Filing # 21973707 Electronically Filed 12/26/2014 03:58:34 PM

REVERSE MORTGAGE SOLUTIONS, INC.,

IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT OF FLORIDA
IN AND FOR MARION COUNTY
CASE NO.: 2013-115-CAT
42-2013-CA-000115-AXXX-XX

Plaintiff,
vs.
NEIL J. GILLESPIE, and NEIL J. GILLESPIE
AS SOLE-TRUSTEE OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.
________________________________________/
NOTICE OF FILING LETTER TO ARTHUR LEE BENTLEY III
United States Attorney, Florida Middle District, December 24, 2014
1.

Defendant(s) NEIL J. GILLESPIE, henceforth in the first person, an indigent, disabled

nonlawyer reluctantly appearing pro se for himself and his interests as SOLE TRUSTEE of THE
GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997 (Trust), gives
NOTICE OF FILING LETTER TO ARTHUR LEE BENTLEY III1, United States Attorney,
Florida Middle District, December 24, 2014, and states,
2.

Today I notice filing of my letter2 with attachments to ARTHUR LEE BENTLEY III,

United States Attorney, Florida Middle District, December 24, 2014 by email, in this matter.
3.

Thirty exhibits filed today with the letter to Mr. Bentley, USAFLM. The exhibit numbers

shown appear only in the document title for this filing for organizational purposes.
Exh 1, RULE 1.115. PLEADING MORTGAGE FORECLOSURES
Exh 2, RMS v Gillespie et al, 5 page complaint, my scan
Exh 3, 2014, 12-18-14, Order Denying Motion Disqualif-NJG.
Exh 4, 2014, 12-18-14, Order Denying Motion Disqualif-Trust.
Exh 5, 2014, 12-18-14, Order Denying Motion Disqualif-Unknown.
1

Arthur Lee Bentley III, nominated by the President to be United States Attorney for the Middle
District of Florida for the term of four years, was confirmed December 16, 2014 by the Senate by
Voice Vote. http://www.judiciary.senate.gov/nominations/executive/pn1804-113
2
Note correction for page 2: Steven H.L. Bowman (Bar ID 434396) was disbarred for 10 years
on July 21, 2010. (corrected from July 21, 2014).

NOTICE OF FILING LETTER TO ARTHUR LEE BENTLEY III

United States Attorney, Florida Middle District, December 24, 2014
Exh 6, 2014, 12-19-14, email Paul Hill re UPL closed
Exh 7, Florida Bar Closing ltr. to Neil Gillespie 05.05.14
Exh 8, 4D06-3761.order EHQF Trust v. S & A Capital Partners, Inc.
Exh 9, Florida Bar Trust question, 13 Fla. Jur 2d Creditors' Rights 91
Exh 10, Notice of Trust, filed June-24-2014, 6p color
Exh 11, Acceptance of Office NJG sole-trustee 5p
Exh 12, Steven H.L. Bowman (Bar ID 434396) Disbarred 3p
Exh 13, Foreclosure-Bench-Book2013
Exh 14, Mark Gillespie authorization to CFPB-FOIA, section 1070.14(f)
Exh 15, Neil Gillespie response to CFPB-FOIA May-09-14
Exh 16, Congress Inquiry of Sen Rubio to CFPB - 13p binder
Exh 17, AOSC14-66 Dilligent Judges-SC
Exh 18, RULE 1.100. PLEADINGS AND MOTIONS
Exh 19, Rule 1.200 Case Management Conference DEC-2014
Exh 20, 2014, 05-23-14, CFPB-final records, 8p new & old notes 9p
Exh 21, 2014, 05-28-14, FOIA request to Martin Michalosky, FOIA Manager
Exh 22, 2014, 06-02-14, letter Martin Michalosky, addresses-jobs 9p
Exh 23, 2013, 03-19-13, CFPB close-out letter to NJG
Exh 24, 2012, 09-20-12, letter from Chris Pickle, BOA
Exh 25, 2012, 10-01-12, letter from Chris Pickle, BOA, wants will, w env
Exh 26, 2013, 02-01-13, Jason Powell, BOA, my scan
Exh 27, 2013, 03-28-13, Jason Powell, BOA, to NJG
Exh 28, 2014, 03-12-14, ltr from Anthony Boney, BofA
Exh 29, 2014, 03-19-14, letter of Anthony Boney
Exh 30, 2014, 04-22-14, email BofA Investor Relations Judge Hodges 3p
RESPECTFULLY SUBMITTED December 26, 2014.

NEIL J. GILLESPIE and NEIL J. GILLESPIE SOLE TRUSTEE OF THE GILLESPIE

FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997
8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: neilgillespie@mfi.net

VIA Email Lee.Bentley@usdoj.gov

Arthur Lee Bentley III
United States Attorney
U.S. Attorney's Office
Middle District of Florida
400 North Tampa Street
Tampa, Florida 33602

December 24, 2014

Page 2, three orders of Judge Stancil

denying motion to disqualify him
arrived in the mail yesterday; the
orders are attached.

