Date post: | 07-Aug-2018 |
Category: |
Documents |
Upload: | neil-gillespie |
View: | 221 times |
Download: | 0 times |
of 25
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
1/71
THIS IS NOT A COMMERCIAL FORCLOSURE 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. Residential HECM Foreclosure Case
Florida Homestead of Neil J. Gillespie
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.
Defendants.
________________________________________/
DEFENDANTS’ MOTION FOR CLERK TO REASSIGN CASE TO ANOTHER JUDGE
Rule 2.330(j) Florida Rules of Judicial Administration
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, and a vulnerable
adult, henceforth in the first person, reluctantly appears pro se, and moves under Rule 2.330(j)
Florida Rules of Judicial Administration, for the Clerk to reassign this case to another judge:
1. On November 11, 2015 the Clerk docketed AFFIDAVIT OF NEIL J. GILLESPIE
MOTION TO DISQUALIFY JUDGE HALE STANCIL NOV-09-2015, Filing # 34313389
E-Filed 11/11/2015 03:01:30 AM. Exhibit 1.
2. My affidavit and motion to disqualify Judge Hale Stancil that appears at Exhibit 1 was
served on Judge Stancil by the Florida Portal (Exhibit 2) on November 11, 2015 at 3:01 AM at
the email address that appears on The Florida Bar online directory page for Judge Stancil,
Flroida Bar ID 165425, [email protected] (Exhibit 3).
Filing # 36445015 E-Filed 01/12/2016 12:09:42 PM
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
2/71
DEFENDANTS’ MOTION FOR CLERK TO REASSIGN CASE TO ANOTHER JUDGE January 12, 2016
Rule 2.330(j) Florida Rules of Judicial Administration
2
3. My affidavit and motion to disqualify Judge Hale Stancil that appears at Exhibit 1 was
also provided to Judge Stancil by United Parcel Service (UPS) tracking #1Z64589FP296682800.
Proof of Delivery November 12, 2015 at 10:36 AM, and shipping, appear at Exhibit 4.
4. Judge Hale Stancil has NOT within 30 days filed with the clerk evidence of a ruling on
my affidavit and motion to disqualify Judge Stancil that appears at Exhibit 11.
5. Judge Hale Stancil has NOT within 30 days provided me evidence of a ruling on my
affidavit and motion to disqualify Judge Stancil that appears at Exhibit 1.
6. Pursuant to Rule 2.330(j) Florida Rules of Judicial Administration,
(j) Time for Determination. The judge shall rule on a motion to disqualify immediately,
but no later than 30 days after the service of the motion as set forth in subdivision (c). If
not ruled on within 30 days of service, the motion shall be deemed granted and the
moving party may seek an order from the court directing the clerk to reassign the case.
7. Judge Stancil’s 30 days time to respond under Rule 2.330(j) expired December 11, 2015.
8. Because of the forgoing facts, and Rule 2.330(j), my affidavit and motion to disqualify
Judge Hale Stancil that appears at Exhibit 1 is deemed granted. I hereby move for an order from
the court directing the clerk to reassign the case.
WHEREFORE, I move for an order from the court directing the clerk to reassign this case.
RESPECTFULLY SUBMITTED January 12, 2016.
Neil J. Gillespie, individually, and former Trustee,
F.S. Ch. 736 Part III, of the Terminated Trust8092 SW 115th Loop Phone: 352-854-7807
Ocala, Florida 34481 mail: [email protected]
1 Judge Stancil entered an order December 12, 2015 that denied my motion to disqualify filed
December 6, 2015. But Judge Stancil has not ruled on the instant motion to disqualify.
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
3/71
DEFENDANTS’ MOTION FOR CLERK TO REASSIGN CASE TO ANOTHER JUDGE January 12, 2016
Rule 2.330(j) Florida Rules of Judicial Administration
3
Service List January 12, 2016
I hereby certify the following names were served by email today January 12, 2016through the Florida Portal.
Neil J. Gillespie
The Honorable Hale R. Stancil
Email: [email protected]
Marion County Judicial Center
110 N.W. 1st Avenue
Ocala, FL 34475
Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AUSA
McCalla Raymer, LLC 400 N. Tampa Street, Suite 3200
225 E. Robinson Street, Ste. 660 Tampa, FL 33602
Orlando, FL 32801 Email: [email protected]
Email: [email protected] [email protected]
Gregory C. Harrell David R. Ellspermann Marion County Clerk
General Counsel to David R. Ellspermann, of Court & Comptroller
Marion County Clerk of Court & Comptroller P.O. Box 1030
P.O. Box 1030 Ocala, Florida 34478-1030
Ocala, Florida 34478-1030 Email: [email protected]
Email: [email protected]
Development & Construction Corporation Oak Run Homeowners Association, Inc.
of America, c/o Carol Olson, Vice President c/o Board of Directors, [email protected]
of Administration and Secretary-Treasurer,
for RA Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Email: [email protected]
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
Email: [email protected]
Email: [email protected]
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
4/71
DEFENDANTS’ MOTION FOR CLERK TO REASSIGN CASE TO ANOTHER JUDGE January 12, 2016
Rule 2.330(j) Florida Rules of Judicial Administration
4
Neil J. Gillespie Mark Gillespie
8092 SW 115th Loop 7504 Summer Meadows Drive
Ocala, FL 34481 Ft. Worth, TX 76123
Email: [email protected] Email: [email protected]
Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: [email protected]
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Email: [email protected]
Elizabeth Bauerle n/k/a Elizabeth Bidwood Unknown spouse of Elizabeth Bauerle
7504 Summer Meadow Drive 6356 SW 106th Place
Ft. Worth, TX 76123 Ocala, FL 34476
Email: [email protected] Email: [email protected]
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
5/71
THIS IS NOT A COMMERCIAL FORCLOSURE 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. Residential Home Foreclosure Case
Florida Homestead of Neil J. Gillespie
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.
Defendants.
________________________________________/
STATE OF FLORIDA )
) SS.:
COUNTY OF MARION )
AFFIDAVIT OF NEIL J. GILLESPIE
MOTION TO DISQUALIFY JUDGE HALE STANCIL NOV-09-2015
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who, upon oath,
deposes and says:
1. I am over the age of eighteen and am competent to testify as to the facts and matters setforth herein;
2. I make this affidavit upon personal knowledge of the matters set forth herein unless
otherwise stated;
3. Today November 9, 2015 the Marion County Clerk’s public online docket in the above
captioned case shows “Default Entered” at document no. 228, 3 pages. (Exhibit 1)
4. The document appearing today November 9, 2015 as document no. 228 at the “Default
Entered” location described in paragraph 3 appears at Exhibit 2, but does not show that default
was entered. Instead, there is a hand-written message in the signature block for the Clerk of theCircuit Court of the document, which is “MOTION TO DEFAULT” dated November 3, 2015
and signed by Curtis Wilson, a/k/a Curtis Alan Wilson (Fla. Bar No. 77669) of McCalla Raymer,
LLC, Filing # 33997561 E-Filed 11/03/2015 at 12:50:25 PM. The hand-written message states:
“Default Not Entered Against Elizabeth Bauerle [By] Motion Filed W/The Clerk
10/28/15 - you may Request A “Judicial” Default” followed by “NH” with a circle
around, and 11.9.15 below
Filing # 34313389 E-Filed 11/11/2015 03:01:30 AM
1
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
6/71
AFFIDAVIT OF NEIL J. GILLESPIE November 9, 2015
TO DISQUALIFY JUDGE HALE STANCIL NOV-09-2015
2
5. Attorney Curtis Wilson is also known as Curtis Wilson, Esq., and is also known as Curtis
Alan Wilson, Fla. Bar No. 77669, of McCalla Raymer, LLC, and perhaps other names. See the
Florida Bar attorney directory page for Curtis Alan Wilson, Fla. Bar No. 77669. (Exhibit 3).
6. The foregoing is evidence of a criminal conspiracy between Judge Hale Stancil, Clerk David R. Ellspermann and attorney Curtis Wilson a/k/a/ Curtis Alan Wilson, against Chapter
777, Florida Statutes, and section 777.04 Attempts, solicitation, and conspiracy.
7. On November 6, 2015 document no. 225 appeared as a 2 page “locked” eFiled document
on the Marion County Clerk’s public online docket. (Exhibit 4).
8. Today November 9, 2015 document no. 225 was not “locked” and shows “AFFIDAVIT
OF CONSTRUCTIVE SERVICE FL BAR NO. 77669” (Unofficial Document, Exhibit 5) by
Curtis Wilson, Esq. (but signed Curtis Wilson Nov-03-2015) also known as Curtis Alan Wilson,
Fla. Bar No. 77669. The Unofficial Document, AFFIDAVIT OF CONSTRUCTIVE SERVICE
FL BAR NO. 77669, (Exhibit 5) states in relevant part:
Before me, the undersigned authority, personally appeared, Curtis Wilson, Esq, who, first
being duly sworn, deposes and says:
1. Affiant is the attorney for the Plaintiff in this action. He has retained the services
of Provest, LLC to make diligent search and inquiry to discover the name and residence
of UNKNOWN SETTLORS BENEFICIARIES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED FEBRUARY 4, 1997, Defendant(s) in this
action and they are set forth in this statement as particularly as is investigated by them.
