fees the maximum amount that may be reimbursed in an insurance claim for a
foreclosure attorney fee, bankruptcy clearance fee, possessory action fee, and a
completion of a deed-in lieu fee (See Attachment 3). The fee schedule reflects
the customary legal services performed in regard to mortgage defaults and each
amount shown is the total maximum reimbursable fee, instead of an hourly rate.
The amount claimed for attorney fees must reasonably relate to work actually
performed. Though actual costs for these legal services may potentially exceed
the fees shown in the attached fee schedule, HUD will only reimburse
mortgagees up to the amounts shown on the schedule.
The fee schedule does not reflect additional expenses incurred due to foreclosure
and/or mediation because of the wide differences in costs and lengths of time of
completion, depending on the jurisdictions in which the foreclosure actions are
taking place. Any additional expenses incurred due to required legal actions
such as mediation or probate proceedings are claimable with a documented cost
breakdown and written justification retained in the claim review file.
In the event a legal action is stopped for a loss mitigation option, a

reinstatement, or a payment in full, the attorney fees to be paid by the mortgagor
must be commensurate with the work actually performed to that point.
Additionally, the amount charged may not be in excess of the fee that HUD has
established as reasonable and customary for claim purposes.
Information The information collection requirements contained in this document have

Collection been approved by the Office of Management and Budget (OMB) under the
Requirements Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB
control number 2502-0584. In accordance with the Paperwork Reduction
Act, HUD may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the collection displays a
currently valid OMB Control Number.
5
Questions Any questions regarding this Mortgagee Letter may be directed to the HUD
National Servicing Center at (877) 622-8525. Persons with hearing or speech
impairments may reach this number by calling the Federal Information Relay
Service at (800) 877-8339. For additional information on this Mortgagee
Letter, please visit www.hud.gov/answers.
Signature Carol J. Galante

Assistant Secretary for Housing-Federal Housing Commissioner
ATTACHMENT 1 Page 1 of 2
FIRST LEGAL ACTIONS TO INITIATE FORECLOSURE AND
REASONABLE DILIGENCE TIMEFRAMES
Typical
Type of Reasonable
HUD Normal Diligence
State Security Method of First Legal Action to Timeframe
Code State Instrument Foreclosure Initiate Foreclosure (in months)
01 Alabama Mortgage Non-Judicial Publication 4
11 Alaska Deed of Trust Non-Judicial Recording of Notice of 5
Default
02 Arizona Deed of Trust Non-Judicial Recording of Notice of Sale 5
03 Arkansas Deed of Trust Non-Judicial Recording of Notice of Sale 5
04 California Deed of Trust Non-Judicial Recording of Notice of 7
Default
05 Colorado Deed of Trust Non-Judicial Filing of Foreclosure 7
Documents with Public
Trustee
06 Connecticut Mortgage Judicial Complaint 10
07 Delaware Mortgage Judicial Complaint 9
08 District of Deed of Trust Non-Judicial Notice of Default to Mayor 7
Columbia
09 Florida Mortgage Judicial Complaint 15
10 Georgia Security Non-Judicial Publication 4
Deed
83 Guam Mortgage Non-Judicial Posting and Publishing of 11
Notice of Sale
14 Hawaii Mortgage Judicial Complaint 9
Mortgage Non-Judicial Publication of Notice of 6
Intent to Foreclose
12 Idaho Deed of Trust Non-Judicial Recording of Notice of 8
Default
13 Illinois Mortgage Judicial Complaint 12
15 Indiana Mortgage Judicial Complaint 11
16 Iowa Mortgage Judicial Petition 17
Deed of Trust Non-Judicial Filing of Notice or Voluntary 9
Foreclosure Agreement with
Recorder
18 Kansas Mortgage Judicial Complaint 9
20 Kentucky Mortgage Judicial Complaint 9
22 Louisiana Mortgage Judicial Petition for Executory 8
Process
23 Maine Mortgage Judicial Complaint 14
24 Maryland Mortgage Judicial Complaint 6
Deed of Trust Non-Judicial Filing an Order to Docket 6
25 Massachusetts Mortgage Non-Judicial Filing of Complaint1 8
26 Michigan Mortgage Non-Judicial Publication 9
1
The mortgagee must first obtain a judgment from the Land Court verifying that the mortgagors are not entitled to
relief under the Servicemembers Civil Relief Act (SCRA).
Page 2 of 2
Typical
Type of Reasonable
HUD Normal Diligence
State Security Method of First Legal Action to Timeframe
Code State Instrument Foreclosure Initiate Foreclosure (in months)
27 Minnesota Mortgage Non-Judicial Publication 10
Deed
28 Mississippi Deed of Trust Non-Judicial Publication 9
29 Missouri Deed of Trust Non-Judicial Publication 4
31 Montana Trust Non-Judicial Recording of Notice of Sale 7
Indenture
32 Nebraska Mortgage Judicial Petition 6
Deed of Trust Non-Judicial Publication of Notice of Sale 5
33 Nevada Deed of Trust Non-Judicial Recording of Notice of 7
Default
New 4
34 Mortgage Non-Judicial Publication
Hampshire
35 New Jersey Mortgage Judicial Complaint 15
36 New Mexico Mortgage Judicial Complaint 9
37 New York Mortgage Judicial Complaint 19
North 5
38 Deed of Trust Non-Judicial Notice of Hearing
Carolina
40 North Dakota Mortgage Judicial Complaint 8
Mortgage 12
41 Ohio Judicial Complaint
Deed
42 Oklahoma Mortgage Judicial Petition 9
Recording of Notice of 7
43 Oregon Deed of Trust Non-Judicial
Default
44 Pennsylvania Mortgage Judicial Complaint 11
50 Puerto Rico Mortgage Judicial Complaint 14
45 Rhode Island Mortgage Non-Judicial Publication 6
South 9
46 Mortgage Judicial Complaint
Carolina
47 South Dakota Mortgage Judicial Complaint 10
Deed of Trust Non-Judicial Publication of Notice of Sale 9
48 Tennessee Deed of Trust Non-Judicial Publication 4
Posting and Filing of the 3
49 Texas Deed of Trust Non-Judicial
Notice of Sale
52 Utah Mortgage Judicial Complaint 11
Deed of Trust Non-Judicial
Default
53 Vermont Mortgage Judicial Complaint 14
54 Virginia Deed of Trust Non-Judicial Publication 4
82 Virgin Islands Mortgage Judicial Complaint 15
56 Washington Deed of Trust Non-Judicial
Trustee’s Sale
57 West Virginia Deed of Trust Non-Judicial Publication 5
58 Wisconsin Mortgage Judicial Complaint 12
59 Wyoming Mortgage Non-Judicial Publication 6
CALCULATING THE INTEREST CURTAILMENT DATE
The following examples illustrate how to calculate the date to which debenture interest
can be claimed. This calculation will take into account the date on which the first legal action to
initiate foreclosure was taken and the reporting cycle in which the action was properly reported
pursuant to 24 CFR 203.356(a). Mortgagees will be considered in compliance with the reporting
requirements of 24 CFR 203.356(a) when the case is properly reported to the Single Family
Default Monitoring System (SFDMS) for the reporting cycle (or in the following reporting
cycle) in which the first legal action required to initiate foreclosure is taken.
If one or more time requirements have been missed, the interest curtailment date will be
the date of the earliest missed time requirement. Mortgagees will be responsible for self-
curtailment and must identify the appropriate interest curtailment date on Form HUD-27011,
Item 31 (Mortgagee reported curtailment date).
Example 1: Mortgagee fails to initiate foreclosure on a timely basis.
Date of Default 09/01/2012

Deadline to initiate foreclosure 03/01/2013
First legal action to foreclose 04/21/2013
SFDMS reflects Status 681 for reporting cycle ending 04/30/2013
SFDMS reflects Status1A2 for reporting cycle ending 10/31/2013
Date reflected in Item 9 (Date of possession & acquisition of 11/30/2013
marketable title) of HUD-27011
Date reflected in Item 10 (Date deed or assignment filed for 12/28/2013
record or date of closing or appraisal)
Reasonable diligence timeframe for the State is six months.
In this example, the mortgagee did not initiate foreclosure within six months of the date
of default as required by 24 CFR 203.355(a). The claim system will automatically curtail
interest to March 1, 2013, the deadline to initiate foreclosure six months from the default date.
Example 2: Mortgagee initiates foreclosure on a timely basis but exceeds the State’s reasonable
diligence timeframe for completing the action, without a valid documented reason.