Dear Mr. Bentley:

This letter is to communicate the following:
Overview: The Plaintiffs Verified Complaint does not meet the requirements of Rule 1.115,
Pleading Mortgage Foreclosures, and must be dismissed. The Florida Bar closed its UPL case
against me for representing the Trust. The case, EHQF Trust v. S & A Capital Partners, Inc., 947
So. 2d 606 (Fla. 4th DCA 2007), does not seem apply to me, see below. Earlier this year The
Florida Bar provided information showing Trust assets are not subject to creditors. 13 Fla. Jur 2d
Creditors' Rights 91. It appears the Plaintiff sued the wrong party, and lacks the necessary
foreclosure documents, see the Residential Foreclosure Bench Book June 2013 by Honorable
Jennifer D. Bailey and Doris Bermudez-Goodrich, Assistant General Counsel.
The Consumer Financial Protection Bureau (CFPB) provided evidence through a FOIA/PA that
Bank of America compromised CFPB Complaint No. 120914-000082 with the assistance of a
CFPB attorney named Greg Evans, and two nonlawyer CFPB employees, Andrew Fey and K.
Byron, who concocted a closing letter March 19, 2013, in part,
Our records indicate that we do not have proper authorization to disclose any information
to you regarding Ms. Penelope M. Gillespies account. Bank of America values and
guards our customers privacy and financial information and, therefore, does not provide
customer-specific information to unauthorized third parties.
The Bank of America employees were Jason Powell, Customer Advocate, Office of the CEO and
President, and Chris Pickle, Customer Advocate, Office of the CEO and President. This year I
learned privacy rights are personal and die with the individual. Nestor v. Posner-Gerstenhaber,
857 So. 2d 953 (Fla. Dist. Ct. App. 3d Dist. 2003), review denied, 869 So. 2d 540 (Fla. 2004).
CFPB Complaint No. 140304-000750 was compromised by Bank of America employee Anthony
Boney, Customer Advocate, Office of the CEO and President, and apparently Sen. Marco Rubio.
Gina Alonso and the Senators staff initiated this complaint on their own, apparently before they
knew I was not to receive any legitimate assistance. The complaint was directed at HECM
foreclosure and The Florida Bar. It appears Judge Wm. Terrell Hodges, a shareholder of Bank of
America, was required to recuse but failed to do so in Case 5:13-cv-00058-WTH-PRL.
Judge Stancil engaged in misconduct with Curtis Wilson, McCalla Raymer LLC.

Arthur Lee Bentley III

United States Attorney

December 24, 2014

Page - 2

1.
Attached you will find three orders I got in the mail late yesterday from Judge Stancil.
Each is captioned ORDER DENYING DEFENDANT'S MOTION DISQUALIFY HALE
STANCIL. My name is misspelled three times in each of three orders dated December 18,
2014. The Certificate of Service is dated December 19, 2014. Three envelopes each postmarked
December 22, 2014 are addressed to:

Neil J. Gillespie, 8092 SW 115th Loop, Ocala, Florida 34481

Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living
Trust Agreement dated February 10, 1997 8092 SW 115th Loop Ocala, FL 34481

Unknown Settlers/Beneficiaries of The Gillespie Family Living Trust Agreement

dated February 10, 1997 8092 SW 115th Loop Ocala, FL 34481

2.
The Florida Bar, Paul Hill, General Counsel, notified me by email Friday December 19,
2014 at 3:08 PM that UPL Case No. 20133090(5) against me was closed, see attached. The
attached closure letter of Ms. Coaxum dated May 5, 2014 references EHQF Trust v. S & A
Capital Partners, Inc., 947 So. 2d 606 (Fla. 4th DCA 2007). From the attached Order:
The notice of appeal filed by appellant, a trust, was not signed by an attorney licensed to
practice law in Florida. Section 454.23, Florida Statutes (2006), prohibiting the
unlicensed practice of law, provides no exception for representation of a trust. Although
Florida has not previously addressed the issue, other states have concluded that a trustee
cannot appear pro se on behalf of the trust, because the trustee represents the interests of
others and would therefore be engaged in the unauthorized practice of law.
3.
As sole trustee, I filed Notice of Trust June 24, 2014 with the Marion County Probate
Court, case 42-2014-CP-001060-AXXX-XX. The receipt and docket appear with the Notice.
The Trust avoided probate and the case is closed.
4.
Attached is my Acceptance of Office of Sole Trustee. At all times pertinent, my brother
and I had a conflict as co-trustees, and he and related interests were represented by counsel,
KAUFMAN, ENGLETT & LYND, PLLC. Consent to Judgment was filed July 8, 2013.
The attorney who made the Trust for my parents, Steven H.L. Bowman (Bar ID 434396) was
disbarred for 10 years on July 21, 2014 and could not represent me, see attached. Our current
family lawyer represented other Defendants in this case. I was unable to obtain other counsel.
My brother et al was represented by counsel, Anthony J. Solomon, Esq., Florida Bar No. 93057,
KAUFMAN, ENGLETT & LYND, PLLC
The following is from my Rule 1.150 Motion to Strike Sham Pleadings filed July 25, 2014:
5.
Notice of Defendants Consent to Judgment was entered July 8, 2013 by counsel of
record for MARK GILLESPIE and JOETTA GILLESPIE AKA UNKNOWN SPOUSE OF
MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH BIDGOOD. (Exhibit 5).