2. After making diligent search and inquiry, the residence of said Defendant(s)UNKNOWN SETTLORS BENEFICIARIES OF THE GILLESPIE FAMILY LIVING
TRUST AGREEMENT DATED FEBRUARY 4, 1997, is unknown to and Provest, LLC
is unable to determine if said Defendant(s) are living or dead.
3. The Defendant is over the age of 18 years
9. DEFENDANTS’ ANSWER TO VERIFIED COMPLAINT TO FORECLOSE HOME
EQUITY CONVERSION MORTGAGE (HECM); DEFENSES AND CLAIMS IN
RECOUPMENT; OTHER DEFENSES; COUNTER-CLAIMS; AND CROSS-CLAIMS, Filing
# 23275828 E-Filed 02/03/2015 01:25:45 AM, appears as Exhibit 6, a separate 32 page volume,
and negates the preceding AFFIDAVIT OF CONSTRUCTIVE SERVICE FL BAR NO. 77669.
10. The foregoing is a continuation of the criminal conspiracy of Judge Hale Stancil, Clerk
David R. Ellspermann, and attorney Curtis Wilson, a/k/a Curtis Alan Wilson, see
DEFENDANT GILLESPIE’S RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
7/71
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
8/71
AFFIDAVIT OF NEIL J. GILLESPIE November 9, 2015
TO DISQUALIFY JUDGE HALE STANCIL NOV-09-2015
4
Question of disqualification of a trial judge focuses on those matters from which a litigant may
reasonably question a judge's impartiality rather than the court's own perception of its ability to
act fairly and impartially. West’s F.S.A. § 38.10, Valdes-Fauli v. Valdes-Fauli, 903 So.2d 214,
Fla.App. 3 Dist.,2005 reh'g denied, (Feb. 17, 2005).
18. Sufficiency of motion or affidavit of prejudice. A motion to disqualify must show that the party fears that he or she will not receive a fair trial or hearing because: (1) of a specifically
described prejudice or bias of the judge; Fla. R. Jud. Admin., Rule 2.160 (d)(1). Generally, the
critical determination in deciding the legal sufficiency of a motion to disqualify has been
whether the facts alleged would prompt a reasonably prudent person to fear he or she would not
receive a fair trial, Barnhill v. State, 834 So.2d 836 Fla., 2002. If a motion to recuse is
technically sufficient and the facts alleged therein also would prompt a reasonably prudent
person to fear that he or she could not get a fair and impartial trial from the judge, the motion is
legally sufficient and should be granted. Coleman v. State, 866 So.2d 209, Fla.App. 4 Dist.,2004.
The motion to disqualify a judge should contain facts germane to the judge's undue bias,
prejudice, or sympathy. Chamberlain v. State, 881 So.2d 1087, Fla., 2004.
19. Whether a motion to disqualify a judge is legally sufficient requires a determination as to
whether the alleged facts would create in a reasonably prudent person a well-founded fear of not
receiving a fair and impartial trial. Fla. R. Jud. Admin., Rule 2.160 (f), Rodriguez v. State, 919
So.2d 1252, Fla.,2005, as revised on denial of reh'g, (Jan. 19, 2006). The primary consideration
in determining whether motion to disqualify trial judge should be granted is whether the facts
alleged, if true, would place a reasonably prudent person in fear of not receiving a fair and
impartial trial. Arbelaez v. State, 898 So.2d 25, Fla.,2005, reh'g denied, (Mar. 18, 2005). A
motion for disqualification must be granted if the alleged facts would cause a reasonably prudent
person to have a well-founded fear that he/she would not receive a fair and impartial trial. Jarp v.
Jarp, 919 So.2d 614, Fla.App. 3 Dist.,2006. The test a trial court must use in determining
whether a motion to disqualify a judge is legally sufficient is whether the facts alleged would place a reasonably prudent person in fear of not receiving a fair and impartial trial. Scott v. State,
909 So.2d 364, Fla.App. 5 Dist.,2005, reh'g denied, (Sept. 2, 2005). The motion to disqualify a
judge must be well-founded and contain facts germane to the judge's undue bias, prejudice, or
sympathy. Scott v. State, 909 So.2d 364, Fla.App. 5 Dist.,2005, reh'g denied, (Sept. 2, 2005).
20. Disqualification is required when litigants demonstrate reasonable, well-grounded fear
that they will not receive fair and impartial trial, or that judge has pre-judged case. Williams v.
Balch, 897 So.2d 498, Fla.App. 4 Dist., 2005.
21. Time for filing motion; waiver of objection. 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 themotion and shall be promptly presented to the court for an immediate ruling. Fla. R. Jud.
Admin., Rule 2.160(e). Although a petition to disqualify a judge is not timely filed,
extraordinary circumstances may warrant the grant of an untimely motion to recuse. Klapper-
Barrett v. Nurell, 742 So.2d 851, Fla.App. 5 Dist.,1999.
22. Judicial determination of initial motion. 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
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
9/71
AFFIDAVIT OF NEIL J. GILLESPIE
November
9 2015
TO DISQUALIFY JUDGE HALE STANCIL NOV-09-2015
the truth of the facts alleged. Fla. R Judicial Admin. 2.160(t).
No
other reason for denial shall
be stated, and an order of denial shall not tale issue with the motion. Fla. R. Judicial Admin.
2.160(t). 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). 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 nlovant's perspective. Siegel v. State,
861
So.2d 90,
Fla.App. 4 Dist.,2003.
23. 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.,200
1
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.
24. 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.
25. 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. 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. 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. 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.
The undersigned movant certifies that the motion and the movant's statements are made
in good faith.
Under penalties of perjury, I declare that I have read the foregoing motion and the facts
stated in it are true.
FURTHER
AFFIANT SAYETH NOT,
5
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
10/71
AFFIDAVIT OF NEIL
J.
GILLESPIE
November 9, 2015
TO DISQUALIFY JUDGE HALE STANCIL NOV-09-2015
The foregoing instrument was acknowledged before me, this
q daX of
November 2015,
by Neil J. Gillespie, who is personally known to me,
or
who has produced fL
L
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.
(SEAL) TAISHA MORAN
OTARY PUBLIC
NOTARY
PUBLIC
STATE OF FLORtOA
Comm
FF011703
TatsHe= HQCQ n
•
• • Expires 412412017
Print Name o ~ r y Public
My
Commission Expires: L :J41
0 7
6
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
11/71
AFFIDAVIT OF NEIL J. GILLESPIE November 9, 2015
TO DISQUALIFY JUDGE HALE STANCIL
Certificate of Service
I hereby certify that today November 11, 2015 I served the forgoing to the following names onthe Florida E-filing Portal.
Judge Hale Stancil, Email: [email protected]
VIA UPS No. 1Z64589FP296682800
Judge Hale Stancil
Marion County Judicial Center
110 N.W. 1st Avenue
Ocala, FL 34475
Curtis Wilson a/k/a Curtis Alan Wilson (Fla. Bar No. 77669)
McCalla Raymer LLC
Email: [email protected]
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel: 352-854-7807Email: [email protected]
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
12/71
New Search Expand AllCase Information
422013CA000115CAA 01/09/2013 MARION Circuit Civil 37-D OPEN
STANCIL, HALE R JUDGE
REVERSE
MORTGAGE
SOLUTIONS INC
PLAINTIFFWILSON, CURTIS
ALAN
77669
GILLESPIE, NEIL J DEFENDANT
OAK RUN
HOMEOWNERS
ASSOCIATION
DEFENDANT
UNITED STATES
OF AMERICADEFENDANT
BAUERLE,
ELIZABETHDEFENDANT
GILLESPIE, MARK DEFENDANT CAPARAS, TIFFANY 89863
GILLESPIE, NEIL J DEFENDANT
DEVELOPMENT &
CONSTRUCTION
COR
DEFENDANT
GILLESPIE, JOETTA DEFENDANT
228 11/09/2015 DEFAULT ENTERED 3
225 11/06/2015 AFFIDAVIT OF CONSTRUCTIVE SERVICE 2
226 11/06/2015 MOTION TO STRIKE SHAM PLEADINGS 97
227 11/06/2015 AFFIDAVIT OF NEIL J GILLESPIE AND MOTION TO DISQUALIF 14
224 11/04/2015 CERTIFICATE OF FILING 6
220 11/03/2015 EFILED MOTION FOR DEFAULT 3
221 11/03/2015 CERTIFICATE OF FILING 8
222 11/03/2015 AFFIDAVIT OF INABILITY TO DETERMINE MILITARY STATUS 1
https://www.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=CyTsX_QZPFTZAwafrJy-kIzdO_L9qvQZMhxh
1
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
13/71
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
14/712
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
15/71
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
16/71
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
17/71
Ethics Rules Professionalism Log In
Search The Florida Bar
THE FLORIDA BAR / Find A Lawyer / Profile
Member in Good Standing Eligible to Practice Law in Florida
Bar Number:
Mail Add ress:
Email:
Personal Bar URL:
vCard:
County:
Circuit:
Admit ted:
Young Lawyers
Division:
10-Year Disc ipline
History:
Law School:
Firm:
Firm Size:
Firm Position:
Firm Website:
Curtis Alan Wilson
77669
225 E Robinson St Ste 660
Orlando, FL 32801-4321
United States
Office: 407-674-1850 x2915
www.floridabar.org/mybarprofile/77669
Orange
9
04/20/2010
Member
None
Florida Coastal School of Law, 2009
Sections: Young Lawyers
Federal Courts: U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court, Middle District of Florida
U.S. District Court, Northern District of Florida
McCalla Raymer, LLC.