6-month reasonable diligence timeframe for State 11/10/2013
SFDMS reflects Status 1A for reporting cycle ending 12/31/2013
1
First Legal Action to Commence Foreclosure
2
Foreclosure Sale Held
Page 2 of 5
Reasonable diligence timeframe for the State is six months.
In this example, the mortgagee initiated foreclosure within six months of the date of
default as required by 24 CFR 203.355(a) and properly reported the action to SFDMS with
Status 68 within the required reporting cycle. However, the mortgagee did not meet the
reasonable diligence requirement for completing the foreclosure in six months (by November 10,
2013, based on the May 10 initiation of foreclosure). This requires a curtailment of interest to
November 10, 2013, and that date would have to be reflected on Form HUD-27011, Item 31
(Mortgagee reported curtailment date).
Example 3: A timely initiated foreclosure action is delayed by a mortgagor’s Chapter 7

bankruptcy filing, but the mortgagee takes more than 90 days from the date of bankruptcy filing
to resolve the case through dismissal, termination of the automatic stay, or trustee abandonment
of all interest in the secured property. The mortgagee does not document that the delay was not
due to the failure of the mortgagee to timely notify its bankruptcy attorney or by any failure of
the mortgagee’s attorney.

Date Chapter 7 Bankruptcy filed 05/10/2013
Date reflected in Item 21 (Date of release of bankruptcy, if 09/15/2013
applicable) of HUD-27011
End of authorized 90-day bankruptcy delay 11/8/2013
Reasonable diligence timeframe for the State is four months.
In this example, the mortgagee initiated foreclosure within six months of the date of
default as required by 24 CFR 203.355(a) and properly reported the action to SFDMS with
Status 68 within the required reporting cycle. However, the reasonable diligence requirement for
resolving the bankruptcy case and completing the foreclosure was not met. The State reasonable
diligence timeframe for foreclosure completion is four months; without delays, the foreclosure
here should have been completed by August 10, 2013. A 90-day extension is authorized for
resolving a bankruptcy case, so a foreclosure with a 90-day authorized bankruptcy delay should
have been completed by November 8, 2013. The interest curtailment date for claim purposes
would therefore be November 8, 2013, and that date would have to be reflected on Form HUD-
27011, Item 31 (Mortgagee reported curtailment date).
Example 4: A timely initiated foreclosure action is delayed by a mortgagor’s Chapter 13

bankruptcy filing and the mortgagor subsequently defaults on a confirmed bankruptcy plan. The
mortgagee takes more than 90 days from the date that the plan payments become 60 days
Page 3 of 5
delinquent to resolve the case through dismissal, termination of the automatic stay, or trustee
abandonment of all interest in the secured property. The mortgagee does not document that the
delay was not due to the failure of the mortgagee to timely notify its bankruptcy attorney or by
any failure of the mortgagee’s attorney.

Date Chapter 13 Bankruptcy filed 10/09/2013
Mortgagor’s timely Bankruptcy Plan Payments Nov through Feb 08/01/2013
advance Date of Default to
Bankruptcy Plan Payments become 60 days delinquent 04/30/2014
Deadline for mortgagee to meet modified reasonable diligence 07/29/2014
timeframe
Date reflected in Item 21 (Date of release of bankruptcy) of 09/10/2014
HUD-27011
Permissible end of bankruptcy delay (for claims purposes) 11/30/2014
SFDMS reflects Status 1A (Foreclosure Sale Held) for reporting 12/31/2014
cycle ending
Reasonable diligence timeframe for the State is five months.
In this example, the mortgagee properly initiated foreclosure within six months of the
date of default as required by 24 CFR 203.355(a) and reported the action to SFDMS with Status
68 within the required reporting cycle. However, the reasonable diligence requirement for
resolving the Chapter 13 bankruptcy case and completing the foreclosure was not met, and the
mortgagee did not provide any documentation showing that it was not responsible for the delay;
therefore, the mortgagee must self-curtail.
Bankruptcy plan payments, due on the first of each month, became 60 days delinquent on
April 30, 2014. Pursuant to HUD policy, the mortgagee had a maximum of 90 days from
April 30, 2014, to resolve the bankruptcy because no valid reason for further delay was
documented. Accordingly, the bankruptcy should have been resolved no later than July 29,
2014, but in this case, the bankruptcy was released weeks later on September 10, 2014: the
mortgagee failed to meet its reasonable diligence requirement.
For purposes of filing a claim, the total authorized delay due to the bankruptcy was 294
days: the amount of time between October 9, 2013 (the bankruptcy filing date) and July 29, 2014
(the end of the reasonable diligence timeframe as based on the bankruptcy-advanced default
date). This mortgagee’s timeframe for meeting the reasonable diligence requirement then was
the State’s normal foreclosure time period of five months plus the bankruptcy-related 294 days.
Because the mortgagee was permitted a reasonable diligence timeframe of five months plus 294
days after filing the first legal action to foreclose, the interest curtailment date for claim purposes
here would therefore be November 30, 2014, and that date would have to be reflected on Form
HUD-27011, Item 31 (Mortgagee reported curtailment date).
Page 4 of 5
Example 5: The mortgagee exercises reasonable diligence in completing foreclosure but does
not initiate eviction or possessory action within 30 calendar days of foreclosure completion to
qualify for extension of the reasonable diligence timeframe.

Foreclosure Completion Date 10/27/2013
Deadline to initiate possessory action 11/26/2013
Possessory action initiated 12/15/2013
SFDMS reflects Status 1E3 for reporting cycle ending 12/31/2013
Reasonable diligence requirement for the State is six months.
In this example, the mortgagee met the reasonable diligence requirements for initiating,
reporting, and completing the foreclosure action. However, action to acquire possession of the
property was not initiated within 30 calendar days of foreclosure completion. The foreclosure
was completed on October 27, 2013, so the mortgagee had 30 days—until November 26, 2013—
to initiate possessory action. The mortgagee did not initiate possessory action until December
15, 2013, and this delay requires a curtailment of interest to November 26, 2013, and that date
would have to be reflected on Form HUD-27011, Item 31 (Mortgagee reported curtailment date).
Example 6: Mortgagee fails to convey the property to HUD within 30 calendar days of
acquiring possession and marketable title, as required by 24 CFR 203.359.

Deadline to convey to HUD 01/28/2014
Reasonable diligence requirement for the State is six months.
In this example, the mortgagee exercised reasonable diligence in prosecuting the