Arthur Lee Bentley III

United States Attorney

December 24, 2014

Page - 3

6.
Mark Gillespie resigned as co-trustee of the Trust to avoid breach of Trust after giving
consent to judgment. The property in foreclosure is the only asset of the Trust.
A trustee shall take reasonable steps to take control of and protect the trust property.
Section 736.0809, Florida Statutes, Control and protection of trust property.
A trustee shall take reasonable steps to enforce claims of the trust and to defend claims
against the trust. Section 736.0811, Florida Statutes, Enforcement and defense of claims.
6.
Mark Gillespie quit-claimed any interest in the property to me July 7, 2014. The QuitClaim Deed was filed with the Clerk July 9, 2014, and a copy appears at Exhibit 6.

7.

A trustee shall take reasonable steps to compel a former trustee or other person to deliver
trust property to the trustee and, except as provided in s. 736.08125, to redress a breach of
trust known to the trustee to have been committed by a former trustee. Section 736.0812,
Florida Statutes, Collecting trust property.
The Florida Bar review, 13 Fla. Jur 2d Creditors' Rights 91
The equitable interest of a defendant as beneficiary of a trust is not subject to
garnishment, at least in the absence of express statutory authorization.[1] The creditors of
the trustee are not entitled to an attachment to subject trust property held by the trustee to
the payment of the trustee's debts.[2] In fact, the remedy is not available even if the debt
is chargeable to the trust itself.[3] Likewise, social security and withholding taxes held in
a trust fund for the United States established and managed by a debtor are not
garnishable.[4] Under a contract providing a brokerage fee of 5% of all principal paid to
the seller, the seller became a trustee for the broker of 5% of all payments received, and
the broker was not a general creditor of the seller so that the trust funds could not be
reached by general creditors of the seller, and the estate of the seller became a successor
constructive trustee as to payments received by it.[5]
Westlaw 91. Property held in trust, May 4, 2010

Susannah Lyle of The Bar responded October 23, 2014 1:41 PM by email, see attached,
I relayed your concern to a couple of the attorneys on the Consumer Protection Law
Committee. Here is what they said:
The pamphlet states that the revocable trust assets are not protected during the maker's
lifetime. This makes sense because the trust is revocable by the maker during his/her
lifetime. It is my understanding that the Fla. Jur. passage discusses protection of those
assets from the makers creditors after the maker's death - when the trust is in effect and
no longer revocable because the owner is deceased. The pamphlet is correct that the
beneficiaries' creditors could then go after the assets absent a spendthrift provision in the
trust. (Trust has a spendthrift provision).

Arthur Lee Bentley III

United States Attorney

December 24, 2014

Page - 4

8.
Judge Stancil failed to conduct a case management conference as provided by Rule
1.200, Pretrial Procedure, enclosed. Instead it appears the judge and Mr. Curtis cooperated on a
motion to hear all motions, contrary to the enclosed Rule 1.100(b) that requires, All notices of
hearing shall specify each motion or other matter to be heard.
The following is from a renewed motion to disqualify Judge Stancil.
9.
During a hearing December 18, 2014 on the foreclosure of my residential homestead
property, Judge Stancil and attorney Curtis Wilson of McCalla Raymer denied my right to due
process by violating Rule 1.115(a) Pleading Mortgage Foreclosures, that required dismissal of
the verified complaint for failing to plead that the Plaintiff is the holder of the original note.
10.
The Plaintiffs 5 page Verified Complaint To Foreclose Home Equity Conversion
Mortgage (the Complaint) appears at Exhibit 1. The Complaint fails to meet the requirements
of Fla. R. Civ. Pro., Rule 1.115(a) Pleading Mortgage Foreclosures, that states,
Rule 1.115(a) Claim for Relief. A claim for relief that seeks to foreclose a mortgage or
other lien on residential real property, including individual units of condominiums and
cooperatives designed principally for occupation by one to four families which secures a
promissory note, must: (1) contain affirmative allegations expressly made by the claimant
at the time the proceeding is commenced that the claimant is the holder of the original
note secured by the mortgage; or (2) allege with specificity the factual basis by which the
claimant is a person entitled to enforce the note under section 673.3011, Florida Statutes.
11.
Nothing in the Complaint shows the Plaintiff is the holder of the original note secured
by the mortgage; Nothing in the Complaint alleges with specificity the factual basis by which
the claimant is a person entitled to enforce the note under section 673.3011, Florida Statutes.
Likewise, the Complaint failed to meet the other requirements of Rule 1.115:
(b) Delegated Claim for Relief.
(c) Possession of Original Promissory Note.
(d) Lost, Destroyed, or Stolen Instrument.
(e) Verification.
12.
On July 25, 2014 I filed Defendants Rule 1.150 Motion To Strike Sham Pleadings,
Plaintiffs Verified Complaint To Foreclose Home Equity Loan. THE MOTION HAS NOT
BEEN HEARD as of today. Therefore the Complaint must be dismissed. Judge Stancil ignored
Rule 1.115(a), and failed to dismiss the Complaint. In failing to uphold the law, Judge Stancil
violated Supreme Court of Florida Administrative Order No. AOSC14-66, that holds in part,
In all things, a judge shall respect and comply with the law and shall act at all times in a
manner that promotes public confidence in the integrity and impartiality of the judiciary.
Canon 2A, Code of Judicial Conduct.
Please advise if you want any of the forgoing to remain confidential, although some of the
information has been public for some time. Thank you for your assistance.