51 to 100
Associate
www.McCallaRaymer.com
The Find a Lawyer directory is provided as a public serv ice. The Florida Bar maintains limited basic information about attorneys licensed to practice in the state (e.g., name, address, year of
birth, gender, law schools attended, admission year). However, through this directory The Florida Bar allows individual attorneys the opportunity to pr ovide for public information certainexpanded personal and professional data. It is the attorney's responsibility to routinely review and update th ose expanded listings. The information contained in those expanded listings is
presented by the Bar "as is" with no warranty of any kind, express or implied. The Florida Bar, its Board of Gover nors, employees, and agents thereof are not responsible for the accuracy of
that additional data. Publication of attorneys' contact information within this listing should not be constr ued as their consent to receive unsolicited communications in any form. Certain
unauthorized uses of this data may result in civil or criminal penalties. The Find a Lawyer directory is not a lawyer referral service.
ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES LOG IN FIND A LAWYER
ps://www.floridabar.org/wps/portal/flbar/home/attysearch/mprofile/!ut/p/a1/jc_LDoIwEAXQT-pthRaWo6mkRazxgdCNYUWaKLowfr_42L
11/6/2015
3
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
18/71
About the Bar
President's Page
Board of Governors
Committees
Sections & Divisions
What We Do
Past Presidents
Frequently Asked Questions
History
Strategic Plan & Research
Working at the Bar
Contact Us
Diversity
Leadership Academy
News, Events &
Publications
Daily News Summary
The Florida Bar News
The Florida Bar Journal
News Releases
Calendars
Meetings
Media Res ources
Reporter's Handbook
Issue Papers
Publications
For the Public
Attorney Discipline
Consumer Information
Speakers Bureau
Courts
The Vote's in Your Court
Fair & Impartial Courts
Clients' Security Fund
Prepaid Legal Services
Pro Bono/Legal Aid
Unlicensed Practice of Law
Lawyer Referral Service
Member Services
Continuing Legal Education
Board Certification
Benefits and Discounts
Employment Opportunities
Lawyers Advising Lawyers
Florida Lawyers Assistance
E-filing Resources
Practice Resource Institute
Pro Bono Information
Legislative Activity
Lawyer Referral Service
Voluntary Bar Center
Directories
Lawyers
Authorized House Counsel
Certified Foreign Legal
Consultants
Law Faculty Affiliates
Florida Registered Paralegals
Section Membership
Board Certified Lawyers
Florida Bar Staff
Courts and Judges
Legal Groups and Law Schools
Judicial Nominating Commission
Research &
Professionalism
Ethics Opinions
Rules Regulating the Bar
Fastcase Legal Research
PRI - Practice Resource Institute
Henry Latimer Center for
Professionalism
ps://www.floridabar.org/wps/portal/flbar/home/attysearch/mprofile/!ut/p/a1/jc_LDoIwEAXQT-pthRaWo6mkRazxgdCNYUWaKLowfr_42L
11/6/2015
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
19/71
neil.gillespie
New Search Expand AllCase Information
422013CA000115CAA 01/09/2013 MARION Circuit Civil 37-D OPEN
STANCIL, HALE R JUDGE
REVERSE
MORTGAGE
SOLUTIONS INC
PLAINTIFFWILSON, CURTIS
ALAN77669
GILLESPIE, NEIL J DEFENDANT
OAK RUN
HOMEOWNERS
ASSOCIATION
DEFENDANT
UNITED STATES
OF AMERICADEFENDANT
BAUERLE,ELIZABETH
DEFENDANT
GILLESPIE, MARK DEFENDANT CAPARAS, TIFFANY 89863
GILLESPIE, NEIL J DEFENDANT
DEVELOPMENT &
CONSTRUCTION
COR
DEFENDANT
GILLESPIE, JOETTA DEFENDANT
225 11/06/2015 eFiled Document 2
224 11/04/2015 CERTIFICATE OF FILING 6
220 11/03/2015 EFILED MOTION FOR DEFAULT 3
221 11/03/2015 CERTIFICATE OF FILING 8
222 11/03/2015 AFFIDAVIT OF INABILITY TO DETERMINE MILITARY STATUS 1
https://www.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=CyTsX_QZPFTZAwafrJy-kIzdO_L9qvQZMhxh
11/6/2015 14
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
20/71
223 11/03/2015 AFFIDAVIT OF CONSTRUCTIVE SERVICE 1
218 06/18/2015 NOTICE OF FILING APPEAL TO FLORIDA SUPREME COURT 51
216 06/17/2015 NOTICE OF FILING CORRECTED ORIGINAL TRANSCRIPT 2
217 06/17/2015 TRANSCRIPT CONT - SEE DOC 15
215 06/16/2015 NOTICE OF FILING CORRECTED ORIGINAL TRANSCRIPT 18
https://www.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=CyTsX_QZPFTZAwafrJy-kIzdO_L9qvQZMhxh
11/6/2015 1
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
21/715
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
22/71
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
23/71
THIS IS NOT A COMMERCIAL FORCLOSURE 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. Residential Home Foreclosure Case
Florida Homestead of Neil J. Gillespie
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.
Defendants.
________________________________________/
DEFENDANTS’ ANSWER TO VERIFIED COMPLAINT TO FORECLOSE
HOME EQUITY CONVERSION MORTGAGE (HECM); DEFENSES AND CLAIMS IN
RECOUPMENT; OTHER DEFENSES; COUNTER-CLAIMS; AND CROSS-CLAIMS
Defendants 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”), a person with disabilities, indigent, denied counsel appointment, and
reluctantly appearing pro se, answers the Plaintiff’s Verified Complaint To Foreclose Home
Equity Conversion Mortgage (HECM) (“Verified Complaint”, “HECM”, and/or “reverse
mortgage”), demand trial by jury, and allege:
1. As to paragraph 1 of the Verified Complaint, Defendants deny the allegations. A HECM
reverse mortgage is a non-recourse loan and the lender has no further means to collect the debt.
2. As to paragraph 2 of the Verified Complaint, Defendants deny the allegations. A HECM
reverse mortgage is a non-recourse loan and the lender has no further means to collect the debt.
There nothing is attached to the Verified Complaint as Exhibits "A" and "B," respectively.Previously I notified HUD and RMS that the mortgage alleged to be recorded in the public
records of Marion County was void for interlineation, a hand-written material alteration, not
initialed and not dated. See Bland v. Fidelity Trust Co., 71 Fla. 499, 71 So. 630 (1916). Under
Florida law a material alteration voids the instrument and destroys the identity of the contract
rendering it unenforceable. The interlineation is evidence of fraud by the lender and/or lender-
affiliated parties.
Filing # 23275828 E-Filed 02/03/2015 01:25:45 AM
6
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
24/71
DEFENDANTS’ ANSWER TO VERIFIED COMPLAINT TO FORECLOSE
HOME EQUITY CONVERSION MORTGAGE (HECM); DEFENSES AND CLAIMS IN RECOUPMENT;
OTHER DEFENSES; COUNTER-CLAIMS; AND CROSS-CLAIMS
2
3. As to paragraph 3 of the Verified Complaint, Defendants deny the allegations. Nothing
is attached to the Verified Complaint as Composite Exhibit "C." A HECM reverse mortgage is a
non-recourse loan and the lender has no further means to collect the debt.
4. As to paragraph 4 of the Verified Complaint, Defendants deny the allegations. A HECMreverse mortgage is a non-recourse loan and the lender has no further means to collect the debt.
5. As to paragraph 5 of the Verified Complaint, Defendants admit the allegation. Each
month the Plaintiff sends a monthly statement to Penelope Gillespie, see attached. The Plaintiff
sued the wrong party. A HECM foreclosure must commence within 6 months. 24 C.F.R. §
206.125(d)(1). Bank of America gave notice October 5, 2009 the mortgage was due and payable.
The Plaintiff did not foreclose until January 9, 2013. The time has expired, even under Fla. law.
