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Filing # 48237984 E-Filed 10/28/2016 02:21:30 PM

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.,


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

CASE NO.: 2013-CA-000115


42-2013-CA-000115-AXXX-XX
Residential HECM Foreclosure Case
Florida Homestead of Neil J. Gillespie
Section 4, Article X, Florida Constitution
F.S. 702.015 Note/copy missing
Rule 1.115 Pleading Mortgage Foreclosures
Rule 1.100(c)(2) Civil cover sheet wrong.
F.S. 837.06 False Official Statements
F.S. 92.525 Verification of documents

DEFENDANTS NOTICE OF FILING LETTER TO BANK OF AMERICA


Gary G. Lynch, Vice Chairman, Bank of America, September 15, 2016

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 gives Defendants
Notice Of Filing Letter to Bank of America, Gary G. Lynch, Vice Chairman, Bank of America,
September 15, 2016, and states:
1.

My letter to Gary G. Lynch, Vice Chairman, Bank of America with attachments, 46 pages

all, is attached to this notice. The text of the letter appears below, beginning on the next page.

DEFENDANTS NOTICE OF FILING LETTER TO BANK OF AMERICA


Gary G. Lynch, Vice Chairman, Bank of America, September 15, 2016

September 15, 2016


Gary G. Lynch, Vice Chairman
Bank of America Corporate Center
100 North Tryon Street
Charlotte, NC 28255
VIA UPS No. 1Z64589FNW92116132

CORRECTED
Gary G. Lynch, Vice Chairman
Bank of America Corporation
One Bryant Park
115 West 42nd Street
New York, New York 10036
VIA UPS No. 1Z64589FNW91448946

Dear Mr. Lynch:


This letter concerns a number of legal matters with Bank of America, and its regulatory capture
of the public and private sectors, that prevent me from getting a fair resolution in the American
legal system. This letter is a notice. I plan to provide additional information as soon as possible.
This is a request to communicate by email as a reasonable disability accommodation.
The enclosed List of Financial Interests shows Bank of America for Senior United States District
Judge William Terrell Hodges, as emailed to Bank of America Investor Relations. Judge Hodges
refused to recuse in Reverse Mortgage Solutions, Inc., v. Neil J. Gillespie, et al, U.S. District
Court, Middle District of Florida, Case No: 5:13-cv-00058-oc-WTH-PRL, for a HECM reverse
mortgage, BofA Account No.: 68011002615899, FHA Case Number: 091-4405741.
Judge Hodges is the epitome of regulatory capture, and criminality on the federal bench. His IFP
rulings in my case were overturned by default by the U.S. Supreme Court, Petition No. 13-7280.
Regulatory capture is an important campaign issue. My Statement Of Candidacy (for president)
appears on the Federal Elections Commission website. It was accepted by the FEC on September
11, 2016, FEC-1098470, Candidate ID P60022993. A paper copy is enclosed.
Legal matters involving Neil J. Gillespie and Bank of America
1.
Ongoing litigation with Bank of America over a Home Equity Conversion Mortgage
(HECM), a reverse mortgage, see Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et. al,
Case No. 2013-CA-115, Marion County, Florida, Fifth Judicial Circuit. More cases below.
Florida Supreme Court Case No.: SC15-1145; Florida Fifth DCA Case No. 5D15-340.
Bank of America, N.A.
Account No.: 68011002615899

Federal Housing Authority (FHA)


FHA Case Number: 091-4405741

HUD Complaint, HUD Reverse Mortgage Handbook 7610.01, Section 4-19


Consumer Financial Protection Bureau, CFPB Complaint No. 120914-000082
Consumer Financial Protection Bureau, CFPB Complaint No. 140304-000750
Federal Reserve BOG OIG Hotline Complaint against CFPB attorney Gregory Evans
U.S. District Court, Middle District of Florida, Case No: 5:13-cv-00058-oc-WTH-PRL
U.S. Eleventh Circuit, Appeal No. 13-11585-B, granted leave under 28 U.S.C. 1651
U.S. Supreme Court, Petition No. 13-7280, writ of certiorari (denied/prevailed on IFP)

DEFENDANTS NOTICE OF FILING LETTER TO BANK OF AMERICA


Gary G. Lynch, Vice Chairman, Bank of America, September 15, 2016

2.
Misconduct by Bank of America shareholder Judge William Terrell Hodges, refused to
recuse himself as trial judge in U.S. District Court, M.D. FL, No: 5:13-cv-00058-oc-WTH-PRL.
Misconduct by Plaintiffs Counsel McCalla Raymer n.k.a. McCalla Raymer Pierce, LLC a
Foreign Limited Liability Company (Roswell, Georgia)
Danielle Nicole Parsons, FL Bar ID 29364, and her paralegal Yolanda Martinez
The Florida Bar File No. 2014-30,525 (9A), Neil Gillespie v. Danielle Nicole Parsons
The Florida Bar UPL Investigation 20143031(9A) of paralegal Yolanda Martinez
Note: Danielle Nicole Parsons, FL Bar ID 29364 is no longer employed by Plaintiffs
Counsel McCalla Raymer n.k.a. McCalla Raymer Pierce, LLC.
Curtis Allen Wilson, FL Bar ID 77669 (at least 2 more bar complaints pending)
The Florida Bar, Request For Assistance (RFA) No. 15-13443, Gillespie v. Wilson
Misconduct by Marion County Circuit Judge Hale Ralph Stancil, JQC Docket No. 15-075
Misconduct by David R. Ellspermann, Marion County Clerk of Court & Comptroller
Misconduct by the Marion County Sheriffs Office, inter alia, Detective Erik Dice.
Misconduct by Brad King, State Attorney, Fifth Circuit, and ASA Mark Simpson.
Misconduct by Pam Bondi, Florida Attorney General in Petition No. 13-7280.
Misconduct by U.S. Senator Marco Rubio re Congressional Inquiry.
Misconduct by CFPB attorney Gregory Evans, according to FOIA documents received. Evans
told CFPB investigators that they could not speak with me due to privacy rules. BofA consumer
advocate Chris Pickle aided Evans. Later I learned deceased persons do not have privacy. I made
a complaint about Evans to the Fed-BOG OIG Hotline which has oversight of CFPB employees.
Privacy laws do not protect the privacy of dead people. Dead people do not have privacy rights.
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). [E]even
where a private confidentiality agreement is otherwise proper, it will not be enforced where its
effect becomes obstructive of the rights of non-parties. See, e.g., Nestor v. Posner-Gerstenhaber,
857 So. 2d 953, 955 (Fla. 3rd DCA 2003); Scott v. Nelson, 697 So. 2d 1300, 1301 (Fla. 1st DCA
1997). Quoted by U.S. Judge John E. Steele in Tardif, Trustee (Jason Yerk) v. PETA, USDC, SD
Fla. Fort Myers Div. Case No. 2:09-cv-537-FtM-29SPC, at the Pacer link,
Case 2:09-cv-00537-JES-SPC Document 179 Filed 11/04/11 Page 14 of 31 PageID 6050
Misconduct by Bank of America consumer advocates of Brian T. Moynihan, CEO and President.
All of the following invoked privacy for the decedent, Penelope M. Gillespie, to block my access
in the HECM reverse mortgage, that includes a Promissory Note bearing my signature. See BofA
Account No.: 68011002615899, FHA Case Number: 091-4405741, RMS No. 68011002615899.
Chris Pickle, Customer Advocate Office of the CEO and President
Jason Powell, Customer Advocate, Office of the CEO and President
Anthony Boney, Customer Advocate, Office of the CEO and President

DEFENDANTS NOTICE OF FILING LETTER TO BANK OF AMERICA


Gary G. Lynch, Vice Chairman, Bank of America, September 15, 2016

Misconduct by Publix Supermarkets, by and though John Allen Attaway, Jr., Senior Vice
President, General Counsel, and Secretary; and a powerful Florida Bar operative. Attaway
disrupted my access to prescription medication from Publix Pharmacy in retaliation over my
request for my mothers pharmacy records showing her use of Alzheimers drugs, to introduce as
evidence in the reverse mortgage foreclosure. Attaway had Publix Pharmacy drastically increase
the price it charged me for my medications. (except drugs that Publix provides free). Fortunately
I found another pharmacy with even lower prices that I was paying for years at Publix.
3.
Exploitation of an elderly person, Penelope M. Gillespie, my mother, by Bank of
America, N.A., et. al. Enclosed you will find my letter to (former) Sheriff Ed Dean, Marion
County Sheriff, February 15, 2006.The foregoing loans were in response to exploitation by Bank
of America, in one way or another, either covering the exploited funds, or for litigation expenses.
4.
Merits of the Reverse-Mortgage Foreclose Case (enclosed), as stated in my successful
Motion to Disqualify Judge Steven Rogers (Recused)

The Plaintiffs Affidavit of Indebtedness shows one borrower: Penelope Gillespie.