Arthur Lee Bentley III

United States Attorney

December 24, 2014

Page - 5

Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481

Telephone: (352) 854-7807

Email: neilgillespie@mfi.net

Enclosures

Page 1 of 1

Neil Gillespie
From:
To:
Cc:
Sent:
Attach:

Subject:

"Neil Gillespie" <neilgillespie@mfi.net>

"Lee Bentley" <Lee.Bentley@usdoj.gov>
"Neil Gillespie" <neilgillespie@mfi.net>
Wednesday, December 24, 2014 11:15 AM
LETTER TO ARTHUR LEE BENTLEY, U.S. ATTORNEY-DEC-24-2014.pdf; 2014, 12-19-14, email
Paul Hill re UPL closed.pdf; 4D06-3761.order EHQF Trust v. S & A Capital Partners, Inc..pdf; 2014,
12-18-14, Order Denying Motion Disqualif-NJG..pdf; 2014, 12-18-14, Order Denying Motion DisqualifTrust..pdf; 2014, 12-18-14, Order Denying Motion Disqualif-Unknown..pdf; Foreclosure-BenchBook2013.pdf; Acceptance of Office NJG sole-trustee 5p.pdf; AOSC14-66 Dilligent Judges-SC.pdf;
Congress Inquiry of Sen Rubio to CFPB - 13p binder.pdf; Florida Bar Closing ltr. to Neil Gillespie
05.05.14.pdf; Florida Bar Trust question, 13 Fla. Jur 2d Creditors' Rights 91.pdf; Steven H.L.
Bowman (Bar ID 434396) Disbarred 3p.pdf; Mark Gillespie authorization to CFPB-FOIA, section
1070.14(f).pdf; Neil Gillespie response to CFPB-FOIA May-09-14.pdf; Notice of Trust, filed June-242014, 6p color.pdf; RMS v Gillespie et al, 5 page complaint, my scan.pdf; RULE 1.100. PLEADINGS
AND MOTIONS.pdf; RULE 1.115. PLEADING MORTGAGE FORECLOSURES.pdf; Rule 1.200 Case
Management Conference DEC-2014.pdf
LETTER TO ARTHUR LEE BENTLEY, U.S. ATTORNEY-DEC-24-2014

12/26/2014

Page 1 of 1

Neil Gillespie
From:
To:
Cc:
Sent:
Attach:

Subject:

"Neil Gillespie" <neilgillespie@mfi.net>

"Lee Bentley" <Lee.Bentley@usdoj.gov>
"Neil Gillespie" <neilgillespie@mfi.net>
Wednesday, December 24, 2014 11:28 AM
2014, 04-22-14, email BofA Investor Relations Judge Hodges 3p.pdf; 2012, 09-20-12, letter from
Chris Pickle, BOA.pdf; 2012, 10-01-12, letter from Chris Pickle, BOA, wants will, w env.pdf; 2013, 0201-13, Jason Powell, BOA, my scan.pdf; 2013, 03-19-13, CFPB close-out letter to NJG.pdf; 2013, 0328-13, Jason Powell, BOA, to NJG.pdf; 2014, 03-12-14, ltr from Anthony Boney, BofA.pdf; 2014, 0319-14, letter of Anthony Boney.pdf; 2014, 05-28-14, FOIA request to Martin Michalosky, FOIA
Manager.pdf; 2014, 05-23-14, CFPB-final records, 8p new & old notes 9p.pdf; 2014, 06-02-14, letter
Martin Michalosky, addresses-jobs 9p.pdf
Additional exhibits only to prior letter; thank you

12/26/2014

Certificate of Service
December 26, 2014
I hereby certify that Notice of Filing Letter to Arthur Lee Bentley III, United States
Attorney, Florida Middle District, December 24, 2014, was served by the Florida Courts EFiling Portal by email December 26, 2014 to the following names:
Arthur Lee Bentley III, United States Attorney
U.S. Attorney's Office, Middle District of Florida
400 North Tampa Street
Tampa, Florida 33602
Email Lee.Bentley@usdoj.gov

DOJ Criminal, Contact local FBI field office

http://www.justice.gov/crt/complaint/#one

The Honorable John Anthony Tomasino

Clerk of the Supreme Court of Florida
Email: tomasino@flcourts.org

Mr. Tad David, General Counsel

Office of State Courts Administrator
Email: davidt@flcourts.org

The Honorable John F Harkness

Executive Director, The Florida Bar
Email: jharkness@flabar.org

The Honorable Michael L. Schneider

Executive Director and General Counsel
Judicial Qualifications Commission
Email: mschneider@floridajqc.com