A HECM reverse mortgage is a non-recourse loan and the lender has no further means to collect
the debt.
6. As to paragraph 6 of the Verified Complaint, Defendants deny the allegations. A HECMreverse mortgage is a non-recourse loan and the lender has no further means to collect the debt.
The property is the principal residence of me, Neil J. Gillespie, my homestead property, which is
exempt from levy and execution under Section 4, Article X of the Florida State Constitution.
7. As to paragraph 7 of the Verified Complaint, Defendants deny the allegations. A HECM
reverse mortgage is a non-recourse loan and the lender has no further means to collect the debt.
The Plaintiff filed notice of lis pendens on or about January 9, 2013. Validity of a notice of lis
pendens is one year from filing. § 48.23(2), Fla. Stat. (2013). The Plaintiff failed to renew the lis
pendens and it is not valid. Pursuant to my authority as Trustee of the Trust, and acting in that
capacity, I transferred the property to the beneficiary, myself, on January 14, 2015. Pursuant to
my authority as Trustee of the Trust, and acting in that capacity, I terminated the Trust as provided by Fla. Stat. § 736.0414, and Article V, the Trust.
8. As to paragraph 8 of the Verified Complaint, Defendants deny the allegations.
9. As to paragraph 9 of the Verified Complaint, Defendants deny the allegations. A HECM
reverse mortgage is a non-recourse loan and the lender has no further means to collect the debt.
10. As to paragraph 10 of the Verified Complaint, Defendants deny the allegations. A HECM
reverse mortgage is a non-recourse loan and the lender has no further means to collect the debt.
11. As to paragraph 11 of the Verified Complaint, Defendants are without knowledge and therefore deny the allegations. A HECM reverse mortgage is a non-recourse loan and the lender
has no further means to collect the debt.
12. As to paragraph 12 of the Verified Complaint, Defendant denies the allegations. The
Plaintiff failed to perfect service on me personally and as Trustee. A HECM reverse mortgage is
a non-recourse loan and the lender has no further means to collect the debt.
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
25/71
DEFENDANTS’ ANSWER TO VERIFIED COMPLAINT TO FORECLOSE
HOME EQUITY CONVERSION MORTGAGE (HECM); DEFENSES AND CLAIMS IN RECOUPMENT;
OTHER DEFENSES; COUNTER-CLAIMS; AND CROSS-CLAIMS
3
13. As to paragraph 13 of the Verified Complaint, Defendants are without knowledge and
therefore deny the allegations. A HECM reverse mortgage is a non-recourse loan and the lender
has no further means to collect the debt.
14. As to paragraph 14 of the Verified Complaint, Defendants deny the allegations. Therecord shows the Plaintiff failed to effectuate service of process on Defendant, NEIL J.
GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED FEBRUARY 10,1997, which is not a proper party.
Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I terminated the
Trust as provided by Fla. Stat. § 736.0414, and Article V, the Trust. A HECM reverse mortgage
is a non-recourse loan and the lender has no further means to collect the debt.
15. As to paragraph 15 of the Verified Complaint, Defendants deny the allegations.
16. As to paragraph 16 of the Verified Complaint, Defendants deny the allegations. On
information and belief, the Plaintiff failed to follow the procedure for constructive service of process, and appointment of guardian ad litem for UNKNOWN SPOUSE OF ELIZABETH
BAUERLE. A HECM reverse mortgage is a non-recourse loan and the lender has no further
means to collect the debt.
17. As to paragraph 17 of the Verified Complaint, Defendants are without knowledge and
therefore deny the allegations. A HECM reverse mortgage is a non-recourse loan and the lender
has no further means to collect the debt.
18. As to paragraph 18 of the Verified Complaint, Defendants deny the allegations. The
record shows the Plaintiff failed to effectuate service of process on UNKNOWN TENANT IN
POSSESSION 1 and UNKNOWN TENANT IN POSSESSION 2. A HECM reverse mortgage isa non-recourse loan and the lender has no further means to collect the debt.
19. As to paragraph 19 of the Verified Complaint, Defendants deny the allegations. ORHA is
an improper party. A HECM reverse mortgage is a non-recourse loan and the lender has no
further means to collect the debt.
20. As to paragraph 20 of the Verified Complaint, Defendants deny the allegations. A HECM
reverse mortgage is a non-recourse loan and the lender has no further means to collect the debt.
21. As to paragraph 21 of the Verified Complaint, Defendants deny the allegations. A HECM
reverse mortgage is a non-recourse loan and the lender has no further means to collect the debt.
22. As to paragraph 22 of the Verified Complaint, Defendants deny the allegations. Plaintiff
failed to make service of process on THE UNKNOWN TRUSTEES, SETTLERS AND
BENEFICIARIES or other parties claiming an interest in the subject property by, through, under,
or against UNKNOWN SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING
TRUST AGREEMENT DATED FEBRUARY 10, 1997. The Plaintiff failed to follow the
procedure for constructive service of process, and appointment of guardian ad litem for “THE
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
26/71
DEFENDANTS’ ANSWER TO VERIFIED COMPLAINT TO FORECLOSE
HOME EQUITY CONVERSION MORTGAGE (HECM); DEFENSES AND CLAIMS IN RECOUPMENT;
OTHER DEFENSES; COUNTER-CLAIMS; AND CROSS-CLAIMS
4
UNKNOWN TRUSTEES, SETTLERS AND BENEFICIARIES OF UNKNOWN
SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997.” Pursuant to my authority as Trustee of the Trust, and acting in
that capacity, I terminated the Trust as provided by Fla. Stat. § 736.0414, and Article V, the
Trust. A HECM reverse mortgage is a non-recourse loan and the lender has no further means tocollect the debt.
23. As to paragraph 23 of the Verified Complaint, Defendants deny the allegations. A HECM
reverse mortgage is a non-recourse loan and the lender has no further means to collect the debt.
The Plaintiff filed notice of lis pendens on or about January 9, 2013. Validity of a notice of lis
pendens is one year from filing. § 48.23(2), Fla. Stat. (2013). The Plaintiff failed to renew the lis
pendens and it is not valid. Pursuant to my authority as Trustee of the Trust, and acting in that
capacity, I transferred the property to the beneficiary, myself, on January 14, 2015. Pursuant to
my authority as Trustee of the Trust, and acting in that capacity, I terminated the Trust as
provided by Fla. Stat. § 736.0414, and Article V, the Trust.
DEFENDANTS’ DEFENSES AND CLAIMS IN RECOUPMENT, Sec. 673.3051 Fla. Stat.
See the AFFIDAVIT OF NEIL J. GILLESPIE - DEFENSES AND CLAIMS IN
RECOUPMENT, Section 673.4051(1)(a), Fla. Stat. lack of legal capacity of the borrower
Section 673.3051, 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;"
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
Defendants hereby assert under Fla. Stat. § 673.3051 all Defenses and claims in recoupment.
DEFENDANTS’ OTHER DEFENSES
A HECM reverse mortgage is a non-recourse loan and the lender has no further means to collect
the debt. The Plaintiff filed notice of lis pendens on or about January 9, 2013. Validity of a
notice of lis pendens is one year from filing. § 48.23(2), Fla. Stat. (2013). The Plaintiff failed to
renew the lis pendens and it is not valid. Pursuant to my authority as Trustee of the Trust, and
acting in that capacity, I transferred the property to the beneficiary, myself, on January 14, 2015.
Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I terminated theTrust as provided by Fla. Stat. § 736.0414, and Article V, the Trust.
The Plaintiff failed to effectuate service on the Defendants, therefore this Court does not have
lawful jurisdiction over the Defendants
Plaintiff sued the wrong party. Each month the Plaintiff sends a monthly statement to Penelope
Gillespie, see attached. The Plaintiff sued the wrong party. A HECM foreclosure must
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
27/71
DEFENDANTS’ ANSWER TO VERIFIED COMPLAINT TO FORECLOSE
HOME EQUITY CONVERSION MORTGAGE (HECM); DEFENSES AND CLAIMS IN RECOUPMENT;
OTHER DEFENSES; COUNTER-CLAIMS; AND CROSS-CLAIMS
5
commence within 6 months. 24 C.F.R. § 206.125(d)(1). Bank of America gave notice October 5,
2009 the mortgage was due and payable. The Plaintiff did not foreclose until January 9, 2013.
The time has expired, even under Fla. law. A HECM reverse mortgage is a non-recourse loan
and the lender has no further means to collect the debt.
Statute of Limitations. A HECM foreclosure must commence within 6 months. 24 C.F.R. §
206.125(d)(1). Bank of America gave notice October 5, 2009 the mortgage was due and payable.
The Plaintiff did not foreclose until January 9, 2013. The time has expired, even under Fla. law.
A HECM reverse mortgage is a non-recourse loan and the lender has no further means to collect
the debt.
