Filing # 47307379 E-Filed 10/05/2016 01:15:15 PM

NOT A COMMERCIAL FORECLOSURE

REVERSE MORTGAGE SOLUTIONS, INC.,
Plaintiff,

IN THE CIRCUIT COURT OF THE

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

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

Residential HECM home Foreclosure of the

Florida Homestead of Neil J. Gillespie
Section 4, Article X, Florida Constitution

Defendants.
________________________________________/
DEFENDANTS FIRST AMENDED ANSWER TO VERIFIED COMPLAINT
TO FORECLOSE HOME EQUITY CONVERSION MORTGAGE
Defendant 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, a
vulnerable adult, reluctantly appears pro se, henceforth in the first person, and files Defendants
First Amended Answer To Verified Complaint To Foreclose Home Equity Conversion
Mortgage, to replace my answer at Filing # 23275828 E-Filed 02/03/2015 01:25:45 AM, to the
Plaintiffs Verified Complaint To Foreclose Home Equity Conversion Mortgage, hereinafter the
Complaint. My numbered answers below correspond to the numbers on the Complaint.
FIRST AMENDED ANSWER
1.

As to paragraph 1 of the Complaint, I admit the property is located in Marion County,

Florida; otherwise I deny the allegations.

DEFENDANTS FIRST AMENDED ANSWER TO VERIFIED COMPLAINT

TO FORECLOSE HOME EQUITY CONVERSION MORTGAGE

2.

October 5, 2016

As to paragraph 2 of the Complaint, I deny the allegations. The chain of title is fatally

defective. The Plaintiff has not complied with Florida Statutes section 702.015 Elements of
complaint; lost, destroyed, or stolen note affidavit. Copies of the Note and Mortgage are NOT
attached as Exhibits "A" and "B," respectively. Pursuant to Article IX of the trust, section C.
Disability of Grantor(s), 1. The mental incapacity of Grantor Penelope M. Gillespie, as
determined by the written opinion of her regularly attending licensed physician, is no longer a
Trustee, nor shall the Grantor have the right to become Trustee.
3.

As to paragraph 3 of the Complaint, I deny the allegations. Copies of the relevant

Assignments of Mortgage are NOT attached as Composite Exhibit "C."

4.

As to paragraph 4 of the Complaint, I deny the allegations. The Plaintiff is NOT entitled

to enforce the Note and Mortgage pursuant to F.S. 673.3011. Section 673.3051 of the Florida
Statutes provides for defenses and claims in recoupment. Subpart (1)(a)2. provides a defense for
"lack of legal capacity, or illegality of the transaction which, under other law, nullifies the
obligation of the obligor;" and extinguished all equities of redemption.
Section 673.3051, Florida Statutes, defenses and claims in recoupment.
(1) Except as stated in subsection (2), the right to enforce the obligation of a party to pay
an instrument is subject to:
(a) A defense of the obligor based on:
2. Duress, lack of legal capacity, or illegality of the transaction which, under other law,
nullifies the obligation of the obligor;
Section 673.3051(1)(a)3 of the Florida Statutes, provides for defenses and claims in recoupment.
Subpart (1)(a)3 provides a defense for Fraud that induced the obligor to sign the instrument
with neither knowledge nor reasonable opportunity to learn of its character or its essential
terms; and extinguished all equities of redemption.
Section 673.3051, Florida Statutes, defenses and claims in recoupment.
(1) Except as stated in subsection (2), the right to enforce the obligation of a party to pay
an instrument is subject to:
2

DEFENDANTS FIRST AMENDED ANSWER TO VERIFIED COMPLAINT

TO FORECLOSE HOME EQUITY CONVERSION MORTGAGE

October 5, 2016

(a) A defense of the obligor based on:

3. Fraud that induced the obligor to sign the instrument with neither knowledge nor
reasonable opportunity to learn of its character or its essential terms; or
5.

As to paragraph 5 of the Complaint, I admit the allegations.

6.

As to paragraph 6 of the Complaint, I admit the allegations.

7.

As to paragraph 7 of the Complaint, I deny the allegations.

8.

As to paragraph 8 of the Complaint, I deny the allegations.

9.

As to paragraph 9 of the Complaint, I deny the allegations.

10.

As to paragraph 10 of the Complaint, I deny the allegations.

11.

As to paragraph 11 of the Complaint, I deny the allegations.

12.

As to paragraph 12 of the Complaint, I deny the allegations. I own the property and hold

title to the property in my name, Neil J. Gillespie.

13.

As to paragraph 13 of the Complaint, I deny the allegations.

14.

As to paragraph 14 of the Complaint, I deny the allegations.

15.

As to paragraph 15 of the Complaint, I deny the allegations. I do not have a spouse.

16.

As to paragraph 16 of the Complaint, I deny the allegations.

17.

As to paragraph 17 of the Complaint, I deny the allegations.

18.

As to paragraph 18 of the Complaint, I deny the allegations.

19.

As to paragraph 19 of the Complaint, I deny the allegations. The Plaintiff wrongly sued

the Oak Run Homeowners Association, Inc. (ORHA) under the mistaken belief that ORHA is
a Chapter 720 Homeowners Association. The property is not a condominium. ORHA is not
subject to F.S. 718.116 and/or 720.3085. ORHA is NOT a traditional HOA. ORHA is simply
a social organization, a non-profit HA. There are no HOA fees. The Oak Run Homeowners
Association (ORHA) does not own any of the common areas.