foreclosure to completion and in acquiring title to and possession of the property. However, it
did not meet the requirement to convey the property to HUD within 30 calendar days of
acquiring possession and marketable title as required by 24 CFR 203.359.
3
Eviction started
Page 5 of 5
Title was acquired by the mortgagee on December 29, 2013, and the mortgagee had 30
days from that date—until January 28, 2014—to convey the property to HUD. The mortgagee
did not file the deed to HUD for recording until February 28, 2014. Accordingly, the
mortgagee’s failure to timely convey the property to HUD requires a curtailment of interest to
January 28, 2014, and that date would have to be reflected on Form HUD-27011, Item 31
(Mortgagee reported curtailment date).
HUD SCHEDULE OF STANDARD ATTORNEY FEES – EFFECTIVE 11/1/2013
Non-judicial Judicial Bankruptcy Possessory
State Foreclosure Foreclosure Clearance Action Deed-in-lieu
13
AK $1,250 Varies $375 $400
AL $9001 Varies13 $375 $400
AR $1,050 Varies13 $275 $400
AZ $925 Varies13 $275 $400
CA $1,000 Varies13 $525 $400
CO $1,225 Varies13 $275 $400
CT $1,7002 Varies13 $375 $400
DC $6501 Varies13 $375 $400
DE $1,350 Varies13 $325 $400
FL $2,250 Varies13 $375 $400
GA $9001,3 Varies13 $375 $400
GU $1,250 Varies13 $375 $400
HI $1,250 $2,400 Varies13 $525 $400
IA $850 $1,300 Varies13 $325 $400
ID $1,050 Varies13 $375 $400
IL $1,7505 Varies13 $325 $400
IN $1,5006 Varies13 $325 $400
KS $1,250 Varies13 $325 $400
KY $1,700 Varies13 $375 $400
LA $1,350 Varies13 $325 $400
MA $2,000 Varies13 $625 $400
MD $2,1001,3 $1,600 Varies13 $375 $400
ME $1,750 Varies13 $525 $400
MI $1,0007 Varies13 $325 $400
MN $1,025 Varies13 $325 $400
MO $950 Varies13 $325 $400
MS $9001 Varies13 $375 $400
MT $1,000 Varies13 $375 $400
NC $1,1508 Varies13 $375 $400
ND $1,250 Varies13 $325 $400
NE $9009 $900 Varies13 $325 $400
NH $1,150 Varies13 $425 $400
NJ $2,425 Varies13 $375 $400
NM $1,500 Varies13 $275 $400
NV $1,100 Varies13 $375 $400
NY $2,00010 Varies13 $725 $400
OH $1,700 Varies13 $325 $400
OK $1,4505 Varies13 $275 $400
OR $1,000 $2,050 Varies13 $375 $400
PA $1,65011 Varies13 $425 $400
PR $1,50012 Varies13 $300 $400
RI $1,300 Varies13 $525 $400
SC $1,650 Varies13 $375 $400
Page 2 of 2
Non-judicial Judicial Bankruptcy Possessory
State Foreclosure Foreclosure Clearance Action Deed-in-lieu
SD $600 $1,250 Varies13 $325 $400
TN $9001 Varies13 $375 $400
TX $900 Varies13 $325 $400
UT $925 $925 Varies13 $275 $400
VA $9251,3 Varies13 $375 $400
VI $1,800 Varies13 $300 $400
VT $1,700 Varies13 $375 $400
WA $1,000 Varies13 $375 $400
WI $1,500 Varies13 $325 $400
1,3
WV $1,000 Varies13 $375 $400
WY $1,000 Varies13 $375 $400
Footnotes:
(1) The fee covers the combined attorney and notary’s fees.
(2) This fee applies to strict foreclosures. If the foreclosure orders a Foreclosure by Sale,
the fee will be $1,950.
(3) The fee covers both the attorney fee and the trustee’s commission (or statutory fee).
(4) The fee includes reimbursement of any fee for the attorney’s certificate of title.
(5) The fee increases by $100 if foreclosure is achieved by summary judgment.
(6) In addition to the allowable foreclosure fee, an auctioneer’s fee of up to $250 is
allowed for the services of a state licensed auctioneer requested by the mortgagee and
approved by the court.
(7) The fee increases to $1,100 for a non-judicial foreclosure for a case in which the
attorney provides services for “proceedings subsequent” that involve registered land.
(8) The fee includes the notary’s fee. An additional fee of $250 is allowed for an
attorney court appearance for a foreclosure hearing.
(9) This fee relates to the exercise of the power of sale under a deed of trust.
(10) This fee applies to foreclosures other than those conducted in New York City and
Long Island. A fee of $2,400 applies to foreclosures conducted in the five boroughs
of New York City (Bronx, Brooklyn/Kings, Manhattan, Queens, and Staten Island)
and in Long Island (Nassau and Suffolk Counties).
(11) The fee covers certain additional legal actions necessary to complete the foreclosure,
including motions to postpone or relist a sale and motions to reassess damages.
(12) In addition to the allowable foreclosure fee, $150 is allowed for a notary fee for
completed foreclosures. However, if a deed of judicial sale cannot be executed
simultaneously with the foreclosure sale, $300 is allowed for the notary fee.
(13) This fee assumes that all required procedural steps have been completed. The
maximum attorney fee varies based on the chapter under which the bankruptcy action
is filed.
 For Chapter 7 bankruptcies, the maximum allowable fee is $650.
 For Chapter 11, 12 and 13 bankruptcies, the maximum allowable fee is $1,000.
IN THE CIRCUIT COURT OF THE FIFTH ruDICIAL
CIRCUIT IN AND FOR MARION COUNTY Fl~ORIDA
REVERSE MORTGAGE SOLUTIONS, INC.
Plaintiff
VS. CASE NO.: 2013-CA-OOO"l J 5
MARK. GILLESPIE, ET.AL.
Defendants.
-----------------_/
DEFENDANT MARK GILLESPIE'S VERIFIED MOTION TO V,LO\CATE FINAL
JUDGMENT OF FORECLOSURE AND CANCEL SEPTEMBER 19, 2017
FORECLOSURE SALE
COMES NOW the Defendant, 'M.ARK GILLESPIE, by and through undersigned
counsel and hereby files this his Verified Motion to Vacate Final Judgment of Foreclosure and
Cancel the September 19, 2017 Foreclosure Sale and in support thereof states as follows:
1. On July 18) 2017, a Non-Jury Trial was conducted in the above-noted matter, and
a Final Judgment of Foreclosure was entered and a foreclosure sale was scheduled for Septembe~
19,2017.
2. Florida Rule of Civil Procedme 1.540 affords relief from a Final Judgnlent due to
the following: (1) ~{istake, inadvertence~ swprise, or excusable neglect~ (2) newly discovered
evidence which by due diligence could not have been discovered in time to move for a new trial
or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic)., misrepresentation,
or other misconduct of an adverse party; (4) that the judgment or decree is void~ or (5) that the
judgment or decree has been satisfied, released) or discharged, or a pnor judgn1ent or decree
G
It
r -.•: . •.:•: .-
:.: :.: . : . : :-
upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that
the judgnlent or decree should have prospective application.
3. Because the Plaintiff, Reverse Mortgage Solutions, Inc.) failed to establish the
occurrence of a condition precedent to its right to foreclose on the subject property, the Final
Judgment entered on July 18:- 2017 is void.
4. On June 5) 2008) Mrs. Penelope Gillespie signed and executed an adjustable rate
note secured by a home equity conversion mortgage, or what is commonly referred to as a
"reverse mortgage." Mrs. Gillespie's two sons, Mark J. Gillespie and Neil Gillespie also signed
the above-noted note as uco-borrowers". A reverse mortgage allows elderly homeowners to
receive monthly payments from a lender based upon the homeowners' equity in their principal
residence. Instead of the more conventional mortgage arrangement - where the borrower
receives a lump sum from a lender, and then repays the lender over time with monthly payments
- generally, in a reverse mortgage arrangement, the lender makes monthly payments to the
elderly homeowners) and the homeowners' obligation to repay the lender ripens only upon the
homeowners' death or when the homeowners move from their home. See.. e.g., Bennett v.
Donovan, 703 F.3d 582) 584-85 (D.C. Cir. 2013).
5. Since Mark J. Gillespie and Neil Gillespie are co-borrowers under the mortgage)
the Final Judgment of Foreclosure entered on July 18, 2017 should never have been entered, and
is de facto a void judgment, because under the ter.ms of the reverse mortgage, foreclosure is
prohibited until either Mark J. Gillespie or Neil Gillespie dies, or until one ofthern no longer
nlaintains the property as his principal residence.
6. As of the filing of this Motion, both Mark J. Gillespie and Neil Gillespie are both
very much alive, and Neil Gillespie still maintains the subject property as his principal residence.
···· .. ······················~_· •••_·····w········,·.··· , ....•......"'._.••..•_ ._ _ _