DEFENDANTS’ COUNTER-CLAIMS
The Plaintiff failed to effectuate service on the Defendants, therefore this Court does not have
lawful jurisdiction over the Defendants, thus the Defendants’ counter-claims against the Plaintiff
will be brought by a separate action.
DEFENDANTS’ CROSS-CLAIMS
The Plaintiff failed to effectuate service on the Defendants, therefore this Court does not have
lawful jurisdiction over the Defendants, thus the Defendants’ cross-claims will be brought
against Counter Parties by a separate action.
RESPECTFULLY SUBMITTED February 2, 2015. CORRECTED Feb-03-2015
Neil J. Gillespie, individually, and former Trustee, F.S. Ch. 736 Part III, of the Terminated Trust
8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: [email protected]
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
28/71
Amended Certificate of Service
CORRECTED Feb-03-2015
I Hereby Certify that I provided February 2, 2015 CORRECTED Feb-03-2015
DEFENDANTS’ ANSWER TO VERIFIED COMPLAINT TO FORECLOSE HOME EQUITY
CONVERSION MORTGAGE (HECM); DEFENSES AND CLAIMS IN RECOUPMENT;OTHER DEFENSES; COUNTER-CLAIMS; AND CROSS-CLAIMS through the Florida E-
Filing Portal to names on the service list.
Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AUSA
McCalla Raymer, LLC 400 N. Tampa Street, Suite 3200
225 E. Robinson Street, Ste. 660 Tampa, FL 33602
Orlando, FL 32801 Email: [email protected]
Email: [email protected] [email protected]
Oak Run Homeowners Association, Inc. Development & Construction Corporation of America,Registered Agent Paul Pike c/o Carol Olson, Vice President of Administration,
11665 SW 72ND CIRCLE and Secretary-Treasurer, for RA Priya Ghumman
OCALA, FL 34476 10983 SW 89 Avenue
c/o ORHA President Ocala, FL 34481
Email: [email protected] Email: [email protected]
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
Email: [email protected]: [email protected]
Neil J. Gillespie Mark Gillespie
8092 SW 115th Loop 7504 Summer Meadows Drive
Ocala, FL 34481 Ft. Worth, TX 76123
Email: [email protected] Email: [email protected]
Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: [email protected]
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Email: [email protected]
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
29/71
2
Elizabeth Bauerle n/k/a Elizabeth Bidwood Unknown spouse of Elizabeth Bauerle
7504 Summer Meadow Drive 6356 SW 106th Place
Ft. Worth, TX 76123 Ocala, FL 34476
Email: [email protected] Email: [email protected]
NOTE: Plaintiff’s Counsel,
Danielle Nicole Parsons (FL Bar ID 29364),
Curtis Allen Wislon (FL Bar ID 77669), and,
McCalla Raymer, LLC, a Foreign Limited Liability Company (Georgia)
(collectively “McCalla Raymer”)
failed to follow the procedure for constructive service of process for Unknown Settlors
/Beneficiaries of The Gillespie Family Living Trust Agreement dated February 10, 1997, and
other unknown parties, and failed to move the Court for appointment of a representative for unknown parties. Judge Stancil stated in open court December 18, 2014 that only a lawyer can
represent a trust, but no lawyer was appointed to represent the unknown parties, or other parties.
RESPECTFULLY SUBMITTED February 2, 2015. CORRECTED Feb-03-2015
NEIL J. GILLESPIE, individually, and as former trustee, F.S. Ch. 736 Part III
8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807Email: [email protected]
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
30/71
~ :
RMS'"
Reverse Mortgage Solutions, Inc
Statement Date: January 01, 2015
5010 Unbar Drive, Suite 100
Nashville,
TN
37211
Year
Ending: December 31,
2014
Monthly
Statement
5618
PENELOPE M GILLESPIE
8092 SW 115TH LOOP
OCALA, FL 34481
*** THIS IS NOT A BILL ***
Account Information
Pay Plan Type:
Funded Date:
Loan
:
Borrower:
Property:
Line of Credit
06/16/2008
68011002615899
PENELOPE M GILLESPIE
8092
SW
115TH LOOP
OCALA, FL 34481
Interest Rates
Interest Rate Type: Monthly (1-Yr CMT)
Month Index Margin Int. Rate
(Index+Margin)
December: 0.110°A> 1.500°A> 1.610°A>
January: 0.140°A> 1.500°A> 1.640°A>
February (**) 0.270°A> 1.500%
1.770°A>
Your Reverse Mortgage loan has a variable-rate feature; the monthly and
daily periodic rates may vary
as a
result. Please refer to important
informatIon found on the back of this monthly statement and on the
additional page.
. Credit Line Set Aside Information
Original Credit Line:
$0.00
Current Gross Credit Line:
Unsch. Credit Line Disb. Bal. (-):
Net Credit Line Set Aside (=):
* Modified Term
or
Modified Tenure only
Principal Limit Information
Original Principal Limit
Current Principal Limit:
Loan Balance (-):
Servicing Fee Set Aside (-):
Repair Set Aside (-):
First Year Set Aside (-):
Credit Line Set Aside (-):
Net Principal Limit (=):
$0.00
$0.00
$0.00
$100,056.00
$117,213.44
$114,824.06
$3,638.23
$0.00
$0.00
$0.00
($1,248.85)
Interest Rate Information:
ANNUAL PERCENTAGE RATE (APR): 2.424°'c»
Loan Periodic Rates: Mortgage Insurance Premium (MIP) Periodic Rates:
Interest (Finance Charge):
IMonthly Periodic Rate on
IAPPlicable Principal Balance:
MIP Monthly Periodic Rate on Applicable
0.1340A> Principal Balance:
Periodic
Finance Charge: $153.75
Daily Periodic Rate on
MIP Daily Periodic Rate on Applicable
Applicable Advances or
0.004
0
A
Advances or Payments:
~ ~ y m n t s
Corresponding APR:
1.610°A>
Corresponding APR:
Notice
of
Changes in
your
Interest Rate on
your
Adjust able Rate Reverse Mortgage
On February 01, 2015, the interest rate on your adjustable-rate Reverse Mor tgage will increase from 1.640°A> to 1.770
%
. Your present
interest rate was based on an index value
of
0.140°A>.
To
determine your new interest rate, we added the current index value
of
0.270°A>
as
of
December
29 2014
as published by the Federal Reserve Bank, to the agreed upon margin of
1.500%
for a total of 1.770%. This new
rate has not been rounded to the nearest 1/8th percent. The initial interest rate on your mortgage was 3.660°A>, which may not be increased
beyond
13.660
during the life of the mortgage.
*Total Funds Available
Net Credit Line Set Aside
+
Net Principal Limit = $0.00
IN ORDER TO MAKE FUTURE WITHDRAWALS, YOU SHOULD MAINTAIN A MINIMUM 50.00 BALANCE IN YOUR LINE OF CREDIT
If you have any questions or would like further information on your reverse mortgage, please call our Customer Service Department.
Loan Skey: 69977
2727
Spring Creek
Drive
Spring TX 77373
Page 1
of
4
ep.Skey:
92
Phone (866) 503-5559 - Fax (866) 790-3451 -
TTY/TOD
(888) 827-6697
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
31/71
.:fI .
RMS'" Reverse
Mortgage
Solutions Inc
Statement
Date: January 01, 2015
5010 Unbar Drive, Suite 100
Nashville,
TN 37211
Year
Ending: December
31,2014
Loan Balance
ctivity
Current Month
Year
To
Date
114,592.56
revious Loan Balance
112,069.08
0.00
oan
Advance
I
Scheduled Payment (if applicable): 0.00
0.00
oan Advance / Unscheduled Disbursements (if applicable): 0.00
0.00 0.00
epair
Set
Aside Disbursements:
0.00
0.00
axes Paid:
Insurance Paid:
0.00 0.00
0.00 0.00
ther Property Charges:
153.75 1,828.33
nterest (Finance Charge):
MIP (Finance Charge): paid to HUD: 566.65
47.75
Monthly Servicing Fee (Finance Charge): 30.00
360.00
0.00
0.00
hange of Plan Fee/Misc. (Finance Charge):
0.00
0.00
'
:
Transaction Intll'c>rmatic>n):
754.98
otal Balance ity:
Closing Loan Balance as of December
31,2014
114,824.06
114,824.06
*
Corporate Advance (not part
of
Loan Balance):
1,945.40197.50
Transaction Information
Transaction Effective Transaction Description
Date Date
12/31/2014 12/31/2014
Monthly Interest, MIP Accrual
&
SF
12/29/2014 12/29/2014 Corp Adv - S306 - Other
12/19/2014 12/19/2014 Corp Adv - Prop Preserve - Prop
Inspect
12/05/2014 12/05/2014 Corp Adv - Prop Preserve - Prop
Inspect
Grand Total:
Principa.1 Interest
MIP Servicing Cumulative
Advances Fee
Loan
Advances this
Month
0.00 153.75 47.75
30.00
231.50 '
0.00 0.00 0.00 0.00 231.50 :
0.00
0.00 0.00 0.00
231.50
i
0.00
0.00 0.00 0.00
231.50 I
0.00
153.75 47.75 30.00 231.50 :
(/nt) Interest
-
(MIP) Mortgage Insurance Premium
-
(SF) Servicing Fee
-
(Disb) Advance Disbursement
-
(Part Repay) Partial Repayment
* Corporate
Advance (not
part of Loan
Balance)
0.0
157.5
20.0
20.0
197.5
Loan Skey: 69977
2727
Spring Creek
Drive,
Spring,
TX 77373
Page 2
of
4
Rep.Skey: 92
Phone (866) 503-5559 -
Fax
(866) 790-3451 -
TIY/TDD
(888) 827-6697
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
32/71
.