The Plaintiff did not sue the only borrower, Penelope Gillespie.
The Plaintiff did not sue the Estate of Penelope Gillespie.
The Plaintiffs Complaint, 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.
I filed Defenses and Claims in Recoupment - Section 673.3051(1)(a)2, Fla. Stat. lack of legal
capacity of the borrower, that extinguished all equities of redemption. (more defenses exist)
Available: Defenses and Claims in Recoupment - Section 673.3051(1)(a)3, Fla. Stat. Fraud
that induced the obligor to sign the instrument with neither knowledge nor reasonable
opportunity to learn of its character or its essential terms.
The Plaintiff does not have standing to sue anyone. The Plaintiff has not complied with F.S.
702.015(4), Elements of complaint; lost, destroyed, or stolen note affidavit.
The copy of the note that Mr. Harrell says is attached to the Complaint is defective and does
not have anything attached, no alonge, and nothing showing a chain of custody. That copy
was taken from my HUD complaint as an example of wrongdoing, not compliance with law.
A Home Equity Conversion Mortgage, or HECM, is a Federal Housing Administration
(FHA) reverse mortgage program administered by the Secretary, U.S. Department of
Housing and Urban Development, 12 U.S.C. 1715z20 et seq. and 24 C.F.R. Part 206.
Florida is a judicial foreclosure state. The citations to Floridas foreclosure statutes are:
Florida Statutes Sections 702.01 through 702.11, and
Florida Statutes Sections 45.031 through 45.0315.
Chapter 702, Foreclosure of Mortgages and Statutory Liens, is a forward foreclosure statute.
Florida does not have a judicial reverse mortgage foreclose statute. Therefore no jurisdiction.
The response January 26, 2016 of Leslie Jacobs for Attorney General Pam Bondi does not
show jurisdiction of the Florida Courts over a disputed HECM. (Exhibit 6).
RMS letter of September 26, 2013: Date of First Legal Filing: 01/02/2013. HECM
foreclosure must commence within 6 months. 24 C.F.R. 206.125(d)(1). The Plaintiffs First
Legal Filing is past the 6 month commencement 24 C.F.R. 206.125(d)(1). (Exhibit 7)

DEFENDANTS NOTICE OF FILING LETTER TO BANK OF AMERICA


Gary G. Lynch, Vice Chairman, Bank of America, September 15, 2016

5.

State courts do not have jurisdiction over disputed or contested HECM

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


reverse mortgage program administered by the Secretary, United States Department of
Housing and Urban Development (Secretary or HUD) to enable home owners over 62 years old
access the subject home's equity. 12 U.S.C. 1715z20 et seq. and 24 C.F.R. Part 206.
A HECM does not require a homeowner to make mortgage payments as a conventional
mortgage does. Instead, a HECM does not become due and payable until the last surviving
homeowner dies or no longer lives in the home. 12 U.S.C. 1715-z20(j) Safeguard to prevent
displacement of homeowner. The HECM becomes due and payable in full if a mortgagor dies
and the property is not the principal residence of at least one surviving mortgagor....and no other
mortgagor retains title to the property. 24 C.F.R. 206.27(c).
On information and belief, when a substantial disputed issue of federal HECM law is a
necessary element of the foreclosing Plaintiffs state law claim that a HECM is due and payable,
the U.S. district court has subject matter jurisdiction under 28 U.S.C. 1331 and the U.S.
Constitution, Article III, Section 2 for all cases, in law and equity, arising under this
Constitution, [and] the laws of the United States, and the Due Process Clause of the Fifth
Amendment and Fourteenth Amendment of the Constitution of the United States:
The Constitution states only one command twice. The Fifth Amendment says to the
federal government that no one shall be "deprived of life, liberty or property without due
process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven
words, called the Due Process Clause, to describe a legal obligation of all states. These
words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures. (Cornell Law LII)
http://www.law.cornell.edu/wex/due_process
A property right can be created only by state law. Once a property right is established, the
determination of what process is due before that right can be deprived is a question answered by
the federal Constitution. Kingsford v. Salt Lake City Sch. Dist., 247 F.3d 1123 (10th Cir. 2001).
U.S. Judge Thomas W. Thrash, Jr. in Thompson-El v. Bank of America, 1:12-CV-840TWT, District Court, N.D. GA held in an Order entered December 12, 2012:
Federal question cases are those arising under the Constitution, laws, or treaties of the
United States. 28 U.S.C. 1331 A case arises under federal law if federal law creates
the cause of action, or if a substantial disputed issue of federal law is a necessary element
of a state law claim. Pacheco de Perez v. AT&T Co., 139 F.3d 1368, 1373 (11th Cir.
1998) (citing Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for S.
Cal., 463 U.S. 1, 13 (1983)).
6.
About a year ago Reverse Mortgage Solutions, Inc. (RMS), began sending monthly
statements to me addressed to Estate of PENELOPE M. GILLESPIE see enclosed. Previously

DEFENDANTS NOTICE OF FILING LETTER TO BANK OF AMERICA


Gary G. Lynch, Vice Chairman, Bank of America, September 15, 2016

RMS sent the monthly statements addressed to Penelope M. Gillespie. RMS has refused to
discuss the case with me due to privacy rules.
There is a lot more to my defenses, but time has run out today. Once you provide an email
address for correspondence, I will provide additional information. Thank you.
Sincerely,

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

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

Enclosures

This is a request to communicate by email as a reasonable disability accommodation.


The Social Security Administration determined me disabled since 1992. I am a qualified person
with a disability. I request disability accommodation under the Americans with Disabilities Act
(ADA), as amended, 42 U.S.C. 12181 et. seq, including the ADA Amendments Act of 2008, as
amended, and the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et. seq, including
Section 504 of the Rehabilitation Act, as amended, and Section 508 of the Rehabilitation Act, as
amended. This disability accommodation request also seeks a prohibition against disability
discrimination. Thank you.
Cc: Reverse Mortgage Solutions, Inc.
Name and Address of Current Registered Agent:
CT CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324 US
McCalla Raymer Pierce, LLC
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
Cc: Reverse Mortgage Solutions, Inc.
McCalla Raymer Pierce, LLC
Jane E. Bond, Owner/Member
Email: Jane.Bond@mrpllc.com
225 E. Robinson St. Suite 155
Orlando, FL 32801

DEFENDANTS NOTICE OF FILING LETTER TO BANK OF AMERICA


Gary G. Lynch, Vice Chairman, Bank of America, September 15, 2016

RESPECTFULLY SUBMITTED October 28, 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 28, 2016


I hereby certify the names below were served by email October 28, 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

Lee Bentley, USAFLM


400 N. Tampa Street
Tampa, FL 33602
Email: Lee.Bentley@usdoj.gov

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

Mr. Curtis Wilson, Esq.


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

oeZ=::)..
..

"

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

~:.

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

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

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

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

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

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

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

Book6161/Page1844

CFN#2015009748

co

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


FILE #: 2015009748 OR BK 6161 PGS 1844-1845
REC FEES: $18.50 INDEX FEES: $0.00
DDS: $0 MDS: $0 INT: $0

Page 1 of 2

having a total value less than $50,000 may terminate the trust if the trustee concludes that the
value of the trust. property is insufficient to justify the cost of administration.
FURTHER AFFIANT SA YETH NOT,

The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
1=l--'bL

ti~u II~O SlD o;tl 0


by Neil J. Gillespie, who is personally known to me, or who has produced
.
as
. identification and states that he is. the person who made this affidavit and that its co~tents are
truthful to the best of his knowledge, information and belief.