7. It is axiomatic that in a mortgage foreclosure action a plaintiff must plead and
prove the occurrence of all conditions precedent. 5'ee Konsulian v. Busey Bank, N.A~., 61 So. 3d
1283, 1285 (Fla. 2d DCA 2011).
8. Consistent with the requisites of 12 U.S.C. § ] 715z-20(j) governing reverse
mortgages insured by I-IUD~ the subject mortgage contains plain language expressly providing as
follows:
(j) Safeguard to prevent displacement of homeowner
The Secretary may not insure a honle equity conversion mortgage under this
section Wlless such mortgage provides that the homeowner's obligation to
satisfy the loan obligation is deferred until the homeowner's death, the sale of
the home, or the OCCUJTenCe of other events specified in regulations of the
Secretary. For purposes of this subsection, the term "homeowner" includes
the spouse of a conditioning the lender's acceleration and foreclosure rights
n
on the death of any "Borrower whose principal residence is the property
encumbered by the Inortgage.
9. Because Mark J. Gillespie and Neil Gillespie) the co-borrowers) are both still
alive, and because Mrs. Penelope Gillespie's death is the sole ground alleged for Reverse
Mortgage Solutions' acceleration and foreclosure, then a condition precedent to the lender's nght
to foreclose has not occurred, thereby precl'uding the lender~s foreclosure action at the outset.
10. A judgment is void, as a matter of law, where the Cou.rt rendering the judgment
lacked jurisdiction, or where a party lacked proper notice that the other party applied to the COUIt
for a Final Judgment. Windell v. Dorr, 497 SO.2d 940 (Fla. 1st DCA 1986).
11. Because a condition precedent to the Plaintiff., Reverse Mortgage Solutions,
attempt at acceleration and foreclosure had not occurred, the Plaintiff had no standing to even
bring this action, thus rendering the July 18) 2017 Final Judgment of Foreclosure void.
12. Furthermore, Rule 1.540 (b) (4) specifically provides for relief from a void Final
Judgment. On a proper motion, a trial court must set aside a void judgment, and Florida Courts
have routinely held that a trial court has no discretion and is obligated to vacate such ajudgment.
See Horton v. Rodriguez Espaillat Y Asoci£ldos, 926 So.2d. 436 (Fla. 3rd DCA 2006).
13. The Defendant, MARK J. GILLESPIE, hereby requests that this Honorable
Court vacate the Final Judgment of Foreclosu.re entered on July 18, 2017 and enter an Order
canceHin.g the foreclosure sale scheduJ ed tor September 19, 2017,
WHEREFORE, the Defendant, respectfully requests that the Court enter its Order
granting the instant Motion, vacating the Final Judgment of Foreclosure and directing the Clerk
to cancel the September 19, 2017 foreclosure sale in this matter and providing such other and
further relief as it deems just and proper
DATED this Ia day of August, 2017
lsi Justln R. Infuma Esq., LL.M.

The Infurna Law Firm, P.A
Florida Bar. No. 0084284
Attorney for Defendants
Telephone: (800)-774-1560
Fax: (407)-386-3419
lY~li!!.a£i!!.fUI114.!aV~,.coln
VERIFICATION
I decla.·e nnde." penalty of perjury that I have read the foregoing Vet·ified Motion
and that the fa~ts alleged are true and accurate to the best of my knowledge and
belief.
Sworn and subscribed before me on, August.1O-, 2017 by Mark J. Gillespie) who--UL)..
is .personally known to me \;)leA produced If!YPs" \x'\\JeQ \~~s
identification and who took an oath.
'. .' NOHELY DOMI.NG.UEZ

Notary Public
'TATE 0' TIXAI
• . .1Ifc--.. . . . . .
. 1Df111t1U1t
I HEREBY CERTIFY that a true and con·ect copy of this docunlent is being
served on the date of the filing of this document via the e-portaJ to all parties of record.
Is/ Juab" R. Infyml

Justin R. Infuma, Attorney
Filing # 67822570 E-Filed 02/12/2018 12:23:58 PM

CASE NO.: 2013-CA-000115

$50,001-$249,999 (Contested)
pro se, and gives notice to the Clerk to re-open this case as active, USSC PETITION NO. 17-
7053 DISTRIBUTED FOR CONFERENCE OF FEB-16-2018, and states:
1. The Untitled States Supreme Court (USSC) distributed on January 25, 2018, Petition No.
17-7053 for conference of February 16, 2018, showing this case is active, and has been active
since the petition was docketed on December 11, 2017.
2. USSC Petition No. 17-7053 is a petition for writ of certiorari to the Florida Supreme
Court case SC17-1570, Lower Tribunal No(s).: 5D17-2273; 422013CA000115CAAXXX.
3. Evidence that the Untitled States Supreme Court (USSC) has distributed Petition No. 17-
7053 for conference on February 16, 2018, showing this case is active, and has been active since
the petition was docketed on December 11, 2017, appears in the official records of Marion
County, Book6710/Page1677 CFN#2018010612. A certified copy of the six page official record
of Marion County for USSC Petition No. 17-7053 is attached.
4. The USSC docket in Petition No. 17-7053 shows Curtis A. Wilson, Counsel of Record,
of McCalla Raymer Leibert Pierce, filed a waiver of right of respondent Reverse Mortgage
Solutions to respond on January 9, 2018.
5. Evidence in this case shows a USSC Rule 44 Rehearing is justified if Petition No. 17-
7053 is denied. Rule 44.1 provides in part, “Any petition for the rehearing of any judgment or
decision of the Court on the merits shall be filed within 25 days after entry of the judgment or
decision, unless the Court or a Justice shortens or extends the time.

8092 SW 115th Loop

Tel. 352-854-7807
2


Telephone: (800)-774-1560; Fax: (407)386-3419

Neil J. Gillespie
STATE OF FLORIDA ) 1111111111111111111111111111111111111111

) SS.: DATE: 02/03/2015 11 :55:32 AM
DDS: $0 MDS: $0 INT: $0
\ \
..
" ~:.

1=l--'bL
r
Expires 02127/2015
~(?JI(s2. Lr0L

.._'_)5 _

Office of the Clerk
Scott S. Harri.
Clerk or the Court
(202) 479·3011
December 11,2017
111111111111UIIIIIIIIOIIIIID11111111
Mr. Neil J. Gillespie DAVID R ELlSPERMANN CLERK & COMPTROLLER MARION co
8092 SW 115th Loop DATE: 02/02/2018 02:35:12 PM
FILE #: 2018010612 OR BK 6710 PGS 1677-1682
Ocala, FL 34481
REC FEES: $52.50 INDEX FEES: $0.00
DDS: $0 MDS: $0 INT: $0
Re: Neil J. Gillespie

v. Reverse Mortgage Solutions
No. 17·7053
Dear Mr. Gillespie:
The petition for a writ of certiorari in the above entitled case was filed on
November 24, 2017 and placed on the docket December 11, 2017 as No. 17·7053.
A form is enclosed for notifying opposing counsel that the case was docketed.
Sincerely,
bY~\~
Clayton Higgins
Case Analyst
Enclosures

Office of the Clerk
Scott S. Rarrla
Clerk of the Court
(202) ..79-3011
December 11,2017
Clerk
. - :Re:·-Neil.J.-Gillespie- - _. - - .---
No. 17-7053
(Your No. SC17-1570)
Clerk:
ember 24, 2017 and placed on the docket December 11, 2017 as No. 17-7053.
Sincerely,
by
Clayton Higgins
Case Analyst

https://www.supremccourt.gov/Search.aspx?FileName=/docket/docketfileslhtml/public\17-7053.html
~>"'I Search documenta In thl. c_:1 Search I

No. 17-7063
Title: Nell J. G......, Petitioner

v.
Reve,.. Mortgage Solution.
Docketed: Decerrt>er 11. 2017
LowerCt: Suprerm Court of Florida
Case Nurmers: (SC17-1570)
Decision Date: August 25. 2017
Nov 24 2017 Petition for a writ of certiorari and motion for leave to proceed in forTYII
pauperis filed. (Response due January 10. 2018)
MotIon for Leav. to Proceed In Fonna

Pauperl. Petition Appendix Proof of Service
Jan 092018 VVaiver of right of respondent Reverse Mortgage Solutions to respond filed.
Jan 252018 DISTRIBUTED for Conference of 2/16/2018.
NAME ADDRESS PHONE
Attorney. for Petitioner
Net! J. Gillespie 8092 SW 115th Loop (352) 854-7807

ocala. FL 34481
neilg'llespiegrm.net
Attorney. for Re.pondent
Curtis A VVilson McCalla Raymer Leibert Pierce 407-e74-1860