•
R
t5' Reverse
Mortgage Solutions
Inc
Statement
Date:
January
01, 2015
5010 Linbar Drive, Suite 100
Nashville, TN
37211
Year Ending: December 31, 2014
A.
ANNUAL
PERCENTAGE RATE (APR)
The ANNUAL PERCENTAGE RATE for the interest portion
of
your FINANCE CHARGE may increase or decrease annually based upon changes in the
("Index"). Therefore, the monthly and daily periodic rates relating to the interest portion
of
your FINANCE CHARGE may vary. To detern1ine the ANNUAL
PERCENTAGE RATE that will apply to your Account,
we
add a margin to the value
of
the Index, subject to certain rate limitations as provided in your
Reverse Mortgage Note.
The corresponding annual percentage rate for the interest portion
of
the FINANCE CHARGE does not include costs other than interest. The historical
ANNUAL PERCENTAGE RATE includes interest and all other FINANCE
CHARGES
that relate to your loan.
B. FINANCE CHARGES
Each advance or payment made to you or on your behalf under your Reverse Mortgage will be subject to a FINANCE CHARGE beginning on the day afte
each advance
or
payment is made. A FINANCE CHARGE will continue to be assessed on your Reverse Mortgage until the entire outstanding balance and
all fees due under the Notes, Security Instruments and Loan Agreement are paid.
C.INTEREST
The interest portion of the FINANCE CHARGE on your Account is computed by (i) calculating the FINANCE CHARGE on the balance existing at the
beginning
of
each month, which includes any payments
or
credits applied to your loan during the previous month, (ii) calculating the FINANCE CHARGE on
each advance, payment
or
credit made to you
or
on your behalf during the month, and then (iii) adding all
of
these sums together, as follows:
We start with the outstanding principal balance on your Account at the beginning
of
each month, which includes FINANCE CHARGES from the previous
month (the "Previous Loan Balance"). At the end
of
each month, we multiply the Previous Loan Balance by the then-current ANNUAL PERCENTAGE RATE
divided by 12 (the "Monthly Periodic Rate").
At the end
of
each month
in
which any advances (also known as disbursements and labeled as "Disb" on this statement)
or
payments have been made to
you or on your behalf, we multiply the amount
of
the advance or payment by the number
of
days remaining in the month after that advance or payment was
made (not including the day the advance was made) and then multiply this amount by the then-current ANNUAL PERCENTAGE RATE divided by 365 (the
"Daily Periodic Rate"). This calculation is repeated for each advance
or
payment made to you
or
on your behalf during the month.
The sum
of
the final result
of
these calculations equals the interest portion of your FINANCE CHARGE for the month.
D. MORTGAGE INSURANCE PREMIUMS (MIP)
In
addition, mortgage insurance premiums ("MIP"), which are a FINANCE CHARGE, are computed by as follows:
At the end
of
each month, we multiply the lesser
of
the Previous Loan Balance
or
the maximum balance on which HUD requires MIP to be paid to it by your
MIP rate divided by 12 (the "MIP Monthly Period Rate"). At the end
of
each month
in
which any advances (also known as disbursements and labeled as
"Disb" on this statement) or payments have been made to you or on your behalf, we multiply the amount of the advance
or
payment (other than any advance
or payment that exceeds the maximum advances
or
payments on which HUD requires MIP to be paid) by the number
of
days remaining
in
the
n10nth
afte
that advance or payment was made (not including the
day
the advance was made),and then multiply this amount by your MIP rate divided by 365 (the "MIP
Daily Periodic Rate"). This calculation is repeated for each advance
or
payment made to you
or
on your behalf during the month.
The sum of the final result of these calculations equals the mortgage insurance portion
of
your FINANCE CHARGE for the month.
E. CALCULATION
OF
BALANCES
The "Principal Limit Information" section on the front
of
the monthly statement shows your "Original Principal Limit" and your "Net Principal Limit" which
includes any "Set Asides". The "Loan Balance" section on page 2
of
this monthly statement shows your prior month's Previous Loan Balance and you
current month's Closing Loan Balance, which includes the current month's activity. If you would like to determine your payoff balance
or if
you have any
questions on this monthly statement, please call the telephone number listed on the bottom
of
this monthly statement.
F. OTHER INFORMATION
We compute the interest and other fees assessed on your loan monthly. This information is available on page 2
of
this monthly statement each month. Thls
monthly statement indicates both the current month and year to date interest and other fees.
If
you repay all or a portion of your loan balance and the annua
interest paid due to a repayment exceeds $600, a separate IRS Form 1098 will be mailed to you by January 31 st. Interest accrued on this loan, other than
repayments, will not be reported to the IRS until the loan is paid
in
full.
G. BILLING RIGHTS SUMMARY
In
case
of
errors
or
questions about your loan monthly statement, you will need to contact us as follows:
If you think your monthly statement is wrong or you need more information about a transaction on your monthly statement, write us at Reverse Mortgage
Service Center, Attn: Billing Department, 2727 Spring Creek Drive, Spring,
TX
77373. Write to us as soon as possible.
We
must hear from you no later than
60 days after we send you the FIRST monthly statement on which the error
or
problem appeared. You can telephone us, but doing so will not preserve you
rights.
In
your letter, give us the following information:
1. Your name and loan number
2.
The dollar amount
of
the suspected error
3. Describe the suspected error and explain, if you can, why you believe there is an error.
Loan Skey: 69977
2727
Spring Creek
Drive,
Spring,
TX 77373
Page 3
of
4
Rep.Skey: 92
Phone (866) 503-5559 - Fax (866) 790-3451 -
DY TDO
(888) 827-6697
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
33/71
At
' Reverse
Mortgage Solutions Inc
Statement Date: January 01, 2015
5010 Unbar Drive, Suite 100
Year
EndinQ: December
31 2014
Nashville, TN
37211
We will acknowledge your letter within 30 days. Within 90 days, we will either correct the er ror or explain why we believe the monthly statement was corre
If we determine the monthly statement was not correct, we will credit the disputed amount along with any associated interest charges. While under
investigation, you will continue to see the disputed amount on your monthly statement; however, you do not have to pay any disputed amount or the intere
charges that apply to it
Even though payments are not required on a reverse mortgage, by law, you are still required to meet all obligations as outlined
in
your Notes, Security Instruments and Loan Agreement. This includes paying your property taxes and insurance premiums.
H
CREDIT INFORM TION
Regular monthly installment payments are not required
on
this loan unless you have a repayment plan for a delinquent account. However, you have t
obligation to pay your property taxes and insurance premiums. The loan must be repaid
in
full
in
one payment if your loan has been called Due a
Payable . Payments may be made by check, money order or wired funds, payable
in
U.S. Dollars.
Do
not send cash. Payments must be mailed to
address listed on the bottom
of
this monthly statement. Payments are allocated as described in your Note.
Loan Skey: 69977 2727 SprinQ Creek
Drive
SprinQ,
TX
77373
Page 4
of
4
Rep.Skey: 92
Phone (866) 503-5559 - Fax (866) 790-3451 -
TTY/TDD
(888) 827-6697
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
34/71
C)
feel·
- I .
Ll
. .:.
tTl
l1l
.}::l
()
.".:
.....
7\
.....
.t:..
1 1
.....
~ ; : ~ 1 1 J ~ : ' : ~ IlIi; :,li ~ : . : a ~ : : ~ f I I ~ ; . , : ~ 1 I J ~ : ' : : ~
III
i@tll@IIIBliimill§m@tll@llfl
.
_...
- ..._..._..- .......
....
...- ... ,
: ~ ~ ~ m ~ i ~ ~ I , ~ :
~ ~ W H ~ H i H ~ ~ I I H ~ H I
n 8 ~ I I E ~ ~
i
. - ..._...
__
... - .....- ...
- ...
_...
imi \miHiliiiHTI lllliiiiml \mtIH
= ; ~ = = = = = ~ ; ~
i § t i i @ i i i B i i i § i i i ~ i l l l i i § t i i @ i i t j
= = = ~ = = ~ ~ = =
i B H i i @ i i i ® i i i m i i i § H j B ~ i i i @ i i i j
Illi!IIIIII!lilillllllll!III!1
~ ~ H i i m i H @ i j j m i i i @ i i i ~ H i i m i i H
::::.::::::::: = = = = = ~ : : : ~
m t i i m i H B i i i § i i i ~ i l l l i i § t i i @ i i t
-
...