(SEAL)

Notary Public State of Florida

Angelica Cruz

NOTAR

My Commission EE067986
Expires 02127/2015

UBLIC

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

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

Book6161/Page1845

CFN#2015009748

Page 2 of 2

September 15, 2016


Gary G. Lynch, Vice Chairman
Bank of America Corporate Center
100 North Tryon Street
Charlotte, NC 28255
VIA UPS No. 1Z64589FNW92116132

CORRECTED
Gary G. Lynch, Vice Chairman
Bank of America Corporation
One Bryant Park
115 West 42nd Street
New York, New York 10036
VIA UPS No. 1Z64589FNW91448946

Dear Mr. Lynch:


This letter concerns a number of legal matters with Bank of America, and its regulatory capture
of the public and private sectors, that prevent me from getting a fair resolution in the American
legal system. This letter is a notice. I plan to provide additional information as soon as possible.
This is a request to communicate by email as a reasonable disability accommodation.
The enclosed List of Financial Interests shows Bank of America for Senior United States District
Judge William Terrell Hodges, as emailed to Bank of America Investor Relations. Judge Hodges
refused to recuse in Reverse Mortgage Solutions, Inc., v. Neil J. Gillespie, et al, U.S. District
Court, Middle District of Florida, Case No: 5:13-cv-00058-oc-WTH-PRL, for a HECM reverse
mortgage, BofA Account No.: 68011002615899, FHA Case Number: 091-4405741.
Judge Hodges is the epitome of regulatory capture, and criminality on the federal bench. His IFP
rulings in my case were overturned by default by the U.S. Supreme Court, Petition No. 13-7280.
Regulatory capture is an important campaign issue. My Statement Of Candidacy (for president)
appears on the Federal Elections Commission website. It was accepted by the FEC on September
11, 2016, FEC-1098470, Candidate ID P60022993. A paper copy is enclosed.
Legal matters involving Neil J. Gillespie and Bank of America
1.
Ongoing litigation with Bank of America over a Home Equity Conversion Mortgage
(HECM), a reverse mortgage, see Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et. al,
Case No. 2013-CA-115, Marion County, Florida, Fifth Judicial Circuit. More cases below.
Florida Supreme Court Case No.: SC15-1145; Florida Fifth DCA Case No. 5D15-340.
Bank of America, N.A.
Account No.: 68011002615899

Federal Housing Authority (FHA)


FHA Case Number: 091-4405741

HUD Complaint, HUD Reverse Mortgage Handbook 7610.01, Section 4-19


Consumer Financial Protection Bureau, CFPB Complaint No. 120914-000082
Consumer Financial Protection Bureau, CFPB Complaint No. 140304-000750
Federal Reserve BOG OIG Hotline Complaint against CFPB attorney Gregory Evans
U.S. District Court, Middle District of Florida, Case No: 5:13-cv-00058-oc-WTH-PRL
U.S. Eleventh Circuit, Appeal No. 13-11585-B, granted leave under 28 U.S.C. 1651
U.S. Supreme Court, Petition No. 13-7280, writ of certiorari (denied/prevailed on IFP)

Gary G. Lynch, Vice Chairman, Bank of America


Re: BofA Account No.: 68011002615899

September 15, 2016


Page - 2

2.
Misconduct by Bank of America shareholder Judge William Terrell Hodges, refused to
recuse himself as trial judge in U.S. District Court, M.D. FL, No: 5:13-cv-00058-oc-WTH-PRL.
Misconduct by Plaintiffs Counsel McCalla Raymer n.k.a. McCalla Raymer Pierce, LLC a
Foreign Limited Liability Company (Roswell, Georgia)
Danielle Nicole Parsons, FL Bar ID 29364, and her paralegal Yolanda Martinez
The Florida Bar File No. 2014-30,525 (9A), Neil Gillespie v. Danielle Nicole Parsons
The Florida Bar UPL Investigation 20143031(9A) of paralegal Yolanda Martinez
Note: Danielle Nicole Parsons, FL Bar ID 29364 is no longer employed by Plaintiffs
Counsel McCalla Raymer n.k.a. McCalla Raymer Pierce, LLC.
Curtis Allen Wilson, FL Bar ID 77669 (at least 2 more bar complaints pending)
The Florida Bar, Request For Assistance (RFA) No. 15-13443, Gillespie v. Wilson
Misconduct by Marion County Circuit Judge Hale Ralph Stancil, JQC Docket No. 15-075
Misconduct by David R. Ellspermann, Marion County Clerk of Court & Comptroller
Misconduct by the Marion County Sheriffs Office, inter alia, Detective Erik Dice.
Misconduct by Brad King, State Attorney, Fifth Circuit, and ASA Mark Simpson.
Misconduct by Pam Bondi, Florida Attorney General in Petition No. 13-7280.
Misconduct by U.S. Senator Marco Rubio re Congressional Inquiry.
Misconduct by CFPB attorney Gregory Evans, according to FOIA documents received. Evans
told CFPB investigators that they could not speak with me due to privacy rules. BofA consumer
advocate Chris Pickle aided Evans. Later I learned deceased persons do not have privacy. I made
a complaint about Evans to the Fed-BOG OIG Hotline which has oversight of CFPB employees.
Privacy laws do not protect the privacy of dead people. Dead people do not have privacy rights.
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). [E]even
where a private confidentiality agreement is otherwise proper, it will not be enforced where its
effect becomes obstructive of the rights of non-parties. See, e.g., Nestor v. Posner-Gerstenhaber,
857 So. 2d 953, 955 (Fla. 3rd DCA 2003); Scott v. Nelson, 697 So. 2d 1300, 1301 (Fla. 1st DCA
1997). Quoted by U.S. Judge John E. Steele in Tardif, Trustee (Jason Yerk) v. PETA, USDC, SD
Fla. Fort Myers Div. Case No. 2:09-cv-537-FtM-29SPC, at the Pacer link,
Case 2:09-cv-00537-JES-SPC Document 179 Filed 11/04/11 Page 14 of 31 PageID 6050
Misconduct by Bank of America consumer advocates of Brian T. Moynihan, CEO and President.
All of the following invoked privacy for the decedent, Penelope M. Gillespie, to block my access
in the HECM reverse mortgage, that includes a Promissory Note bearing my signature. See BofA
Account No.: 68011002615899, FHA Case Number: 091-4405741, RMS No. 68011002615899.
Chris Pickle, Customer Advocate Office of the CEO and President
Jason Powell, Customer Advocate, Office of the CEO and President
Anthony Boney, Customer Advocate, Office of the CEO and President

Gary G. Lynch, Vice Chairman, Bank of America


Re: BofA Account No.: 68011002615899

September 15, 2016


Page - 3

Misconduct by Publix Supermarkets, by and though John Allen Attaway, Jr., Senior Vice
President, General Counsel, and Secretary; and a powerful Florida Bar operative. Attaway
disrupted my access to prescription medication from Publix Pharmacy in retaliation over my
request for my mothers pharmacy records showing her use of Alzheimers drugs, to introduce as
evidence in the reverse mortgage foreclosure. Attaway had Publix Pharmacy drastically increase
the price it charged me for my medications. (except drugs that Publix provides free). Fortunately
I found another pharmacy with even lower prices that I was paying for years at Publix.
3.
Exploitation of an elderly person, Penelope M. Gillespie, my mother, by Bank of
America, N.A., et. al. Enclosed you will find my letter to (former) Sheriff Ed Dean, Marion
County Sheriff, February 15, 2006.The foregoing loans were in response to exploitation by Bank
of America, in one way or another, either covering the exploited funds, or for litigation expenses.
4.
Merits of the Reverse-Mortgage Foreclose Case (enclosed), as stated in my successful
Motion to Disqualify Judge Steven Rogers (Recused)

The Plaintiffs Affidavit of Indebtedness shows one borrower: Penelope Gillespie.