Counsel of Record 225 E. Robinson St, Suite 155
Orlando. FL 32801
Party name: Reverse Mortgage Solutions

http://www.pa.marion.fl.us/mcpa-prc/DEFA ULT.aspx?key=2703946&YR=2018
Marion County Property Appraiser

Villh: M. SOlilh, (;FA, ASA
PotMred by (70 9'C Trlnallte
BOIm Search Previous Parcel Next Parcel TRIll Notice TRIll Supplement Addres. Change Porm Sales Verification Form
GO TO
2018
7013-007-001
Prime Key: 2103946 AS of 1/31/2018
Property Information
GILLESPIE NEIL J Taxes I Assessments: M.S.T.U.
8092 8M 11STH LOOP Map 1D: 114 PC:. 01
OCALA FL 34481-3561
Millage: 9002 Acres: 0.1
Situs: 8092 SW 115TH LOOP OCALA
I~· ·=·= = = = = = = = = = = = = = = = = = =V=.= lU=E=:=:=O=:=~=BT=:._:.:.: .:=~V=_._=:~=i=.~=~=.=l=-e=-:. :_=_= . . .===_:.._=-=-==_.-:_=_===_=_==-_=-=-=". -=-.=.-=-=._-.=-_-=-=--_-_-_ -_~- . ..I
. -_-.-_-_. . "_
History of Assessed Values
IB!?i":{~<~.;;;.'~ '. .~ ..~~~_~:~ ..!.~L· .. /J·:;..i:~~i;!(.,~~.!1';.{;~-::~:\-':'~('[:~~; .....,....~. ".1.. ~ '''i:::.%<~:''~~''''''t.,~ 1fUU1e, VIJ..
•.
2017 $7,000 $79,730 $1,255 $87,985 $70,461 $45,961 $24,500
~016 $9,000 $76,413 $1,271 $86,684 $69,012 $44,512 $24.500
...
2015 $8,500 $58,960 $1, 07::Z $68, 53::Z $68,532 $44,032 $24,500
Property Transfer Hist01Y

~"- ;~. ~; ,(:Ft ~~:~~t~,j.;,; .~.• ~.U\ ~~,:~, .J;'~;;it J.'.:" ,j~ l ~;;tL~:~:j;r:~ ,,~i , .Qt"'. vII 'rio.
6153/1144 01/2015 08 CORUCTIV2 0 u I $100
6153/1143 01/2015 05 QUIT CL 7 PORTIONUND INT u I $100
5949/0022 09/2009 71 DTH eRR 0 u I $100
5308/0647 09/2009 74 PROBATa 0 u I $100
06611/1212 10/2006 08 CORRECTIVE 0 u I S100
3244/0128 09/2002 71 om eRR 0 u I $100
3249/0438 02/1997 74 PROBATI 0 u 1 $100
2336/1332 02/1997 78 TRUSna 0 u I $100
1954/1794 08/1993 07 NAR.RAN'l'Y 3 DINRLOPBR SALE u 1 $75,100
Property Description
SEC 36 TWP 16 RGE 20

PLAT BOOK 002 PAGE 106
OAlC RUN WOODSIDE TRACT
BLX G LOT 1
Parent Parcel: 7000-000-100
Land Data - warning: Verify Zoning

PH!::~.~~ .. ::·:;J'rii~ll·· . ~~·)i':.IiU.i~~L~;)~ii41.~.\~·~~L:~.'''~' .... ~.:;:;~~.~:\:·,, __t~L:.· "J.oO . • • l,. ._' ';',..' _..Cl••• :~ Val.u., a.u.t V.l~.
0100 38.0 120.0 POD 1.00 LT 7000.0000 1.00 1.00 1.00 7000 7000
Neighborhood 8024 - OAIC RUNI3, 14, IS COMMON WALL PA
Mkt: 9 70
Building 1 of 1
RES01-U12UIR1U4LIIU33R30DSOL16L4.R4
P'GR02-R16D21LI6U21. L4U12
POP03-U1R1U4Ll1DSR10.
PT004-LIOLSD17R1SUSU12.

http://www.pa.marion.fl.us/mcpa....Pfc/DEFAULT.aspx?key=2703946&YR=2018
RESCI ]()
33
50
"
PTI';':
F(;P:':', 11
5
1O
10
J.
'1
12 12
17
. 16
~GR:.? 16
,§
5
21 21
'6
Building Characteristics
IaproY. .ent CR-RESIDENTIAL Year Built 1993
.ffeetlYe Age 3 - 10-14 YRS Phyaical Deterioration t
CODdition 2 - 2 Obaoleacence. Punctional ,
Quality Grade 700 - GOOD Obaoleaceace. Locational ,
Architecture 1
In8pected on 8/21/2015 by 197 Baae Perimeter 162
RES 01 32 CONe BLIC-STUCO 1.00 1993 N

."t~.
o ,
_"t'o ~~' ~n 1'1~
t
Ana Total .1r Ar•• '
1,326 1,326 SF
FGR 02 32 CONe BLJC-STUCO 1. 00 1993 N o, o, 336 336 SF
FOP 03 01 NO EXTERIOR 1.00 1993 N o , o, 54 S4 SF
PTO 04 01 NO EXTERIOR 1. 00 1993 N o , o , 255 255 SF
Section: 1
Roof Style 10 GABLE Floor Piniab 24 CARPET .edroc.a 2 BIt-In Kitcben y
Roof Coyer 08 FBRGLASS SHNGL Wall rlaiab 16 DRYWALL-PAINT trixaatb o Diabwa.ber y
.eat "tb 1 2 0 HEAT PUMP .eat ruel 1 10 ELECTRIC 3rixBatb 2 Garb Di.po.al y
Beat . .tb 2 00 Beat ruel 2 00 2rixaath o Garb_ve Compactor N

FOWldatlon 6 MONOLITC SLAB Pireplace. 0 XPixture 2 Intercoa N
A/e y VacuWl N
ml-.,,{ i'~~Y~c;:,
159 PAV CONCRETE
'. ' ;\ ... .1;: ~'" d," '.
544.00 SF 20
".:;'
Miscellaneous Improvements
,.:~ji~:;·;'i:>P:"· __~$'.~;"'" ::~.; ~'r:i'"'?;" .'X>
1993
IA y.u
",~- 3
.,..,tJa
34.0
Width
16.0
Depr Va1ue
159 PAV CONCRETE 92.00 SF 20 1993 3 23.0 4.0
120 FENCE MASONRY 1.30.00 SF SO 1993 3 0.0 0.0
Appraiser Notes
MODBL-NANTUCUT
RST tNT
('. .~);~....... ~.;;:,i\:;C·;f",::·.: '~"..

.*
Planning and Building, county
Pel~it Search
.:.k;:~:·ji;:":{~i·4;;>~i~. . . . ~..r.:iJ,\!}:~:.~. . . . 'D.i~.~;;;~~
Pex~it Search
;::.~e~e" D.tet. Deacr.lptl_.j;\

MA64923 $34,040 8/1/1993 8/1/1993 SFR • VILLA
c
r::.