The Honorable Don F. Briggs

Chief Judge, Fifth Judicial Circuit FL
Email: dbriggs@circuit5.org

The Honorable Hale R. Stancil

Marion County Circuit Court
Email: hstancil@circuit5.org

Ms. Grace A. Fagan, General Counsel

Fifth Judicial Circuit, FL, ADA Coordinator
E-mail: gfagan@circuit5.org

Ms. Tameka Gordon, ADA Coordinator

Marion County, Fifth Circuit, Florida
Email: tgordon@circuit5.org

The Honorable David R. Ellspermann

Marion County Clerk of Court & Comptroller
Email: Ellspermann@marioncountyclerk.org

Mr. Gregory C. Harrell, General Counsel for

Clerk & Comptroller David R. Ellspermann
Email: GHarrell@marioncountyclerk.org

Mr. Curtis Wilson, Esq.

McCalla Raymer, LLC
225 E. Robinson Street, Ste. 660
Orlando, FL 32801
Email: MRService@mccallaraymer.com

Ms. Colleen Murphy Davis, AUSA

400 N. Tampa Street, Suite 3200
Tampa, FL 33602
Email: USAFLM.State.Foreclosures@usdoj.gov

Oak Run Homeowners Association, Inc.

Registered Agent Paul Pike
11665 SW 72ND CIRCLE
OCALA, FL 34476
c/o Robert Stermer
Email: sv1@atlantic.net

U.S. Department of Justice, Civil Rights

Disability Rights, ADA.complaint@usdoj.gov

Development & Construction Corporation of America,

c/o Carol Olson, Vice President of Administration,
and Secretary-Treasurer, for RA Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Email: colson@deccahomes.com

NOTICE OF FILING LETTER TO ARTHUR LEE BENTLEY III

United States Attorney, Florida Middle District, December 24, 2014
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997
8092 SW 115th Loop
Email: neilgillespie@mfi.net
Ocala, FL 34481
Email: mark.gillespie@att.net
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net

Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
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
8092 SW 115th Loop
Ocala, FL 34481, Email: neilgillespie@mfi.net
Elizabeth Bauerle n/k/a Elizabeth Bidwood
7504 Summer Meadow Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net

Unknown spouse of Elizabeth Bauerle

6356 SW 106th Place
Ocala, FL 34476
Email: mark.gillespie@att.net

Ms. Jane Bond, Managing Partner

McCalla Raymer LLC
Email: jane.bond@mccallaraymer.com

Ms. Robyn Katz, Managing Partner

McCalla Raymer LLC
Email: rrk@mccallaraymer.com

Ms. Patricia Ann Toro Savitz

The Florida Bar
Email: psavitz@flabar.org

Mr. Barry R. Davidson (for Respondent)

Hunton & Williams LLP
Email: bdavidson@hunton.com

Mr. Jon M. Oden, Investigating Member

Ball Janik L.L.P.
Email: joden@balljanik.com

Mr. Frank H. Killgore Jr., Investigating Member

Killgore, Pearlman, Stamp, Ornstein & Squires
Email: fhkillgore@kpsos.com

Mr. Robert J. Stovash, Chair

Stovash, Case & Tingley, P.A.
Email: rstovash@sctlaw.com

Public Information Office

Florida Courts
publicinformation@flcourts.org

Florida Governor Rick Scott

Office of the Florida Governor
Email: Rick.Scott@eog.myflorida.com

Florida CFO Jeff Atwater

Office of the Chief Financial Officer
Email: Jeff.Atwater@myfloridacfo.com

NOTICE OF FILING LETTER TO ARTHUR LEE BENTLEY III

United States Attorney, Florida Middle District, December 24, 2014
Attorney General Pam Bondi
Office of the Attorney General
Email: pam.bondi@myfloridalegal.com

Commissioner Adam Putnam

Fla. Dept. of Agriculture & Consumer Serv.
Email: Adam.Putnam@freshfromflorida.com

Gregory William Coleman

President, The Florida Bar
Email: gcoleman@bclclaw.com

Ramon A. Abadin
President-Elect, The Florida Bar
Email: ramon.abadin@sedgwicklaw.com

Adria E Quintela, Director, Lawyer

Regulation, The Florida Bar
Email: aquintel@flabar.org

John Thomas Berry, Director, Legal Division

The Florida Bar
Email: jberry@flabar.org

Paul F Hill, General Counsel

The Florida Bar
Email: phill@flabar.org
RESPECTFULLY SUBMITTED December 26, 2014.