The Plaintiff did not sue the only borrower, Penelope Gillespie.
The Plaintiff did not sue the Estate of Penelope Gillespie.
The Plaintiffs Complaint, 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.
I filed Defenses and Claims in Recoupment - Section 673.3051(1)(a)2, Fla. Stat. lack of legal
capacity of the borrower, that extinguished all equities of redemption. (more defenses exist)
Available: Defenses and Claims in Recoupment - Section 673.3051(1)(a)3, Fla. Stat. Fraud
that induced the obligor to sign the instrument with neither knowledge nor reasonable
opportunity to learn of its character or its essential terms.
The Plaintiff does not have standing to sue anyone. The Plaintiff has not complied with F.S.
702.015(4), Elements of complaint; lost, destroyed, or stolen note affidavit.
The copy of the note that Mr. Harrell says is attached to the Complaint is defective and does
not have anything attached, no alonge, and nothing showing a chain of custody. That copy
was taken from my HUD complaint as an example of wrongdoing, not compliance with law.
A Home Equity Conversion Mortgage, or HECM, is a Federal Housing Administration
(FHA) reverse mortgage program administered by the Secretary, U.S. Department of
Housing and Urban Development, 12 U.S.C. 1715z20 et seq. and 24 C.F.R. Part 206.
Florida is a judicial foreclosure state. The citations to Floridas foreclosure statutes are:
Florida Statutes Sections 702.01 through 702.11, and
Florida Statutes Sections 45.031 through 45.0315.
Chapter 702, Foreclosure of Mortgages and Statutory Liens, is a forward foreclosure statute.
Florida does not have a judicial reverse mortgage foreclose statute. Therefore no jurisdiction.
The response January 26, 2016 of Leslie Jacobs for Attorney General Pam Bondi does not
show jurisdiction of the Florida Courts over a disputed HECM. (Exhibit 6).
RMS letter of September 26, 2013: Date of First Legal Filing: 01/02/2013. HECM
foreclosure must commence within 6 months. 24 C.F.R. 206.125(d)(1). The Plaintiffs First
Legal Filing is past the 6 month commencement 24 C.F.R. 206.125(d)(1). (Exhibit 7)

Gary G. Lynch, Vice Chairman, Bank of America


Re: BofA Account No.: 68011002615899
5.

September 15, 2016


Page - 4

State courts do not have jurisdiction over disputed or contested HECM

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


reverse mortgage program administered by the Secretary, United States Department of
Housing and Urban Development (Secretary or HUD) to enable home owners over 62 years old
access the subject home's equity. 12 U.S.C. 1715z20 et seq. and 24 C.F.R. Part 206.
A HECM does not require a homeowner to make mortgage payments as a conventional
mortgage does. Instead, a HECM does not become due and payable until the last surviving
homeowner dies or no longer lives in the home. 12 U.S.C. 1715-z20(j) Safeguard to prevent
displacement of homeowner. The HECM becomes due and payable in full if a mortgagor dies
and the property is not the principal residence of at least one surviving mortgagor....and no other
mortgagor retains title to the property. 24 C.F.R. 206.27(c).
On information and belief, when a substantial disputed issue of federal HECM law is a
necessary element of the foreclosing Plaintiffs state law claim that a HECM is due and payable,
the U.S. district court has subject matter jurisdiction under 28 U.S.C. 1331 and the U.S.
Constitution, Article III, Section 2 for all cases, in law and equity, arising under this
Constitution, [and] the laws of the United States, and the Due Process Clause of the Fifth
Amendment and Fourteenth Amendment of the Constitution of the United States:
The Constitution states only one command twice. The Fifth Amendment says to the
federal government that no one shall be "deprived of life, liberty or property without due
process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven
words, called the Due Process Clause, to describe a legal obligation of all states. These
words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures. (Cornell Law LII)
http://www.law.cornell.edu/wex/due_process
A property right can be created only by state law. Once a property right is established, the
determination of what process is due before that right can be deprived is a question answered by
the federal Constitution. Kingsford v. Salt Lake City Sch. Dist., 247 F.3d 1123 (10th Cir. 2001).
U.S. Judge Thomas W. Thrash, Jr. in Thompson-El v. Bank of America, 1:12-CV-840TWT, District Court, N.D. GA held in an Order entered December 12, 2012:
Federal question cases are those arising under the Constitution, laws, or treaties of the
United States. 28 U.S.C. 1331 A case arises under federal law if federal law creates
the cause of action, or if a substantial disputed issue of federal law is a necessary element
of a state law claim. Pacheco de Perez v. AT&T Co., 139 F.3d 1368, 1373 (11th Cir.
1998) (citing Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for S.
Cal., 463 U.S. 1, 13 (1983)).
6.
About a year ago Reverse Mortgage Solutions, Inc. (RMS), began sending monthly
statements to me addressed to Estate of PENELOPE M. GILLESPIE see enclosed. Previously

Gary G. Lynch, Vice Chairman, Bank of America


Re: BofA Account No.: 68011002615899

September 15, 2016


Page - 5

RMS sent the monthly statements addressed to Penelope M. Gillespie. RMS has refused to
discuss the case with me due to privacy rules.
There is a lot more to my defenses, but time has run out today. Once you provide an email
address for correspondence, I will provide additional information. Thank you.
Sincerely,

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

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

Enclosures

This is a request to communicate by email as a reasonable disability accommodation.


The Social Security Administration determined me disabled since 1992. I am a qualified person
with a disability. I request disability accommodation under the Americans with Disabilities Act
(ADA), as amended, 42 U.S.C. 12181 et. seq, including the ADA Amendments Act of 2008, as
amended, and the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et. seq, including
Section 504 of the Rehabilitation Act, as amended, and Section 508 of the Rehabilitation Act, as
amended. This disability accommodation request also seeks a prohibition against disability
discrimination. Thank you.
Cc: Reverse Mortgage Solutions, Inc.
Name and Address of Current Registered Agent:
CT CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324 US
McCalla Raymer Pierce, LLC
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
Cc: Reverse Mortgage Solutions, Inc.
McCalla Raymer Pierce, LLC
Jane E. Bond, Owner/Member
Email: Jane.Bond@mrpllc.com
225 E. Robinson St. Suite 155
Orlando, FL 32801

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Senior United States District Judge William Terrell Hodges


List of Financial Interests

Bank of America

Page 1 of 1

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

"Neil Gillespie" <neilgillespie@mfi.net>


<i_r@bankofamerica.com>
"Neil Gillespie" <neilgillespie@mfi.net>
Tuesday, April 22, 2014 6:44 PM
HodgesInterestList.pdf
conflict of interest inquiry

Bank of America Corporation


Investor Relations
Dear Bank of America,
This is a conflict of interest inquiry to confirm the shareholder status of U.S. Judge Wm. Terrell Hodges
and his List of Financial Interests showing Bank of America. A PDF of Judge Hodges List of Financial
Interests is attached, and may also be found at the link below.
Financial Interests for U.S. Judge Hodges - Bank of America
https://www.flmd.uscourts.gov/judicialInfo/Ocala/HodgesInterestList.pdf
The Honorable Wm. Terrell Hodges
Senior United States District Judge, Ocala Division
United States District Court, Middle District of Florida
Golden-Collum Memorial Federal Building & U.S. Courthouse
207 N.W. Second Street
Ocala, Florida 34475
Telephone: 352-369-4860
Judicial information for U.S. Judge Hodges
https://www.flmd.uscourts.gov/judicialInfo/Ocala/JgHodges.htm
Judge Hodges resides in Gainesville, Florida.
Thank you in advance for the courtesy of a response.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net

9/15/2016

Page 1 of 1

Neil Gillespie
From:
To:
Sent:
Attach:
Subject:

"Neil Gillespie" <neilgillespie@mfi.net>


"Neil Gillespie" <neilgillespie@mfi.net>
Tuesday, April 22, 2014 6:45 PM
ATT00045.txt
Read: conflict of interest inquiry

This is a receipt for the mail you sent to


<i_r@bankofamerica.com> at 4/22/2014 6:44 PM
This receipt verifies that the message has been displayed on the recipient's computer at 4/22/2014 6:45
PM

9/15/2016

https://webforms.fec.gov/webforms/form2/final.htm

HOME / ELECTRONIC FILING / ONLINE FILING / ONLINE WEBFORMS / FORM 2 / COMMITTEE

ACCEPTED FEC-1098470
The Candidate ID : P60022993

Thank you. Your filing has been successfully submitted to the


FEC.