GEORGE ALBRIGHT NOTICE OF AD VALOREM TAXES & NON-AD VALOREM ASSESSMENTS
MARION COUNTY TAX COLLECTOR REAL ESTATE 2703946.0000
DupLICATE TOTAL TAXES IF PAID BY
DEC 31 2017 JAN 31 2018 FEB 28 2018 MAR 31 2018 APR 30 2018 PAST DUE ON
816.58 825.00 833.42 841.84 867.10 APR 1 2018
ACCOUNT NUMBER
R7013-007-001 2017 I EX·TYPE I ESCROW
2325
I MILL CD
9002
I REMIT U.S. FUNDS TO: GEORGE ALBRIGHT, T. C.
PO BOX 970, OCALA, FL 34478 PH (352) 368-8200
MARKET VALU 87,985 TAXES 549.96
ASSESSMENT 70,461 SP. ASMT 291.88
TAXABLE 24,500
HOMESTD 25,000
ADDL HX 20,461 36 16 20
DISBLTY 500 SEC 36 TWP 16 RGE 20 PLAT BOOK
002 PAGE 106 OAK RUN WOODSIDE
TRACT BLK G LOT 1
R7013-007-001 2017 *** PAID *** PAID *** PAID ***

GILLESPIE NEIL J 12/01/17 PERIOD 02
8092 SW 115TH LOOP 995-2017-0009932.0001
OCALA FL 34481-3567 $816.58 CC
Paid By: NEIL J GILLESPIE
Return Bottom Section with Payment - Keep remaining portion for your records.
PLEASE READ INSTRUCTIONS AND IMPORTANT INFORMATION
If you have sold any of the property assessed to you, please forward this Tax Notice to the newowner(s) or return to sender. Please verify description
of property. If any errors are found on this Tax Notice, notify the Property Appraiser's Office immediately. This Tax Notice covers taxes for the calendar
year as described hereon.
PIea'f! remit payment by mail, in person, or by visitiOA our website at www.mariontax.com. Do not staple, fold or write on the bottom portion of this Tax Notice.
If paying current taxes by mail, discounts are detemtined by the POSTMARK date. Discounts are calculated as follows:
ANNUAL PAYMENT INSTALLMENT PAYMENT
4% IF PAID IN NOVEMBER 1st IF PAID IN JUNE 6% DISCOUNT
3% IF PAID IN DECEMBER 2nd IF PAID IN SEPTEMBER 4%% DISCOUNT
2% IF PAID IN JANUARY 3rd IF PAID IN DECEMBER 3% DISCOUNT
1% IF PAID IN FEBRUARY 4th IF PAID IN MARCH NO DISCOUNT
Taxes are due November 1 and become delinQuent April 1, at which time the law imposes 3% interest plus advertising fees on Real Estate taxes and 1%%
inte~est per month plus advertising and late fees on Tangible Personal Property taxes. Once taxes are delinquent on April 1. the amount due is determined
when the payment is RECEIVED in our offICe.
Tax sale certificates will be sold on aU unpaid Real Estate taxes on or before June 1st. Tax Warrants will be Issued on all unpaid TanQible Personal Property
ta~,es pursuant to Chapter 197 F.S. This Tax Notice becomes a receipt only when validated by the Tax Colledors Office and the actual transfer of funds is
completed. To Better Serve YOU ••• PAY ONLINE At www.mariontax.com

Or At These Locations:
OCALA - McPherson Governmental Complex, 503 SE 25th Ave
BELLEVIEW - Belleview Regional Shpg Ctr, 10445 S US Hwy 441 FOREST - Forest Center, 15956 E SR 40
DUNNELLON· Rainbow SPQs. GOY. Complex, 19995 SW 86th St. SR 200 - Jasmine SQuare. 6154 SW SR 200
NORTH - Ocala Springs Shopping Center, 7135 N US Hwy 441 SUMMERFIELD - Spruce Creek Terrace Shops. 17860 SE 109th Ave.

DUPLICATE TOTAL TAXES IF PAID BY
816.58 825.00 833.42 841.84 867.10 APR 1 2018
ACCOUNT NUMBER
R7013-007-001 2017 I EX-TYPE I ESCROW
2325
I MILL CD
9002
I REMIT U.S. FUNDS TO: GEORGE ALBRIGHT, T. C.
PO BOX 970, OCALA, FL 34478 PH (352) 368-8200
TAXABLE 24,500
HOMESTD 25,000
ADDL HX 20,461 36 16 20

TRACT BLK G LOT 1
R7013-007-001 2017 *** PAID *** PAID *** PAID ***

8092 SW 11STH LOOP
OCALA FL 34481-3567 995-201~~~~~~: C
J"~~rco;;;.;T.v.'" of
r6't~~\~~ thi
Paid By: ~. '!'Il L~'~IeA\il
'-".~~~",.",.,~~",:
fC·. ··/~ CI rk f
Be
'\1C'~\ ItC~~- Y. -=_=-_~&=-~p=a::=.;;=:t
" ""I-"~'-

Filing # 67823484 E-Filed 02/12/2018 12:34:01 PM

CASE NO.: 2013-CA-000115

$50,001-$249,999 (Contested)
pro se, and gives notice to the Clerk to re-open this case as active, USSC PETITION NO. 17-
7054 DISTRIBUTED FOR CONFERENCE OF FEB-16-2018, and states:
1. The Untitled States Supreme Court (USSC) distributed on January 25, 2018, Petition No.
17-7054 for conference of February 16, 2018, showing this case is active, and has been active
since the petition was docketed on December 11, 2017.
2. USSC Petition No. 17-7054 is a petition for writ of certiorari to the Florida Supreme
Court case SC17-1572, Lower Tribunal No(s).: 5D17-2317; 422013CA000115CAAXXX.
3. Evidence that the Untitled States Supreme Court (USSC) has distributed Petition No. 17-
7054 for conference on February 16, 2018, showing this case is active, and has been active since
the petition was docketed on December 11, 2017, appears in the official records of Marion
County, Book6710/Page1671 CFN#2018010611. A certified copy of the six page official record
of Marion County for USSC Petition No. 17-7054 is attached.
4. The USSC docket in Petition No. 17-7054 shows the respondent Reverse Mortgage
Solutions, Inc. is not represented by counsel.
5. Evidence in this case shows a USSC Rule 44 Rehearing is justified if Petition No. 17-
7054 is denied. Rule 44.1 provides in part, “Any petition for the rehearing of any judgment or
decision of the Court on the merits shall be filed within 25 days after entry of the judgment or
decision, unless the Court or a Justice shortens or extends the time.

8092 SW 115th Loop

Tel. 352-854-7807
2


Telephone: (800)-774-1560; Fax: (407)386-3419

Neil J. Gillespie
STATE OF FLORIDA ) 1111111111111111111111111111111111111111

) SS.: DATE: 02/03/2015 11 :55:32 AM
DDS: $0 MDS: $0 INT: $0
\ \
..
" ~:.

1=l--'bL
r
Expires 02127/2015
~(?JI(s2. Lr0L

.._'_)5 _

Office of the Clerk
Scott s. Harria
Clerk of the Court
(202) 479-3011
December 11, 2017
Mr. Neil J. Gillespie 1111111 111111111111111111111111111111111

DAVID R EllSPERMANN CLERK & COMPTROllER MARION CO
8092 SW 115th Loop
DATE: 02/0212018 02:35:12 PM
Ocala, FL 34481 FILE #: 2018010611 OR BK 6710 PGS 1671-1676
REC FEES: $52.50 INDEX FEES: $0.00
DOS: SO MDS: $0 INT: $0
Re: Neil J. Gillespie
No. 17·7054
Dear Mr. Gillespie:
November 24,2017 and placed on the docket December 11, 2017 8S No. 17-7054.
A form is enclosed for notifying opposing counsel that the case was docketed.
Sincerely,
by ~ 11·
Clayton Hig~
Case Analyst
Enclosures

Office of the Clerk
Scott s. Barril
Clerk of the Court,
(202) 479-3011
December 11, 2017
Clerk
Tallahassee, FL 323~9-1927
Re: .Neil J. Gillespie

No. 17-7054
(Your No. 8017-1572)
!ea Clerk:
8 '
t
ov mber 24,2017 and placed on the docket December 11, 2017 as No. 17-7054.
~ti
Sincerely,
by
Clayton Higgins
Case Analyst