NEIL J. GILLESPIE
8092 SW 115th Loop
Ocala, Florida 34481

Phone: 352-854-7807
Email: neilgillespie@mfi.net

Rule 2.516(a), No service need be made on parties against whom a default has been entered
RULE 2.516. SERVICE OF PLEADINGS AND DOCUMENTS (Fla. R. Jud. Admin.)
(a) Service; When Required. Unless the court otherwise orders, or a statute or supreme
court administrative order specifies a different means of service, every pleading
subsequent to the initial pleading and every other document filed in any court proceeding,
except applications for witness subpoenas and documents served by formal notice or
required to be served in the manner provided for service of formal notice, must be served
in accordance with this rule on each party. No service need be made on parties against
whom a default has been entered, except that pleadings asserting new or additional
claims against them must be served in the manner provided for service of summons.
NOTE: Affidavits of Diligent Search filed February 12, 2013 in state court show no information
found as to: 1) Defendant Elizabeth Bauerle; 2) Defendant Unknown Spouse of Elizabeth
Bauerle; and 3) Defendant Unknown Settlors/Beneficiaries of the Gillespie Family Trust.
2013, 02-11-13, Disclaimer of the United States
Certificate of Indebtedness (COI) with a ZERO balance
2013, 06-19-13, P's Motion for default ORHA and DECCA
2013, 06-19-13, P's Notice dropping UNKNOWN SPOUSE NJG
2013, 07-08-13, Notice of Defendants' Consent to Judgment

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT

IN AND FOR MARION COUNTY, FLORIDA
REVERSE MORTGAGE SOLUTIONS, I~C.,

Plaintiff,

vs.

CASE NO.: 13-115-CAT

NEIL J. GILLESPIE, AND

MARK GILLESPIE, et al.,

~l__ ~J:"
0
v)
..
,
rTl
-Jo

.;Jt.

,-r"l4. -

.......

~",."

:;o~.,

-.,....

Defendants,

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _1
DISCLAIMER OF THE UNITED STATES OF AMERICA

CD

Sc."
..
.~.,

n~"

og
c--

-0

~CJ'

:x

X-':.

-<0-

..
c-
COMES NOW, the Defendant, the United States of America, by and tlitG.lP t~

-<

undersigned Assistant United States Attorney on behalf of the U.S. Department of

Housing and Urban Development hereby disclaims any interest in the real property that
is the subject of this litigation arising out of a Mortgage, recorded in the Official Records
Book 5057, Page 1683 in the public records of Marion County, Florida, and no other
interest.
DESIGNATION OF E-MAIL ADDRESSES PURSUANT TO RULE 2.516
The United States Attorney's Office for the Middle District of Florida hereby designates the
following as its primary e-mail address for the purpose of service of all documents required to be
served pursuant to Rule 2.516 in this proceeding: USAFLM.State.Foreclosures@usdoLgov
Secondary Email: Michalene.Rowells@hud.gov

ROBERT E. O'NEILL
United States
0 ey

By:
COLLEEN MU PHY DAVIS
Assistant Unite
tates Attorney
USAO No. 68
Amqer L. Watson, Legal Assistant
400 North Tampa Street, Suite 3200
Tampa, Florida 33602
Telephone: (813) 274-6000
Facsimile: (813) 274-6198

/0

~I

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by
Email this

1~ day of February, 2013 to the following:

Danielle N. Parsons, Esquire
McCalla Raymer, LLC
225 E. Robinson ST., Suite 660
Orlando, Florida 32801
Email: MRService@mccaliaraymer.com
Ms. Gail Ash Dotson, Associate Regional Counsel
U.S. Department of Housing and Urban Development
Office of General Counsel. Florida Southern State Office
Attn: Michalene Rowells, Paralegal Specialist
909 SE First Avenue, Room 500
Miami, Florida 33131-3042
Email: Michalene.Rowelis hud. ov

IN THE CIRCUIT COURT OF THE 5th

JUDICIAL CIRCUIT IN AND FOR MARION
COUNTY, FLORIDA
CASE NO. 42-20 13-CA-000 115-AXXX-XX
REVERSE MORTGAGE SOLUTIONS, INC.,
Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10,1997, et aI.,
Defendants.
- - - - - - - - - - - - - - - - -/

MOTION TO DEFAULT
Plaintiff moves for entry of default in the above styled cause for failure of defendants, OAK RUN
HOMEOWNERS
ASSOCIATION,
INC.
AND
DEVELOPMENT
&
CONSTRUCTION
CORPORATION OF AMERICA, to file or serve a pleading or other paper within the time required by
law.
Dated this

day of June, 2013

anielle N. Parsons, Esq.
McCalla Raymer, LLC
Attorney for Plaintiff
225 E. Robinson St. Suite 660
Orlando, FL 32801
Phone: (407) 674-1850
Fax: (321) 248-0420
Email: MRService@mccallaraymer .com
Fla. Bar No.: 0029364

ENTRY OF DEFAULT
It appears that defendants, OAK RUN HOMEOWNERS ASSOCIATION, INC. AND
DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA in the above styled cause,
having been duly served according to the law, and said Defendants having failed to file or serve any paper
herein, Default is hereby entered against said Defendants.
NOTE TO CLERK: In the event that any of the aforenamed defendants have timely filed any
paper in the above-styled cause, or should their return of service not be filed, then please strike the name
of such defendant from the above motion.
Dated this _ _ day of