Click here to view your filing details


Click here to return to Webforms
Commission regulations require Principal Campaign
Committees to register with the FEC by filing a
Statement of Organization (FEC Form 1) no later
than 10 days after designation by the candidate (11
CFR 102.1(a)).
Click here to complete your Form 1

09/11/2016 01 : 52
Image# 201609119030767061

PAGE 1 / 2

FEC FORM 2
STATEMENT OF CANDIDACY
1. (a) Name of Candidate (in full)
Neil J. Gillespie
(b) Address (number and street)

Check if address changed

2. Candidates FEC Identification Number

8092 SW 115th Loop

(c) City, State, and ZIP Code


Ocala

FL

4. Par ty Affiliation

5. Office Sought

P60022993
3. Is This
Statement

34481

New
(N)

OR

Amended
(A)

6. State & District of Candidate

Presidential

UN

DESIGNATION OF PRINCIPAL CAMPAIGN COMMITTEE


7. I hereby designate the following named political committee as my Principal Campaign Committee for the

2016
election(s).
(year of election)

NOTE: This designation should be filed with the appropriate office listed in the instructions.
(a) Name of Committee (in full)

No registered Principal Campaign Committee yet; my home address:


(b) Address (number and street)
8092 SW 115th Loop
(c) City, State, and ZIP Code

FL

Ocala

34481

DESIGNATION OF OTHER AUTHORIZED COMMITTEES


(Including Joint Fundraising Representatives)
8. I hereby authorize the following named committee, which is NOT my principal campaign committee, to receive and expend funds on behalf of my
candidacy.
NOTE: This designation should be filed with the principal campaign committee.
(a) Name of Committee (in full)

(b) Address (number and street)

(c) City, State, and ZIP Code

I certify that I have examined this Statement and to the best of my knowledge and belief it is true, correct and complete.
Signature of Candidate

Neil J. Gillespie

Date

[Electronically Filed]

09/11/2016

NOTE: Submission of false, erroneous, or incomplete information may subject the person signing this Statement to penalties of 2 U.S.C. 437g.

FEC FORM 2 (REV. 02/2009)

PAGE 2 / 2
Image# 201609119030767062
)(&0,6&(//$1(2867(;75(/$7('72$5(32576&+('8/(25,7(0,=$7,21

Form/Schedule: F2N
Transaction ID :

Memo #1: I am a qualified person with a disability. I request disability accommodation under the Americans with
Disabilities Act (ADA), as amended, 42 U.S.C. 12181 et. seq, including the ADA Amendments Act of 2008, as
amended, and the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et. seq, including Section 504 of the
Rehabilitation Act, as amended, and Section 508 of the Rehabilitation Act, as amended. This disability
accommodation request also seeks a prohibition against disability discrimination. Memo #2: I am filing a FEC Form 2:
Statement of Candidacy, but got this message at the end: "Are you sure you want to submit this report electronically?
Filing a Form 1 through this system constitutes an electronic filing. Committees are required to file electronically if total
contributions received or total expenditures made exceed, or are expected to exceed, $50,000 in any calendar year.
Committees who are not required to file electronically, but choose to do so, must continue to file electronically for that
calendar year. 11 C.F.R. 104.18"

Form/Schedule:
Transaction ID:

SHfRD'r-----
Marion County

February 20, 2006

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

Dear Mr. Gillespie:


We received your letter of February 15, 2006 and will be looking into the matter you
described involving your mother, Penelope Gillespie. We will contact you in the near
future regarding our findings.
Sincerely,
ED DEAN, Sheriff

By:

Dan Kuhn, Chief of Staff


Kls

P.o. Box 1987, Ocala, FL 34478

Ph. (352) 732-8181

Civil (352) 620-3606 Emergency Management (352) 622-3205 Jail (352) 351-8077

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

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Neil J. Gillespie
8092 SW 115 th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807

VIA US CERTIFIED MAIL


RETURN RECEIPT REQUESTED
ARTICLE NO. 7005 2570 0000 4274 0515
February 15, 2006
Sheriff Ed Dean
Marion County Sheriff
692 NW 3Oth Avenue
Ocala, Florida 34475
Dear Sheriff Dean,
This is a request for an investigation into the exploitation of an elderly person,
Penelope M. Gillespie, my mother. With your background as an attorney, and with your
law enforcement and FBI training, I trust you can competently evaluate this complaint.
Victim: Penelope M. Gillespie, age 75, date of birth, October 29, 1930.
Perpetrators:
1. Bank of America, 7975 SW SR 200, Ocala, FL 34476, telephone: (352) 861-2807,
Penelope D. Kinsey, Branch Manager, and Candice Methvin, Loan Specialist.
2. Elizabeth Bauerle, 6356 SW 106th PI., Ocala, FL 34476-4893, (352) 216-3934.
Synopsis of Exploitation:
Bank of America (BOA) breached its fiduciary duty to Penelope M. Gillespie, a depositor
and customer, when it failed to adequately secure Ms. Gillespie's interest in three
mortgage transactions. Then BOA created false loan documents to facilitate business
financing to Elizabeth Bauerle, Ms. Gillespie's daughter and co-applicant. BOA falsely
labeled the business loan as a home improvement loan in order to avoid the required
business loan documentation. As a result, BOA granted the loan, and Elizabeth Bauerle
promptly lost the $40,000.00 proceeds when the business failed. When she was not able
to make the loan payments, Elizabeth Bauerle sold her house securing the loan and took
$15,559.83 from the settlement rightfully belonging to Penelope Gillespie.

Sheriff Ed Dean
Marion County Sheriff

Page -2
February 15, 2006

Chronology of Events:
1.
On February 7,2000, Cornelius and Penelope Gillespie borrowed $42,800.00
from Bank of America, secured by a mortgage on their home at 8092 SW 115 th Loop,
Ocala. (loan #1, mortgage no. 6167244307). This money was used to purchase a home
for their daughter, Elizabeth Bauerle (nee Gillespie), at 10836 SW 85 th Terrace, Ocala,
because Ms. Bauerle could not get a loan herself. Ms. Bauerle agreed make the monthly
mortgage payments of $325.32 for 30 years. This loan was refinanced on November 19,
2001, and Ms. Bauerle agreed to make the montWy mortgage a payments of $379.57 for
15 years. (loan #2, mortgage no. ?Q.11579906).
2.
Regarding loans #1 and #2 above, Cornelius and Penelope Gillespie failed to
require Ms. Bauerle to sign a note, or encumber the property at 10836 SW 85 th Terrace to
secure their interest. This was due to their lack of financial sophistication, and by a
failure of the Bank of America to perform its fiduciary duty. This situation allowed
Ms. Bauerle to subsequently borrow on the property, and jeopardize my parents security.
3.
On or about May 20, 2004, Elizabeth Bauerle convinced Penelope Gillespie l to
jointly obtain a mortgage on her house at 10836 SW 85 th Terrace for $40,883.92. (loan
#3, mortgage no. 7022788272). The stated purpose of this loan was honle improvement,
roof, siding, etc. The actual purpose of this loan was to purchase a share of the
Crossroads Restaurant and Lounge, 9900 SW State Road 200. This investment was for a
partial share of the business only, and not real estate. It was a highly speculative business
venture with Jinuny O'Neil Francis and Vicki S. Francis. However the Bank of America
disbursement document falsely states that the primary purpose of the loan was for home
improvement, roof, siding, etc. (Exhibit 1). The document falsely states that the specific
purpose of this loan is H/I (home improvement) roof, siding, etc.
4.
The payment for this mortgage was $490.13. (Exhibit 2). When added to the
$379.57 mortgage payment that Elizabeth Bauerle owed on Penelope Gillespie's house,
the combined payment was $869.70. When I asked Ms. Bauerle how she expected to pay
$869.70 a month, she said the money would come from the profits of the restaurant.
Ms. Bauerle's salary in her usual occupations, call center worker, lawn care, and pizza
delivery, could not support this payment. As such, how could the bank justify this loan?
5.
Elizabeth Bauerle recklessly involved Penelope Gillespie in a scam to finance a
restaurant with a loan falsely designated for home improvement. This scam allowed
Elizabeth Bauerle to invest in a business without the usual documentation such as a
business plan, balance sheet, income statement, tax returns, etc. Because the business
could not justify this loan, the loan would have ordinarily been rightfully denied.
The Bank of America breached its fiduciary duty to Penelope Gillespie, because the
bankers knew that this loan was not, in fact, for the purpose of home improvement, but
1