- ...
__ ... _- .. ..-..
...
-
...
_- ....
· m t l § l i f ~ H i ~ i l f ] i l i m t i j § l i l ~
mf[l@llimlltmIIIEfIII@lilmllij
= = = = = = = = = ~
@ i i i @ i i i B i B m i i i B ~ i i i @ i i i @ i i i j
=: : := : : : := : : := : : : : .= : : := : : := : : : :
~ ~ i i i § i H @ i j H B i i i @ i i i ~ H i i § i i H
~ ; = = = = = = ~ ; =
· § t i i § i i i B i i i § i i i ~ ~ i i i § t i i @ i i i i
= = ; ; = ~ ~ = = = ;
B ~ i B @ i i j ® i i i m i i i § i i i B ~ t i j @ i i j j
m f j l m l l ~ m l l f m l l m { : { i @ : { l m l : l ~ i
= = ~ = = = = = =
m i i i R i i i m i i i f f i i i j i ? : ~ i i i m i i i R i i i ;
~ = : : : = : : : = : : : = ; ; : = : : : = : : : = : : : :
i ~ H i i B i H m i i i m i i i @ i i i ~ ~ i i i B H H
§ ~ § q § § ~ ~
· · : t 1 k . : : ~ i l h : : : ~ l ~ : : : d l ~ : : : ~ l l l ~ : : : d l l ~ : . : : ~
._ .....
..... .._... ..
~
IJ
~
n
;g
CB
IJ
en
8
:>
en
n
IJ
0
~
tr1
tr1
:>
t=
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
35/71
Termination of the Gillespie Family Living Trust Agreement Dated February 10 1997
STATE OF FLORIDA )
) SS.:
COUNTY OF MARION )
AFFIDAVIT
BEFORE ME this day personally appeared NEIL
J.
GILLESPIE, who upon being duly
sworn deposed upon oath as follows:
1.
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 ).
3. 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.
7013-007-001, legal description:
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
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 termination
of
uneconomic trust. (1)
After notice to the qualified beneficiaries, the trustee
of
a trust consisting of trust property
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
36/71
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 SAYETH NOT,
The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
FL-bL
Sl 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 contents are
truthful to the best
of
his knowledge, information and belief.
of
Notary Public
(SEAL)
Notary Public
State
of Florida
Angelica Cruz
y
Commission EE067986
Expires
02127 2015
My Commission Expires:
- - - - . 2 J _ 2 , _ : . r ~ , _ S
_
2
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
37/71
THIS
IS
NOT
A COMMERCIAL
FORCLOSURE
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.
Residential Home Foreclosure Case
Florida Homestead
of
Neil J. Gillespie
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10,1997, ET AL.
Defendants.
AFFIDAVIT OF NEIL J. GILLESPIE - DEFENSES AND CLAIMS IN RECOUPMENT
Section 673.4051(1)(a), Fla. Stat. lack
of
legal capacity
of
the borrower
STATE OF FLORIDA )
) SS.:
COUNTY OF MARION )
AFFIDAVIT
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly
sworn deposed upon oath as follows:
1.
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 have resided at 8092 SW 115th Loop, Ocala, Marion County, Florida ("the property")
continuously and uninterruptedly since February 9, 2005. On November 17, 2009 I applied for
and received the homestead tax exemption as to the property, that 7013-007-001 is the tax
identification parcel number
of
this property, which is exempt from levy and execution under
Section 4, Article X
of
the Florida State Constitution, for the following described 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
Marion County, Florida.
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
38/71
AFFIDAVIT OF NEIL J. GILLESPIE - DEFENSES AND CLAIMS IN RECOUPMENT
Section 673.4051(1)(a), Fla. Stat. lack of legal capacity of the borrower
3. The Plaintiffs Verified Complaint To Foreclose Home Equity Conversion Mortgage
alleges at paragraph
4:
Plaintiff is entitled to enforce the Note and Mortgage, pursuant to F.S.
§
673.3011, as the
owner and holder
of
an instrument.
4.
Section 673.3051, 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;"
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;
5.
I am the eldest son ofPenelope Marie Gillespie who died September 16, 2009.
6.
The death certificate for Ms. G-illespie issued September 23, 2009 for the state
of
Texas
shows dementia was the immediate cause
of
death. No other cause of death is shown.
7.
Ms. Gillespie lacked capacity individually on June 5, 2008 to make any financial
decisions due to Alzheimer's disease and/or dementia.
8.
Ms. Gillespie lacked capacity as Grantor Trustee on June 5 2008 to manage or bind in
contract the Gillespie Family Living Trust Agreement Dated February 10, 1997, due to
Alzheimer's disease and/or dementia.
9. Guardianship in Florida is governed by Chapter 744 Florida Statutes. o guardian was
appointed for Ms. Gillespie.
10.
I was Ms. G'illespie's primary caregiver. I was power of attorney for Ms. Gillespie,
healthcare surrogate, living will proxy, personal representative (alternative) in the Last Will and
Testament ofMs. Gillespie, and personal representative under Fla. Stat. § 198.01(2).
2
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
39/71
AFFIDAVIT O NEIL
J.
GILLESPIE - DEFENSES AND CLAIMS IN RECOUPMENT
Section 673.4051 (1)(a), Fla. Stat. lack of legal capacity of the borrower
11. Ms. Gillespie was a patient ofDr. Gregory J. Howell, M.D., Neurologist, Ocala
Neurodiagnostic Center, Windsor Oaks Medical Park, Bldg 400,
1901
S.E. 18th Avenue, Ocala,
Florida 34471, Noverrlber 1,2005 through the close of his practice December 12,2006.
12. On May
8
2006 Dr. Howell wrote to Dr. Christopher Grainger, Ms. Gillespie's primary
care doctor, that she was being treated for Alzheimer's dementia, and she was not competent to
make any financial decisions:
"I have been treating the patient for Alzheimer's dementia..." and "It is my impression
that the patient has moderate Alzheimer's and
is
not competent to give things away or
make any financial decisions..."
The letter
of
Dr. Howell dated May
8
2006
is
attached.
13.
On September 4, 2008 Dr. Jay
J.
Rubin, M.D wrote to Dr. Granger about Ms. Gillespie's
participation
in
a research study. Dr. Rubin diagnosed Ms. Gillespie with moderate dementia
consistent with Alzheimer's disease, currently treated with Aricept and Namenda. Dr. Rubin noted in
his Neurological Examination that "She
is
disoriented and certainly confused." The letter
is
attached.
14.
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. A HECM reverse mortgage
is
governed by federal law:
12 U.S.C.
§
1715z-20 - Insurance of home equity conversion mortgages for elderly
homeowners; and 24 CFR Part 206 - Home Equity Conversion Mortgage Insurance
15.
A HECM reverse mortgage
is
a non-recourse loan, and the lender has no further means to
collect the debt beyond the terms of the original documents. The accounts in this case include:
Federal Housing Authority (FHA) Case Number: 091-4405741
Bank
of
America, N.A. (BofA) Account No.: 68011002615899
Reverse Mortgage Solutions, Inc. (RMS) Loan Number: 68011002615899
3
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
40/71
AFFIDAVIT O NEIL J. GILLESPIE - DEFENSES AND CLAIMS IN RECOUPMENT
Section 673.4051(1)(a), Fla. Stat. lack of legal capacity of the borrower
16.
On April 22, 2008 I attended a telephonic HECM counseling session with Ms. Gillespie,
and Susan Gray, a HUD approved HECM counselor. The counseling session did not comply
with HECM rules. Ms. Gillespie was not able to answer questions showing she understood a
reverse mortgage. A transcript
of
the counseling session shows Ms. Gillespie did not actively
participate in the call or the counseling. Ms. Gray did not ask Ms. Gillespie to "successfully
answer five
of
the ten review questions" or make other effort to determine if she understood
basic information about reverse mortgages, which was impossible due to Alzheimer's disease,
but required under
12
USC
§
1715z-20(f) Counseling services and information for mortgagors.
Therefore Ms. Gray should not have issued the certificate to Ms. Gillespie, but she did anyway.
17.
Ms. Gillespie had Alzheimer's disease and dementia and lacked capacity at the time of
the HECM counseling session April 22, 2008. Ms. Gillespie lacked capacity at the time of the
HECM loan closing June 5, 2008. Elizabeth "Liz" Baize
of
the Ocala office
of
The Park Avenue
Bank was the HECM loan originator. I told Ms. Baize that Penelope Gillespie had Alzheimer's
disease early
in
the origination process. Ms. Baize's only concern was whether a guardianship
was in place for Ms. Gillespie. There was no guardianship.
18.