, 2013.
CLERK OF THE CIRCUIT COURT
As Clerk of the Court

BY:_~---------_
Deputy Clerk

1586449

12-02121-2

SERVICE LIST

Neil J. Gillespie and Mark Gillespie as Co-Trustees

of the Gillespie Family Living Trust Agreement dated February 10, 1997
8092 SW 115TH LOOP
OCALA, FL 34481
Oak Run Homeowners Association, Inc.
c/o Robert A. Stermer, Esq., Registered Agent
7480 SW Highway 200
Ocala, FL 34476
Colleen Murphy Davis, Assistant United States Attorney
400 N. Tampa Street, Stet 3200
Tampa, FL 33602
usaflm.state.foreclosure@usdoj.gov
Michalene.Rowells@hud.gov
Elizabeth Bauerle
6356 SW 1o6th Place
Ocala, FL 34476
Tiffany T. Caparas, Esq.
Kaufman, Englett and Lynd, PLLC
111 N. Magnolia Av., Suite 1600
Orlando, FL 32801
TCaparas@kelattorneys.com
K.ELinbox@kelattomeys.com
Neil J. Gillespie
8092 SW 115TH Loop
Ocala, FL 34481
Development & Construction Corporation of America
c/o Registered Agent: Priya Ghumn1an
10983 SW 89 Avenue
Ocala, FL 34481
Unknown spouse of Elizabeth Bauerle
6356 SW 1o6th Place
Ocala, FL 34476
Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Unknown Spouse of Mark Gillespie
n/k/a Joetta Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Unknown SettlorslBeneficiaries of The Gillespie Family
Living Trust Agreement dated February 10, 1997
8092 SW 115TH LOOP
OCALA, FL 34481

1586449

12-02121-2

IN THE CIRCUIT COURT OF THE FIFTH

JUDICIAL CIRCUIT OF FLORIDA IN AND
FOR MARION COUNTY
GENERAL JURISDICTION DIVISION
CASE NO. 42-2013-CA-OOOl15-AXXX-XX
REVERSE
INC.,

MORTGAGE

SOLUTIONS,

Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK
GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,
1997, et aI.,
Defendants.

- - - - - - - - - - - - - - -/

NOTICE OF DROPPING PARTY DEFENDANT

Plaintiff, by and through its undersigned counsel and gives notice that UNKNOWN
SPOUSE OF NEIL J GILLESPIE is voluntarily dropped as a defendant to this action, pursuant
to the Fla.R.Civ.P. 1.250(b) and 1.420 (a)(l), without prejudice.
I HEREBY CERTIFY that a true and correct
(x) E-mailed ( x ) Mailed this

day of June,

y of the foregoing was: [check all used]

13, to a

Danielle N. Parsons, Esq.

McCalla Raymer, LLC
Attorney for Plaintiff
225 E. Robinson St. Suite 660
Orlando, FL 32801
Phone: (407) 674-1850
Fax: (321) 248-0420
Email: MRService@mccallaraymer.com
Fla. Bar No.: 0029364

1586543

12-02121-2

SERVICE LIST

Neil J. Gillespie and Mark Gillespie as Co-Trustees

of the Gillespie Family Living Trust Agreement dated February 10, 1997
8092 SW 115TH LOOP
OCALA, FL 34481
Oak Run Homeowners Association, Inc.
c/o Robert A. Stermer, Esq., Registered Agent
7480 SW Highway 200
Ocala, FL 34476
Colleen Murphy Davis, Assistant United States Attorney
400 N. Tampa Street, Ste. 3200
Tampa, FL 33602
usaflm.state.foreclosure@usdoj.gov
Michalene.Rowells@hud.gov
Elizabeth Bauerle
6356 SW 106th Place
Ocala, FL 34476
Tiffany T. Caparas, Esq.
Kaufman, Englett and Lynd, PLLC
111 N. Magnolia Av., Suite 1600
Orlando, FL 32801
TCaparas@kelattomeys.com
.K.ELinbox@kelattomeys.com
Neil J. Gillespie
8092 SW 115TH Loop
Ocala, FL 34481
Development & Construction Corporation of America
c/o Registered Agent: Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Unknown spouse of Elizabeth Bauerle
6356 SW 1o6th Place
Ocala, FL 34476
Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Unknown Spouse of Mark Gillespie
n/k/a Joetta Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Unknown Settlors/Beneficiaries of The Gillespie Family
Living Trust Agreement dated February 10, 1997
8092 SW 115TH LOOP
OCALA, FL 34481

1586543

12-02121-2

RETURN OF NON-SERVICE

State of Florida

County of Marion

Case Nurrtber: 13-115-CA-T

Circuit Court

, IIIIIIIIIIIIIIIIIIIIIIIIII~

Plaintiff:
REVERSE MORTGAGE SOLUTIONS, INC.

12-02121-3

vs.
Defendant:
NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10,
1997, ET AL
For:

MCCALLA RAYMER (FLORIDA)

225 E. ROBINSON STREET. STE.660

ORLANDO. FL 32801

Received by ROBERT W. MCGUINNESS on the 11th day of January, 2013 at 9:38 am to be served on UNKNOWN

SPOUSE OF NEIL J GILLESPIE, 8092 SW 115TH LOOP, OCALA, FL 34481.