DEFENDANTS FIRST AMENDED ANSWER TO VERIFIED COMPLAINT

TO FORECLOSE HOME EQUITY CONVERSION MORTGAGE

20.

October 5, 2016

As to paragraph 20 of the Complaint, I deny the allegations. Defendant Development &

Construction Corporation of America (DECCA) does not have a perfected lien against me as
alleged. DECCA filed a Claim of Lien against me that I have challenged.
21.

As to paragraph 21 of the Complaint, I am without legal knowledge to answer; denied.

22.

As to paragraph 22 of the Complaint, I deny the allegations.

23.

As to paragraph 23 of the Complaint, I deny the allegations.

Affirmative Defenses, Counterclaims and Cross-Claims to be provided.

RESPECTFULLY SUBMITTED October 5, 2016.

Neil J. Gillespie, individually, and former Trustee

F.S. Ch. 736 Part III, of the Terminated Trust
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

Service List October 5, 2016

I hereby certify the names below were served by email October 5, 2016 through the Florida
Portal, unless otherwise expressly stated.
Office of Inspector General, OIGHotline
c/o Board of Governors of
the Federal Reserve System
20th Street and Constitution Avenue, NW
Mail Stop K- 300
Washington, DC 20551
Email: OIGHotline@frb.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750

SEC Office of the Whistleblower

100 F Street NE
Washington, DC 20549
Phone: (202) 551-4790
Fax: (703) 813-9322
Via U.S. Mail, First Class
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750
Not served on the Florida Portal

The Honorable Richard Cordray, Director

Consumer Finance Protection Bureau
1700 G Street, NW
Washington, DC 20002
Email: Richard.Cordray@cfpb.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750

Stefanie Isser Goldblatt

Senior Litigation Counsel
Enforcement Division
Consumer Finance Protection Bureau
Email: Stefanie.Goldblatt@cfpb.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750

FBI Tampa Division

Special Agent in Charge, Paul Wysopal
Website: https://www.fbi.gov/tampa
Email: tampa.division@ic.fbi.gov

FBI Jacksonville Division

Special Agent in Charge, Michelle S. Klimt
Website: https://www.fbi.gov/jacksonville
Email: jacksonville@ic.fbi.gov

The Honorable Don F. Briggs

Chief Judge, Fifth Judicial Circuit
Lake County Judicial Center
550 W. Main Street
Tavares, FL 32778-7800.
Tel. 352-742-4224
Email: dbriggs@circuit5.org

The Honorable Ann Melinda Craggs

Circuit Court Judge, Fifth Judicial Circuit
Marion County Judicial Center
110 NW 1st Ave.
Ocala, FL 34475
Tel: 352-401-6785
Email: amcraggs@circuit5.org

Mr. Curtis Wilson, Esq.

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

Ms. Colleen Murphy Davis, AUSA

400 N. Tampa Street, Suite 3200
Tampa, FL 33602
Email: USAFLM.HUD@usdoj.gov
JAXSFFORECLOSURES@hud.gov
JAXSFORECLOSURES@hud.gov
lydia.a.brush@gmail.com

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

David R. Ellspermann Marion County Clerk

of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
Email: Ellspermann@marioncountyclerk.org

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

Oak Run Homeowners Association, Inc.

c/o Board of Directors, orhaboard@yahoo.com

Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997; Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net
Neil J. Gillespie
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; (NONE); Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net
Elizabeth Bauerle n/k/a Elizabeth Bidgood
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net

Unknown spouse of Elizabeth Bidgood,

n.k.a. Scott Bidgood
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net

Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
STATE OF FLORIDA
COUNTY OF MARION

1111111111111111111111111111111111111111

)
) SS.:
)

DAVID R EllSPERMANN CLERK & COMPTROLLER MARION

AFFIDAVIT

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").

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..

"

My Florida residential homestead property is the sole asset of the Trust, property address

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8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I
have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.
7013-007-00 I, legal description:
Lot(s) ], Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through I ]2, inclusive of the Public Records of
Marion County, Florida.
4.

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

the remaining trust property to the beneficiary, myself, on January 14, 2015.
5.

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

terminate the Trust as provided by Fla. Stat. 736.0414, and Article V, the Trust. The total fair
market value of the assets of the Trust is zero. The Trust served its intended purpose of
transferring the property to the beneficiary without going through probate.
6.

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

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

Book6161/Page1844

CFN#2015009748

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DATE: 02/03/2015 11 :55:32 AM

FILE #: 2015009748 OR BK 6161 PGS 1844-1845
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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,
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by Neil J. Gillespie, who is personally known to me, or who has produced
.
as
. identification and states that he is. the person who made this affidavit and that its co~tents are
truthful to the best of his knowledge, information and belief.

(SEAL)

Notary Public State of Florida

Angelica Cruz

NOTAR

My Commission EE067986
Expires 02127/2015

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Print Na of Notary PublIc

My Commission Expires: --2J......;;J;_~-=.._'_)5

Book6161/Page1845

CFN#2015009748

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