Ittps://www.supremecourt.gov/Search.aspx?FileName=/docketldocketfiles/html/public\17..7054.html
~~~1 Search documents in this ca.e:l Search I

No. 17-7054
Title: Nell J. GIUe.pie, Petitioner

v.
Rev.,.e Mortgage Solutions
Docketed: December 11, 2017
ILower Ct: Supreme Court of Florida
Case Numbers: (SC17-1572)
Decision Date: August 25, 2017
Nov 24 2017 Petition for a writ of certiorari and motion for leave to proceed in forma
pauperis filed. (Response due January 10, 2018)
Motion for Le.ve to Proceed In Fonna

Pauperis Petition Appendix Proof of Service
Jan 252018 DISTRIBUTED for Conference of 2/1612018.
NAME ADDRESS PHONE
Attorney. for Petitioner
Neil J. Gillespie 8092 SW 115th Loop (352) 854-7807

Ocala. FL 34481

http://www.pa.marion.fl.uslmcpaJ.rcIDEFAULT.aspx?key=2703946&YR=2018
Marion County Property Appraiser

Villi.: "1. Snlit~ <:FA. ASA
Boa Search Previous Parcel .ext Parcel TRIM Notice TRIM Supple.ent Address Change Porm Sales Verification Form
GO TO £Q.!2 2016 2015 PRC
2018
7013-007-001
Prime Key: 2703946 As of 1/31/2018
property Information
GILLESPIE NEIL J Taxes I ASsessments: M.S.T.U.
8092 SW 11STH LOOP Map ID: 114 pc: 01
OCAlA FL 34481-3567
Millage; 9002 Acres: 0.1
Situs: 8092 SW 11STH LOOP OCALA
,_._----_._--_._--- .-.--------..-.-.----.--..- --.. . ---.-~.- -- ....--.. - -..--------------.-- '-"-- . ---"-1 ,
Value. HOT Available i

1
I Ex Codes; 01 38 3S
I
L ________.. _.. . ..._._._1
History ot Assessed Values

!!!! ._:;;~: ... ::o;:~""",::~ . _;.#'MIl~ .~.' .~{;!i;:llli."'!;'~.··:.." ~ ,"/~~ a.I!..... ·.v-.! ..... .....ti... 'hxab1a Val
2017 $7,000 $79,730 $1,255 $87,985 $70,461 $45,961 $24,500
..
2016 $9,000 $76,413 $1,271 $86,684 $69,012 $44,512 $24,500
2015 $8,500 $58,960 $1,072 $68,532 $68,532 $44,032 $24,500
Property Transfer History
~ ::.:;;.' ·rfi,~ ',~~~~.:~··.t::;~ .!. ~;,f~~tr~j:·~it.~';~~;~~:,·:'·~·'· - . i,~:((" Q/v VIr. .ri~.
6153{1144 01/2015 08 COJtR.BCTIVB 0 u I S100

61S3/1143 01/2015 05 QUIT CL 7 PORTIONUND INT u I $100
6065{1251 07/2014 OS QUIT CL "1 PORTIONUND INT u I S100
5949/00;:2 09{2009 71 D'nf CBR 0 u I $100
5308/0647 09/2009 74 PROBATE 0 u I $100
S057j1669 06/2008 05 QUIT CL 7 PORTIONUNO 1NT u I $100
4611/1212 10/2006 08 CORRECTIVE 0 u I $100
324~/0,~8 09/2002 71 D'nI CIR 0 u I $100
3249/0438 02/1997 74 PROBATE 0 u I $100
2336/1332 02/1997 78 TRUSTHX 0 u I $100
1954/1794 08/1993 07 WARRANTY J DIEVELOPBR SALK U I $75,100
Property Descr1ption
SEC 36 TWP 16 RGB 20

PLAT BOO~ 002 PAGE 106
au RUH WOODSIDE TRACT
8L1t G LOT 1
Parent Parcel: 7000-000-100
Land Data - Warning: Verify Zoning

q":::;:':.. . CP~
0100 38.0 120.0
'.
... ..__'~i~;;;.; /~'* ·4~""'·~'ti::.. J'N~jjiItiM;,;·~i;~·.:
POD 1. 00 LT
·:\L,.. ~t.
"'1', .:.. ,:
7000.0000
, . ~ . '...fU...:. . .1Ir
1. 00 1. 00 1.00
. -"". ,. c:1. . . Value
7000
Jut val•
7000
Neighborhood 8024 - OAK RUN13,14,15 COMMON WALL PA
Mkt: 9 70
Building 1 of 1
RBS01-UI2UIR1U4L11U33R30D50L16L4.R4
FGR02-R16D21L16U21. L4U12
FOP03-UIR1U4L11D5RIO.
PT004-LIOL5D17R15U5U12.
30ok6710/Page1674 CFN#2018010611 Page 4 of 6

http://www.pa.marion.f1.us/~pa--.prc/DEFAULT.aspx?key=2703946&YR=2018
RE:J)1 30
33
50
11
F:)P:'311
5
TO
J4
I:;TI~
1
10
12 12
17
• FGR02
18
16
6
16
21 21
16
Building Characte4istics
Impro._eat CR-RBSIDENTIAL Year Built 1993
.ffecti.e Age 3 - 10-14 YRS Pbyaical DeterioratioD 0
CODditioa 2 - 2 ObaoleaceDcel PuDctioDal 0
Quality Grade 700 - GOOD Obao1e.ceDcel LocatioDal 0
Architecture 7 •
Inspected on 8/21/2015 by 197 Baae Peri.eter 162
•.,,\.... . : ~~; ,·;.~:f'.t4~.~ ·r~X.Y.p

*,"~Jil~;··".&-,',o*,~'ilJ' ,~/ -1 . . . . .'.£~:."" ·A..tiC . ._~ ·AP~ ' ...... ,,~Q.,P Gl~ .1c azo•• ~tal J'lr Az'ea
RES 01 32 - CONe BLK-STUCO 1.00 1993 N o, 0\ 1,326 1.326 SF
FGR 02 32 - CONC BLK-STUCO 1.00 1993 N o \' o t )36 336 SF
FOP 03 01 • NO EXTERIOR o, o \1.00 1993 N S4 54 SF
PTO O~ 01 • NO EXTERIOR o , o t1.00 1993 N 25S 255 SF
---------------------------------------_._--------------,----------
Section: 1
Roof Style 10 GABLB rloor riniab 24 CARPET .edroa.. :2 Blt-zn Kitcben y
aoof CoYel" 08 FBRGLASS SHNGL .all .iaiab 16 DRYWALL-PAINT ...ixaath 0 Di.bw. .ber y
••at . .til 1 20 HEAT PUMP .eat h e l l 10 BLECTRIC 3J'ixaatb :2 Garb Di.po.al Y

. . .t lletb 2 00 .eat hel 2 00 2rixBatb 0 Garbage Oompaator N
J'OUJUlatiOD 6 MONOLITC SLAB .ireplac•• 0 X.ixture 2 IDtercom N
Ale y Vacu\Ul N
Miscellaneous Improvements
fiii'j~~t~~;:i.=J~,:~;··:·~~:~~i~:·tri:r::;~~\r:.·:.~ . . ~:~t<*~.:~~~Pti~:~tl[~~~·:i:'~"(:t<i~ ':' .veu· Ja;" '?' .....:... ·~l~tb: "Wieb "De~ Value
159 PAY CORCRETE 544.00 SF 20 1993 3 34.0 16.0
159 PAV CONCRETE 92.00 SF 20 1993 3 ~3.0 4.0
120 FENCE MASONRY 130. 00 SF SO 1993 3 0.0 0.0
Appraiser Notes
MODBL-NANTUCD'T
EST INT
Planning and Building, Coun~y Permit Search

•• Pel~it Search
.~.~ ........ :,~ .':~,~~;~1':::.~},~,~;;. .;. ~'?--:.~ ~ ~':;'. :;~~:~':~{~::~ :·~~~L~~MN~r:;iJ ••-/;·....t'ii< ;<; . t' ";' ·~c:o.pl.~e Dati·" DeaorlptiOD":';
MA64923 $34,040 8/1/1993 8/1/1993 SFR • VILlA

.
MARION COUNTY TAX COLLECTOR
'DUPLICATE
REAL ESTATE
TOTAL TAXES IF PAID BY
2703946.0000
816.58 825.00 833.42 841.84 867.10 APR 1 2018
ACCOUNT NUMBER
R7013-007-001 2017
EX-TYPE
I I I
ESCROW MILL CD
2325 9002
I REMIT U.S. FUNDS TO: GEORGE ALBRIGHT. T. C.
PO BOX 970, OCALA. FL 34478 PH (352) 368-8200
TAXABLE 24,500
HOMESTD 25,000
ADDL HX 20,461 36 16 20
TRACT BLK G LOT 1
R7013-007-001 2017 *** PAID *** PAID *** PAID ***

8092 SW 115TH LOOP 995-2017-0009932.0001
OCALA FL 34481-3567 $816.58 CC
Paid By: NEIL J GILLESPIE
Return Bottom Section with Payment • Keep remaining portion for your records.
PLEASE READ INSTRUCTIONS AND IMPORTANT INFORMATION
If you have sold any of the property assessed to YOU, please forward this Tax Notice to the new owner(s) or return to sender. Please verify description