Cornelius Gillespie died on September 17, 2002, age 73

Sheriff Ed Dean
Marion County Sheriff

Page -3
February 15, 2006

was for the purpose of investing in a higWy speculative business. Bank of America
participated in this sham solely to collect the associated fees, and with no regard for
Penelope Gillespie.
6.
Elizabeth Bauerle neglected to conduct due diligence regarding this highly
speculative investment and soon lost all the money. She filed a lawsuit against her
former business partners, Jimmy O'Neil Francis and Vicki S. Francis. (Exhibit 3).
7.
When the business failed and the money was gone, Ms. Bauerle could not make
the monthly payments of $869.70, and was forced to sell her home at 10836 SW 85 th
Terrace. The house sold on December 8, 2004 for $63,000.00, leaving $15,559.83 at
settlement, after loan #3 was paid. (Exhibit 4). This money rightfully belongs to
Penelope Gillespie, and should have been applied to the mortgage on her home at 8092
SW 115 th Loop, loan #2. But Ms. Bauerle kept the $15,559.83 for herself, and deposited
the money in her bank account. (Exhibit 5). Currently Penelope Gillespie has a mortgage
on her home in the amount of$35,325.55, loan #2. Ms. Bauerle should have paid
Penelope Gillespie $15,559.83, reducing the balance of loan #2 to $19,765.72.
My brother Mark Gillespie (Penelope Gillespie's other son) can collaborate the
information that I have provided. This is his contact information:
Mark J. Gillespie
7504 Summer Meadows Drive
Fort Worth, Texas 76123-1979
Telephone: (817) 361-6721
Thank you for considering this complaint.

cc: Mark J. Gillespie


enclosures

u.s. Postal Servicerrv1

CERTIFIED MAl Lrr., RECEIPT

(Domestic Mail Only; No Insurance Coverage Provided)

Postage

$2.~0

CertlfledFee

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(Endorsement Required)
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Total Postage & Fees

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"('2/15/2006

~ptete Items 1, 2, and 3. Also com

19m 4 if Restricted Delivery Is desired." ~i'"


'rint your name and address on tlle ~verse
eo that we can return the card to you.
Attach this card to 'the back of the mailpiece,
on the front if space permits.
1. Article Addressed to:

,skR.;Fr ed OC,tIJ"/
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C.O.D.

4. Restricted Delivery? (Extra Fee)

7005 2570 0000 4274 0515


i'i i \ i \ it i i i i tit i t l t l \1t t
Domestic Return Receipt

Yes

102595-02-M-1540

USPS - Track & Confrrm

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. .UNITED STIJTES
. .POSTJ1L SERVICE.,

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Track & Confirm


Search Results
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Track & Confirm


Enter Label/Receipt Number.

Delivered, February 17, 2006, 7:39 am, OCALA, FL 34478


Acceptance, February 15,2006,12:34 pm, OCALA, FL 34474
i,<BKk

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2/17/2006

DISBUR.ENT REQUEST AND AUTH.ZATION


ACCOUNT NUMBER
Borrower:

7022788272

ELIZABETH A BAUERLE
PENELOPE M GILLESPIE
10836 SW 85TH TER
OCALA, FL 34481-9719

Lender:

Bank of America, N.A.


c/o Florida Main Office
Bank of America Plaza
P.O. Box 31590
Tampa, FL 33631

LOAN TYPE. This is a Fixed Rate (6.3500/0) Disclosable Loan to 2 Individuals for $40,883.92 due on June 9, 2014.
PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for:

~ Personal, Family, or Household Purposes or Personal Investment.

D Business (Including Real Estate Investment).


SPECIFI(: PURPOSE. The specific purpose of this loan is: HII ROOF,SIDING,ETC.
REAL ESTATE DOCUMENTS. If any party to this transaction is granting a security interest in any real property to Lender and ELIZABETH A
BAUERLE and PENELOPE M GILLESPIE am not also a party to the real estate document or documents (the "Real Estate Documents") granting
such security interest, I agree to perform and comply with the Real Estate Documents just as if I have signed as a direct and original party to the
Real Estate Documents. This means I agree to all the representations and warranties made in the Real Estate Documents. In addition, I agree to
perform and comply strictly with all the terms, obligations and covenants to be performed by either me or any Grantor or Trustor, or both, as
those words are defined in the Real Estate Documents. Lender need not tell me about any action or inaction Lender takes in connection with the
Real Estate Documents. I assume the responsibility for being and keeping informed about the property. I also vvaive any defenses that may
arise because of any action or inaction of Lender, including without limitation any failure of Lender to realize upon the propertv, or any delay by
Lender in realizing upon the property.
DISBURSEMENT INSTRUCTIONS. I understand that no loan proceeds will be disbursed until any notice of the right to cancel tirne period
specified has expired and all of Lender's conditions for making the loan have been satisfied. Please disburse the loan proceeds of $40,883.92
as follows:
Amount paid to me directly:
$40,000.00
$40,000.00 Lender's Check # Bank Check IINIO ELIZABETH A BAUERLE
AND PENELOPE M GILLESPIE
Other Charges Financed:
$143.15 DOC STAMP TAX
$81.77 INTANGIBLE TAX
$6.00 FLOOD DETERM. FEE to HOME FOCUS
$42.00 RECORDING
$6.00 RELEASING
$1 5.00 APPRAISER to HOME FOCUS
$90.00 TITLE SEARCH to HOME FOCUS
$100.00 DOCUMENT PREPARATION(O/o)

$483.92

Total Financed Prepaid Finance Charges:


$400.00 MORTGAGE FEE(%)

$400.00

Note Principal:

$40,883.92

AUTOMATIC PAYMENTS. I hereby authorize Lender automatically to deduct from my account numbered 3441515737 the amount of any loan
payment. If the funds in the account are insufficient to cover any payment, Lender shall not be obligated to advance funds to cover the
payment. At any time and for any reason, lor Lender may voluntarily terminate Automatic Payments.
TAX CONSEQUENCES. I understand that Lender makes no representation or warranty whatsoever concerning the tax consequences of this
loan, including the deductibility of interest, and that I should consult with my own tax advisor for guidance on this subject. I also agree that
Lender shall not be liable in any manner whatsoever should the interest paid on the loan not be deductible.
AUTOMATIC PAYMENT ADDITIONAL INFORMATION (IF APPLICABLE). If you have authorized automatic payment above, then the following
shall apply:
I hereby authorize Lender to draft the described account for my loan payments. I agree to the Recurring Automatic Payment Authorization
Terms and Conditions which will be enclosed with my Automatic Payment confirmation notice, unless I otherwise notify Lender.

This authorization is to remain in full force and effect until Lender has received either verbal or written notification from me of its termination in
such time and in such nlanner as to afford Lender and my depository institution a reasonable opportunity to act on it.
FINANCIAL CONDITION.
BY SIGNING THIS AUTHORIZATION, I REPRESENT AND WARRANT TO LENDER THAT THE INFORMATION
PROVIDED ABOVE IS TRUE AND CORRECT AND THAT THERE HAS BEEN NO MATERIAL ADVERSE CHANGE IN MY FINANCIAL CONDITION
AS DISCLOSED IN MY MOST RECENT FINANCIAL STATEMENT TO LENDER. THIS AUTHORIZATION IS DATED MAY 20, 2004.

EXHIBIT

PO Box 9000.
Getzvi1Jc~ NY/> 68-9000

Bankof America~ .
.

OS/27/04

~...

132/173

Elizabeth A Bauerle

Penelope M Gillespie

10836 S"v 85th Ter

Ocala FL 34481-9719

11.11111 1.11.11.11111.111.11111 1.11111.111 11111111.1.1.1

Loan Nunlber 7022788272


Dear Elizabeth A Bauerle..

Welcolne.. al1d thcUlk you for doing business with Bcmk of Alnerica. We are pleased to have you as a lllorlgagc
custon1Cr.