'. ROBERT W. MCGUINNESS. do hereby affirm that on the 12th day of January, 2013 at 1:55 pm, I:
NON-SERVED the SUMMONS, A NOTICE FROM THE COURT REGARDING LAWSUITS TO FORECLOSE MORTGAGES

ON HOMES, NOTICE OF LIS PENDENS, COMPLAINT AND EXHIBITS based on the comments detailed below:

Additional Information pertaining to this Service:

SUBJECT PROPERTY IS NOT A MOBILE HOME. UPON INQUIRY. NEIL J. GILLESPIE STATED THAT NO SUCH PERSON

EXISTS. UPON INQUIRY, NEIL J. GILLESPIE STATED THAT THE PROPERTY 15 OWNER OCCUPIED AND THERE ARE

NO OTHER TENANTS/OCCUPANTS OVER THE AGE OF 18.

I certify that I am over the age of 18. I am not a party to this action and have no interest in the process being served. I have

been property certified as a process server by ADMINISTRATIVE ORDER A2008-21. I complied with all provisions of this

order and F.S. 48.031(5) at the time of service. Under penalties of pe~ury. I declare that I have read the foregoing Retum of

Service and that the facts stated in it are true to the best of my knowledge. F.S.92.525

ROBERT W. MCGUINNESS

10 # 05-07-6
Our Job Serial Number: 801-2013000435
Ref: 12-02121-3

Copyright C> 1992-2011 Database Services. Inc. - Process Server's Toolbox V6.5n

~III ~ 1~1I11111111111111111111111111

,.-a'

&

,. . .'. . . . I!!!!fIIIIt'.r.IIIIJIU. .

t...'iI..

' - I

fr

II ' -, l i t... '

'lrl

IUlCsr

McCalla Raymer, LtC

225 E. Robinson SL~-cC:
Suite 660
Orlando, FL 32801

'

u'l'"f}" ItItIl.

u.s. POSTAGEPITNEY BOWES

~----I'~ ~
I~~""

-.--r~

Neil J. Gillespie and Mark Gillespie as Co-Trustees

of the Gillespie Family Living Trust Agreement dated
February 10, 1997
8092 SW 115TH LOOP
OCALA, FL 34481

:t-

...

$ 000 46

ZIP 32801
02 1VV

0001364007JUN 19 2013

344El i

:::~3S6 7

IJ,11, IJ'I,l, JJIJIJJJJIJI, JJIJII' JJ/111' JI, JJI JJ1 J" iJ/JI j", 1/1

Electronically Filed 07/08/2013 07:33:04 PM ET

IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL
CIRCUIT OF
FLORIDA IN AND MARION COUNTY
GENERAL JURISDICTION DIVISION
REVERSE MORTGAGE SOLUTIONS, INC.,

Case No.:

2013-CA-000115

Plaintiff,

v.
MARK GILLESPIE, et al.,
Defendants.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _~I
NOTICE OF DEFENDANTS' CONSENT TO ,JUDGMENT
Defendants, MARK GILLESPIE and JOEITA GILLESPIE AKA UNKNOWN SPOUSE
OF MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH BIDGOOD
(hereinafter, the "Defendants"), file this Notice of Defendant's Consent to Judgment:
1.

The Defendants,

MARK GILLESPIE and JOETTA GILLESPIE AKA

UNKNOWN SPOUSE OF MARK GILLESPIE and ELIZABETH BAUERLE NKA

ELIZABETH BIDGOOD, have been named as Defendants in this action.
2.

Plaintiff is seeking to recover the property located at 8092 SW 115th Loop,

Ocala, FL 34481 based on an "event of default" under the terms of the Adjustable Rate Note
(Home Equity Conversion) a/kIa "reverse mortgage".
3.

Because this is a reverse mortgage, the Defendants have no financial liability

under the terms of the subject loan. See paragraph 7(a) of the Note and 9(a) of the Mortgage.
4.

Defendants do not wish to contest entry of final judgment against Defendants.

5.

The Defendants desire swift resolution to this action so they hereby give consent

to having Judgment entered in favor of the Plaintiff in this action.

KEL File #13LAW34876

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have electronically filed via the Florida Courts eFiling
Portal and furnished a true and correct copy of the foregoing to Angela M. Brenwald, Esquire, of
McCalla
Raymer
LLC,
225
E.
Robinson
S1.,
Orlando,
FL
32801,
mrservice@mccallaraymer.com; via [x] Email Delivery, today July 5, 2013.
KAUFMAN, ENGLETT & LYND, PLLC
/s/ Anthony J. Solomon
Anthony J. Solomon, Esq.
Florida Bar No. 93057
111 N. Magnolia Avenue, Suite 1600
Orlando, FL 32801
Telephone No.: (407) 513-1900
Primary Email: asolomon@kelattorneys.com
Secondary Email: KELinbox@kelattomeys.com
Attorney for Defendants:
MARK GILLESPIE and
JOETIA GILLESPIE AKA UNKNOWN SPOUSE OF
MARK GILLESPIE

KEL File #13LAW34876