of property. If any errors are found on this Tax Notice, notify the Property Appraiser's Office immediately. This Tax Notice covers taxes for the calendar
year as described hereon.
Please remit payment by mail, in person. or by visitinQ our website at www.mariontax.com. Do not staple. fold or write on the bottom portion of this Tax Notice.
If paying current taxes by mail, discounts are determined by the POSTMARK date. Discounts are calculated as follows:
ANNUALPA~ENT INSTALLMENT PAYMENT
4% IF PAID IN NOVEMBER 1st IF PAID IN JUNE 6% DISCOUNT
3% IF PAID IN DECEMBER 2nd IF PAID IN SEPTEMBER 4%% DISCOUNT
2% IF PAID IN JANUARY 3rd IF PAID IN DECEMBER 3% DISCOUNT
1% IF PAID IN FEBRUARY 4th IF PAID IN MARCH NO DISCOUNT
Taxes are due November 1 and become delinquent April 1, at which time the law imposes 3% interest plus advertising fees on Real Estate taxes and 1%%
interest per month plus advertising and late fees on Tangible Personal Property taxes. Once taxes are delinquent on April 1. the amount due is determined
when the payment is RECEIVED in our office.
Tax sale Certificates will be sold on all unpaid Real Estate taxes on or before June 1st. Tax Warrants will be issued on all unpaid TanRible Personal Property
taxes pursuant to Chapter 197 F.S. This Tax Notice becomes a receipt only when validated by the Tax Collector's Office and the actual transfer of funds is
completed. To Better Serve YOU ••. PAY ONLINE At www.mariontax.com
Or At These Locations:
OCALA - McPherson Governmental Complex. 503 SE 25th Ave
BELLEVIEW - Belleview Regional Shpg Ctr, 10445 SUS Hwy 441 FOREST· Forest Center, 15956 E SR 40
DUNNELLON - Rainbow SPAs. Gov. Complex, 19995 SW 86th St. SR 200 - Jasmine Square. 6154 SW SR 200
NORTH - ocala Springs Shopping Center, 7135 N US Hwy 441 SUMMERFIELD· Spruce Creek Terrace Shops, 17860 SE 109th Ave.

DUPLICATE TOTAL TAXES IF PAID BY
TJEC 31 2017 JAN 31 2018 FEB 28 2018 MAR 31 2018 APR 30 2018 PAST DUE ON
816.58 825.00 833.42 841.84 867.10 APR 1 2018
ACCOUNT NUMBER
R7013-007-001 2017
EX·TYPE
I I I
ESCROW MILL CD
2325 9002
I RENIT U.S. FUNDS TO: GEORGE ALBRIGHT, T. C.
PO BOX 970, OCALA, FL 34478 PH (352) 388-8200
TAXABLE 24,500
HOMESTD 25,000
ADDL HX 20,461 36 16 20
TRACT BLK G LOT 1
R7013-007-001 2017 *** PAID .** PAID *** PAID ***

8092 SW 115TH LOOP 995-2017-0009932~~Q~,
OCALA FL 34481-3567
$816.5~~~~~\'t
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Paid By: NEI~~~
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USSC Application No. 17A878 GRANTED by Justice Thomas

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https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/17a878.

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Title: Neil Gillespie, Applicant

Docketed: February 16, 2018

Lower Ct: Supreme Court of Florida

Case Numbers: (SC17-1361)

DATE PROCEEDINGS AND ORDERS

Main Document Lower Court Orders/Opinions Main

NAME ADDRESS PHONE

Attorneys for Petitioner

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

Party name: Neil Gillespie

Re: Neil Gillespie

This letter has been sent to those designated on the attached

Scott S. Harris, Clerk

Mr. Neil J. Gillespie

Clerk February 12,2018

RE: Neil J. Gillespie v. Reverse Mortgage Solutions, Inc.

1. MOTION TO EXTEND TIME BY 60 DAYS TO FILE PETITION IN FSC SC17-1361

2. MOTION TO CONSOLIDATE FSC SC17-1361 WITH USSC PETITION NO. 17-7054

3. MOTION FOR DEFAULT JUDGMENT IN USSC PETITION NO. 17-7054

4. MOTION TO AMEND USSC PETITION NO. 17-7053 DISTRIBUTED FOR

5. MOTION TO STAY FINAL JUDG·MENT OF RESIDENTIAL HOMESTEAD HECM

6. NOTICE OF CRMINAL COMPLAINT TO FBI SPECIAL AGENT IN CHARGE

7. CONSTITUTIONAL CHALLENGE TO HECM REVERSE MORTGAGE PROGRAM

SUPREME COURT OF THE UNITED STATES

NEIL J. GILLESPIE, PETITIONER

REVERSE MORTGAGE SOLUTIONS, INC., RESPONDENT

ON PETITION FOR A WRIT OF CERTIORARI TO

The Supreme Court of Florida, Case No.: SC17-1361

1. MOTION TO EXTEND TIME BY 60 DAYS TO FILE PETITION IN FSC SC17-1361

2. MOTION TO CONSOLIDATE FSC SC17-1361WITH USSC PETITION NO. 17-7054

3. MOTION FOR DEFAULT JUDGMENT IN USSC PETITION NO. 17-7054

4. MOTION TO AMEND USSC PETITION NO. 17-7053 DISTRIBUTED FOR

5. MOTION TO STAY FINAL JUDGMENT OF RESIDENTIAL HOMESTEAD HECM

6. NOTICE OF CRMINAL COMPLAINT TO FBI SPECIAL AGENT IN CHARGE

7. CONSTITUTIONAL CHALLENGE TO HECM REVERSE MORTGAGE PROGRAM

February 12, 2018

Neil J. Gillespie, a disabled nonlawyer appearing pro se

NEIL J. GILLESPIE, PETITIONER

REVERSE MORTGAGE SOLUTIONS, INC., RESPONDENT

Indispensable Parties Not Sued

PENELOPE M. GILLESPIE, BORROWER, DIED SEPTEMBER 16, 2009

13CA000115AX DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA

*Justin R. Infurna, Esq., LL.M, The Infurna Law Firm, P.A.

Neil J. Gillespie, an indigent nonlawyer, unable to obtain adequate counsel, a consumer

Honorable U.S. Supreme Court as follows:

effective and expeditious administration of the business of the courts.

1570, Lower Tribunal No(s).: 5D17-2273; 422013CA000115CAAXXX. Curtis A. Wilson,

Reverse Mortgage Solutions to respond on January 9, 2018.

1572, Lower Tribunal No(s).: 5D17-2317; 422013CA000115CAAXXX. The docket in USSC

EXTEND TIME BY 60 DAYS TO FILE PETITION IN FSC SC17-1361.

PARIENTE, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.

Petition for Writ of Prohibition - A Case of Original Jurisdiction

My SUPREME COURT OF FLORIDA petition appears at Appendix A, as Filing #

SECTION 2. Administration; practice and procedure.—

counsel or anyone else.

WHEREFORE, I respectfully move this court to GRANT MOTION 1, EXTEND TIME

BY 60 DAYS TO FILE PETITION IN FSC SC17-1361.

MOTION TO CONSOLIDATE FSC SC17-1361 WITH USSC PETITION NO. 17-

1361 with USSC PETITION NO. 17-7054.

counsel or anyone else.

WHEREFORE, I respectfully move this court to GRANT MOTION 2, consolidate FSC

SC17-1361 with USSC PETITION NO. 17-7054.