Payment Information
Your account is set up to have your paylnent autolnatically drafted. As you selected, your first aut01l1atic paylllcnt
\vill begin on July 9th 2004. Your payulents \vill be drafted as follows:
Autoluatic PaYluent Draft Alllount
$490.13

(which includes any additional principal you requested)

Drafting Schedule

monthly 9th

Checking/Savings Account NUInber

003441515737

Transit Routing Nun1ber

063000047

Choose Service-My-Mortgage for all the information you could want.


Just Sigl1 up for tllis free online selVice and you'll have access to your loan status, including current balculcc~ intcrest

rate and paylnent infoftnation. You can even update your address or phone number. It's yours 24 hours a day ~ 7

days a \veek. \lisil \V",:\v. banko[cuuelica.conlll11ylTlortgagc and regisler as a user.

Contacting Us

..

We have a teaIl1 of lTIortgage professionals ready to answer questions and lnake sure you're a satisfied custolllcr

an)1iIUe you call 1.800.285.6000, Monday through Friday, 8aIn to 9pm Eastern Time. Please send any writtcn

correspondence to:

Bank of America

Cus10lner Service

P.O. Box 9000

Getzville, NY 14068-9000

Over tlle cOIning weeks we will be sending you more inforInation about the benefits of your relationship "'lith
Bank of Anlerica. It's all part oftlle way we'll bring you Higher Standards.
Thank you again for choosing Bank of Alnerica.

Anna V. Bates
Custolner SeIVice Manager

EFOI6T/NCP/8-0J

1-173133-3477

EXHIBIT

---.

-------_.__...

_-----------~------

"

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT


IN AND FOR MARION COUNTY, FLORIDA

ELIZABETH BAUERLE,
Plaintiff,
v.

CASE NO.:

~__J. -S3 -Cf\ ~ ~


T
O Jl_
::: ~ :~~

JIMMY O'NEIL FRANCIS,


VICKI S. FRANCIS and CROSSROADS
RESTAURANT & LOUNGE, INC, a

Florida corporation,

:. )
I t

c:::

':".:.

" ' _.

,r"

."

Defendants.

7"-

_.

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

'

..

...

,--

. . . . . .'

_.

r"':~'

VERIFIED COMPLAINT
Plaintiff, ELIZABETH BAUERLE, sues defendants, JIMMY O'NEIL FRANCIS and
VICKI

S.

FRANCIS, individually and as officers of defendant, CROSSROADS

RESTAURANT & LOUNGE, INC, a Florida corporation, and alleges:


1.

This is an action for damages that exceeds Fifteen Thousand ($15,000.00)

Dollars as to each count.


2.

On or about 6 June 2004 the plaintiff, ELIZABETH BAUERLE, (hereinafter

referred to as "BAUERLE"), paid defendant,

JIMMY O'NEIL FRANCIS (hereinafter

referred to as "FRANCIS") owner of the Crossroads Restaurant and Lounge located at


9900 SW State Road 200, Ocala, Florida 34481, the sum of $25,000.00; paid him
$1 ,000.00 on or about 16 June 2004; and 'paid him $3,500.00, on or about 18 June 2004,
for a total paid of $29,500, (Exhibit "A").

3.

On or about 6 June 2004 the plaintiff paid for new carpeting at the

Crossroads Restaurant and Lounge (hereinafter referred to as uCROSSROADS") with


EXHIBIT

I ,3

checks of $1 ,325.60 and $900.00 and paid other bills of CROSSROADS in the amount of

$5,774.40, for a total of $8,000. (Exhibit UB")


4.

BAUERLE's total cash contributions made in June 2004 to FRANCIS and to

his restaurant and lounge totaled $37,500.


5"

In return for her cash contributions, FRANCIS told BAUERLE that they would

be equal (50/50) partners in the continuing operation of CROSSROADS; sharing equally


in all expenses, efforts and profits on behalf of the partnership.
6.

On or about 6 June 2004, prior to making her first cash payment, BAUERLE

met with FRANCIS and his wife, VICKI S. FRANCIS and with Attorney ~9_~..g_.!erner~ho\
BAUERLE retained to draft a written partnership agreement. The attorney suggested that
BAUERLE and FRANCIS incorporate as 50/50 shareholders rather than being partners.
7.

FRANCIS suggested that his wife, VICKI S. FRANCIS, incorporate the

business u over the Internet" for them and BAUERLE agreed. It was implied by FRANCIS
that BAUERLE and FRANCIS would be named as officers, directors, and shareholders
of the corporation.
8.

On 7 June 2004, VICKI S. FRANCIS filed corporate documents for

CROSSROADS RESTAURANT & LOUNGE, INC., located at 9900 SW Highway 200,


Ocala, Florida 34481, naming herself as Incorporator, President, Secretary, Treasurer and
Resident Agent, (Exhibit "en).

9.

Although the corporation is authorized to issue 100 shares, BAUERLE has

not received the 50 shares promised to her by FRANCIS in consideration for her cash
contributions set out above.

----_._-._.__ .-

---_ ------------------_.-.-...

....

10_

On

27 July 2004,

the Articles of Incorporation

of the defendant,

CROSSROADS RESTAURANT AND LOUNGE, INC., was amended by VICKI S.


FRANCIS, without shareholder action, to name defendant, FRANCIS, as Vice President
of the corporation, (Exhibit leD").
11.

On 6 June 2004, BAUERLE and another person at BAUERLE's request,

began to work in the business of CROSSROADS, including work to clean, repair, cook,
serve customers, and rnanage the business, at the rate of 18 hours per day each, for
seven days per week for four weeks, for a total of 1,008 man-hours of service provided to
defendants by BAUERLE and her friend.

12.

Under an oral agreement between BAUERLE and FRANCIS, the plaintiff was

to receive $1,600 per month or 50A> of all profits from the restaurant and bar business,

whichever was greater. Plaintiff received a total of $1 ,000 under this agreement.
13.

On or about 7 July 2004, FRANCIS announced that he was going to "shutthe

place down" and demanded that BAUERLE give him her keys to CROSSROADS, stated
that "you'll never see any of your money" and ordered plaintiff off of the premises.

14.

In August 2004, defendants, without consultation with BAUERLE, closed

CROSSROADS and removed all of its inventory, equipment, and some fixtures from the

premises.
15.

Defendants have not returned any of the funds paid by BAUERLE to

FRANCIS nor any of the funds she paid to improve the CROSSROADS premises, nor any
of the fixtures, equipment and inventory purchased by BAUERLE for CROSSROADS.

16.

The total due and owing to BAUERLE for her capital contributions is $37,500

plus 50% of the profits since 16 June 2004. The amount of profits is known to defendants

but not to BAUERLE.


COUNT I

(Fraud in the Inducement against Jimmy O'Neil Francis)

17.

BAUERLE realleges paragraphs 1-15 above.

18.

FRANCIS induced plaintiff to pay him $29,500 cash and to pay for

improvements to the Crossroads Restaurant and Lounge in the amount of an additional


$8,000 for a total of $37,500.

19.

FRANCIS induced plaintiff to contribute 1,008 man-hours of work in reliance

on the representations of FRANCIS that she would be a 50% owner of the enterprise, and

share in 50% of tile continuing profits in the enterprise.


20.

ButforFRANCIS' representations, BAUERLE would not have paid FRANCIS

money to buy into the CROSSROADS, (lor paid for improvement to the CROSSROADS
premises, nor performed the services for CROSSROADS which she performed.
21.

Atthe time that JIMMY FRAf\JCIS made the representation of 50% ownership

in the Crossroads Restaurant and Lounge business to BAUERLE, he knew that he would

not fulfill his promise to make BAUERLE a 50% shareholder of the corporation, and to
continue to operate the business so that she could recoup her contributions. He knew that
he would close down the business and abscond with BAUERLE's money, fixtures,
equipment and inventory.
22.

FRANCIS' representations to BAUERLE were made for the purpose of

inducing plaintiff to pay him money and to contribute to the Crossroads enterprise. The

'

representations of FRANCIS were false and known by him to be false at the time they were

made.
23~

As a result, BAUERLE was defrauded and does not have the money she paid

to FRANCIS nor the money she used to improve CROSSROADS, nor profits from the
operation of the CROSSROADS enterprise.
WHEREFORE, BAUERLE demands judgment for damages against defendant,
JIMMY O'NEJI_ FRANCIS ..

COUNT II
(Fraud in the Inducement against Vicki S. Francis)
24.