Liz Baize did not require anyone to act as power
of
attorney for Ms. Gillespie. Instead,
the bank had me and Mark Gillespie added to the quit-claim deed along with Ms. G-illespie, and
required us all to sign the HECM Notes and HECM Mortgages. When the HECM closed June 5
2008, Penelope Gillespie age 77 was the only person age 62 or older qualified to be a HECM
borrower. I was age 52. Mark Gillespie was age 49.
19.
At all times pertinent to this HECM, Ms. Gillespie was not competent and suffered from
Alzheimer's disease and dementia.
4
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
41/71
AFFIDAVIT OF NEIL J. GILLESPIE - DEFENSES AND CLAIMS IN RECOUPMENT
Section 673.4051(1)(a), Fla. Stat. lack of legal capacity
of
the borrower
20. At all times pertinent to this HECM, the lender and lender parties knew
or
should have
known Ms. Gillespie was not competent and suffered from Alzheimer's disease and dementia.
21. Charles J. Thomas, a New York Supreme Court Judge, voided a reverse mortgage and its
subsequent refinancing on the grounds that the borrower's mental illness made her unable to
understand the reverse mortgage. The Order and a related news story are attached.
Matter of Doar (Brunson) 2009 NY Slip Op 29549 [28 Misc 3d 759] December 18, 2009
Thomas, J. Supreme Court, Queens County Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431. As corrected through Thursday, October 7 2010.
Appellate Division continued to require that a mortgagee have knowledge of the
mortgagor's incapacity before the contract which is otherwise voidable could be voided.
In order to void a contract which is voidable because
of
incapacity, the mortgagor must
establish that the mortgagee had knowledge of the incapacity and were not bona fide
mortgagees for value. (See Weisberg v DeMeo, 254 AD2d 351, 351 [1998].)
Under these circumstances, the court finds that Hermina Brunson was incapable of
understanding the agreements that she signed on April 21, 2003 and that Financial
Freedom is charged with the responsibility to determine, and was in a position to know
of
her incapacity. Therefore, the court finds the mortgages on June 20, 2003 void.
22. Therefore this HECM is void or voidable because the mortgagee had knowledge of the
incapacity and were not bona fide mortgagees for value.
FURTHER AFFIANT SAYETH NOT,
The foregoing instrument was acknowledged before me, this 2nd day
of
February, 2015,
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.
(SEAL)
~ ~ ~ ~ CECIUA
ROSENBERGER
j :
Comnission
#
EE 191610
NOTARY PUBLIC
: Expires
JtIle
6 2016
. t
1InTftJrflln
701t
Print Name of Notary Public
My Commission Expires: _
5
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
42/71
OCALA
NEURODIAGNOSTIC
CENT·ER
Windsor Oaks Medical Park
1901 S.E. 8th Avenue Bldg 400
Ocala, Florida 34471
Tel
(352) 732-7095
Fax (352) 732-0477
Jose Gaudier, M.D.
Wnliam
GaY't
M.D.
Ken
NS,
M.D.
Gregory
Howell
M.D.
Diplomate•• A
Psychla1
lean Board af
Neurology
May
8
1
2006
h r i ~ t o p h r Grainger.
M.D.
4600
SW
46th Court. 8te. 310
Ocala.
FL
34474
RE: Penelope
Gillespie
73008
Dear
Dr.
Grainger:
I last saw Ms. Gillespie in
February. I
have since received notffication from her
son
who
takes ca e of her
and
lives with her
that
she had
contributed 40,000 towards
a
mortgage to purchase a share in
a
rests
rant
and
the
money was gone and the
restaurant
closed. This
involved
one
of
the patient s
children, a daughter.
The patient
also apparently
gave
several
paintings
to the
daughter
and
they
were not famny portraits
or
heirl ms, but they
were worth around 20.000. The
patient herself didn t
know how she
got
the
paintings
and
wasn t certain
as to
whether
the
paintings
were on loan to
the
daughter or whether she is going to return them. The pat ent also was
riding in
a
car with
a friend
who
would drink
and
drjve.
At
this point the son now lives with her and has
Power
of Attorney.. .
I
have
been
treating the patient for
Alzheimer s
dementia, which
Is
moderate. She
is
on
both
AricepJ1
Omg
a
day
and Namenda 10mg b.i.d.
along with
her
other medications, which include Dlovan for
hYPertenslorl. Digoxin
for
her heart. Nitroglycerine, Nu-iron for anemia,
va,rjous
vitamins,
and
Aspirin.
I
It is my Impression that the patient has moderate AlzheJmer·s
nd
Is
not competent
to give things
a
ay
or make
any financial decisions and needs Power of Attorney or
legaJ
guardian to look after
her
bills
and-
t8k care of her
and make sure
that
she doesn t give away items or her money to inappropriate people.
The
patient s
other medications right
now
include Metoprolol, Oynacirc, Coumadin, Lasix. Spiron actone, Nu
iron,
centrum SHver.
812. and some
prn Nitroglycerine.
The patient s blood pressure today was 110 64 in the right arm and 82 50
in
the
left
arm.
'She
as no focal
deficits.
She is to
come
back
and
see
me for follow
up In
six months.
SincerelYt
l L ~
Gregory J. Howell, M.D.
GJH/Jcm
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
43/71
NEUROLOGICAL ASSOCIATES
Jay J RUbin, M,D , P.A • Anette V. Nieves, M.D. • Anna Y. Khanna, M
D.
Specializing in Neurological, Neuromuscular, Movement, Sleep,
nd
Cerebrovascular Disorders
Florida
Professional
Park (352)
732-9643
Del Webb Spruce
Creek
2685 SW Place
(352) 732-2243
fax 14031 Del
Webb
Blvd.
Ocala,
Fl34474
NeuroHealthinc.com
Summerfield,
Fl34491
September 4, 2008
Christopher
Grainger, M.D.
4600 SW 46
th
Court, #310
Ocala. Florida 34474
NEUROLOGICAL CONSULTATION
Re: Penelope M. Gillespie
Chart : 56021
Dear
Christopher:
Thank you for
requesting a
neurological
consu1tation
regarding this 77-year-old
female
with Alzheimer's
disease.
Mrs.
Gillespie
is accompanied by
her
son who is a
very
good
historian.
He
also
provided a
nicely printed
list
regarding her
current
medications.
History
of Present Illness:
Mrs. Gillespie has a history
of
progressive short-term memory
impairment
culminating
with a diagnosis of Alzheimer's disease made by Dr. A. Singh in 2004. She was placed on
Namenda
and
then
evaluated
neurologically
by Dr.
Howell
and
treated
with Aricepl In
2007, Aricept
was stopped
for eighteen days
whereupon
her memory worsened.
Mrs. GiJJespie
stopped
driving in
2004. Her son
cooks and
manages her
medications.
She generally
eats
and sleeps well, sleeping
about
eight to ten hours a
day on the average, and
she
infrequently awakens
during
the night. She wears Depends for incontinence and
for
occasional diarrhea.
She
has
some episodes of increased confusion but
no
hallucinations.
Generally,
her disposition is
very
good and she
is
quite cooperative.
More
recently. she
has been under
the care
of
Dr.
Gaya,
but
her
son
expressed
an
interest
in the Alzheimer's
Investigational Study. Her son indicates that Mrs. Gillespie
has
had more confusion this
year.
For example, she
often
does
not seem
to
realize that
her
son Jives
with
her.
Your
evaluation inclUded
a
head CT
scan in
12/07
at
Advanced
Imaging Center that
showed
an
old
appearing
right
frontoparietal
cortical
stroke
and
atrophy.
She had a
normal
TSH and
8 2
level
in
06/08.
Her
creatinine has
gradually been elevated and was 1.98
in
July
Past Medical/Surgical History:
Is noteworthy for atrial
fibrillation
1
mitral valve regurgitation, Alzheimer's disease,
TIA. hypertension
1
and irritable bowel syndrome. She is
sIp
bilateral total knee arthroplasty (in 1998 and 2000).
Current
Medications: Namenda 10 mg bid began in 2004 , Aricept 10 mg q a.m. began in 2005). Furosemide
20 mg qd, Spironolactone 25
mg qd,
Coumadin. Ni1roglycerin 0.4
mg
pm,
multivitamins,
vitamins
86
& 812,
Imodium AD pm, and Tylenol
pm.
She
is
not to take Advil
1
Aleve. Motrin or
Ibuprofen.
Allergies:
Rythmol, Methotrexate,
or
fresh, frozen
or canned corn.
Social History:
Mrs. Gillespie is widowed and has three children. She is a high school graduate. She smoked
minimally in the past. No history of any alcohol consumption. She is retired
from
retail
work. She
enjoys watching
television and reading newspaper and
m g ~ i n e s
(Page
1
of 2)
C
1
8/20/2019 Motion For Clerk To Reassign Case to Another Judge
44/71
'.
Penelope
M.
Gillespie
09/04/08 - Neurological Consultation
(Page 2 of 2)
Family
History
Her
mother
died at
83