Plaintiff realleges paragraphs 1 -22 above.

25.

Because

FRANCIS was a convicted

,/'

felon.

///,--.._;;,,":p

the

liquor license to

/' CROSSROADS was held in the name of FRANCIS's wife, defendant VICKI S. FRANCIS.
26.

At the time that FRANCIS committed the fraud stated in Count I above, VICKI

s.

FRANCIS knew of her husband's misrepresentations to BAUERLE and actively

participated in a conspiracy to defraud BAUERLE.


27.

VICKI S. FRANCIS represented to BAUERLE that she would incorporate the

CROSSROADS enterprise so as to divide all shares, control and assets equally and that
BAUERLE would own 50 % of the corporation and JIMMY O'NEIL FRANCIS and VICKI S.
FRANCIS would together own the other 50% of the corporation, and that the FRANCISES
j

would
exercise equal control over and share all profits equally with BAUERLE.

28.

VICKI S. FRANCIS made these representations to BAUERLE in order to

indtJce her to pay rlloney to her husband and to pay money towards bills of and
improvements to the premises of CROSSROADS (Which increased the value of her liquor

-------_...

license) a.nd to expend 1,008 man-hours of effort at CROSSROADS, yet VICKI S.

FRANCIS knew from the beginning of her dealings with BAUERLE that she would
incorporate CROSSROADS to the exclusion of BAUERLE and then, with her husband,
close down the business.
29.

On 7 June 2004, V1CKr S. FRANCIS filed corporate documents for

CROSSROADS RESTAURANT & LOUNGE, INC., located at 9900 SW Highway 200,


Ocala, Florida 34481, naming herselfas Incorporator, President, Secretary, Treasurerand
Resident Agent, (Exhibit "e").
30~

Although the corporation is authorized to issue 100 shares, BAUERLE did

not received the 50 shares promised to her by FRANCIS in consideration for her cash

contributions set out above.


31.

On 27 July 2004, the Articles of Incorporation of the defendant,

CROSSROADS RESTAURANT AND LOUNGE, JNC., was amended by VICKI S.


FRANCIS without shareholder action to natl1e defendant, FRANCIS, as Vice President of

the corporation, (Exhibit liD").


32.

VICKI S. FRANCIS' representations to BAUERLE were madeforthe purpose

of inducing pJaintiff to pay money and to contribute to the Crossroads enterprise.

33.

The representations of VICKI S. FRANCIS were false and known by her to

be false at the time they were made.

34.

As a result, BAUERLE was defrauded and does not have the money she paid

FRANCIS, nor the money she used to improve the CROSSROADS, nor profits from the
operation of the CROSSROADS enterprise.

"_.

WHEREFORE, BAUERLE demands judgment against defendant, VICKI S.

FRANCIS.
COUNT III
(Money Paid)
35.

Plaintiff realleges paragraphs 1 and 3 above.

36.

Defendants, JIMMY O'NEIL FRANCIS and VICKI S. FRANCIS, individually

and as officers of defendant, CROSSROADS RESTAURANT & LOUNGE, INC, a Florida


corporation, jointly and severally owe the plaintiff $8,000 that is due with interest from 6
/ ..... ....-..... ... ,---_.. ..._... _"'_ ....-..'--....""
'"

"

Jyn~ 2004 for money paid by BAUERLE to third parties for improvements an(outstandinv

(~iIlS ~wed

by the defendants at CROSSROADS which was paid by

<..... -,--,,<")

~quest

BAUE~-';~he

of defendant, FRANCIS.

WHEREFORE, plaintiffdemands judgment fordamages against defendant, JIMMY


O'NEIL FRANCIS and VICKI S. FRANCIS, individually and as officers of defendant, and
CROSSROADS RESTAURANT & LOUNGE, INC, a Florida corporation.
COUNT IV
(Breach of II11plied Contract)
37.

Plaintiff realleges paragraphs 1 - 15 above.

38.

In consideration for plaintiff's payments to FRANCIS of $29,500, and $8,000

in capital contributions by plaintiff towards improvements to and pills of the business, an


implied contract was created between BAUERI_E and the defendants that the
CROSSROADS would remain open and operating so as to afford the plaintiff the

opportunity to recover her capital contributions.


39.

By closing the CROSSROADS, defendants were in breach of their implied

contract with plaintiff and thereby unjustly enriched.

..

_-_._-----._-~._----_._~

__._-_.-_._-_

_--

WHEREFORE, the plaintiff demands judgment for return of all sums paid to or on

behalf of defendants) plus interest.


JURY TRIAL

The plaintiff hereby demands trial by jury on all issues so triable.

Dated thid<t

day of October, 2004.

Sworn t'? .qnd subscribed before me,


this
. tt~ay of
obE:3r, 004.

~,'~!/':""'"

!j~-;b."'t~
i ~.~.: ~
,~~ n.f I

USA F. TRICK
MY COMMISSION It DO 309385
EXPIRES: April 11, 2008
Bor1dtd Thru Notary PulMic Und6lWrttar5

By:

eonard.H. Klat , Esq.


Florida Bar No.: 134063
7753 SW State Road 200
Ocala, FL 34476
(352) 237-3304
(352) 237-0488 Facsimile
Attorneys for Plaintiff

t Settlement Statement

~;)

,.

Approval No. 2502-0265

B. Type of Loan
15. Loan Type

First American Title Insurance Company


Final Statement

1090..690238

6.

File Number

7.

Loan Number

8.

Mortgage Insurance Case Number

C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown, items marked "(POC)" were paid outside this closing; Ihey are shown
here for informational purposes and are not included in the totals.
D.

Name of Borrower: Jacob L. Dykstra, Jeralyn K. Dykstra

E.

Name of Seller: Elizabeth Bauerle

F.

Name of Lender:
,

G.

Property Location: 10836 SW 85th Terrace, Ocala, FL 34481

H.

Settlement Agent: First American Title Insurance Company


Address: 8444 Southwest 103rd Street Road, Ocala, FL 34481

I.

Settlement Date: 12/08/2004

Place of Settlement Address: 8444 Southwest 103rd Street Road, Ocala, FL 34481

Print Date: 12/08/2004, 9:19 AM


Disbursement Date: 12/08/2004

K. Summary of Seller's Transaction

J. Summary of Borrower's Transaction

100. Gross Amount Due From Borrower

400. Gross Amount Due To Seller

101. Contract Sales Price

63,000.00

401. Contract Sales Price

63,000.00

402. Personal Property

102. Personal Property


103. Settlement charges to borrower (line 1400)

449.40

403. Total Deposits

104.

404.

105.

405.

Adjustments for items paid by seller in advance

Adjustments for items paid by seller in advance

106. City/town taxes

406. City/town taxes

107. County (axes

407. County taxes

108. Assessments

408. Assessments

109. Association Dues (DECEMBER) 12/01/04 to 12/08/04

19.77

110.

409. Association Dues (DECEMBER) 12/01/04 to 12/08/04

19.77

410.

111.

411.

112.

412.

113.

413.

114.

414.

115.

415.

63,469.17

120. Gross Amount Due From Borrower


200. Amounts Paid By Or In Behalf of Borrower

420. Gross Amount Due To Seller

63,019.77

500. Reductions In Amount Due to Seller

201. Deposit or earnest money

500.00

501. Excess deposit (see instructions)

202. Principal amount of new loan(s)

502. Settlement charges (line 1400)

203. Existing loan(s) taken subject

503. Existing loan(s) taken subject

204.

504. Payoff of first mortgage loan - Bank of America

205.

505. Payoff of second mortgage loan

206.

506. 2004 Rle Taxes 7003-001-003 to Thomas Olson, Tax

207.

507. Disbursed as Proceeds ($500.00)

208.

508.

209.

509.

Adjustments for items unpaid by seller

Adjustments for items unpaid by seller

5,361.86

210. City/town taxes

510. City/town taxes

211. County taxes 12/08/04 to 12/31/04 @$537.28/yr

511. County taxes 12/08/04 to 12/31/04 @$537.28/yr

35.33

212. Assessments

512. Assessments

213.

513.

214.

514.

215.

515.

216.

516.

217.

517.

218.

518.

219.

519.

220. Total Paid By/For Borrower

535.33

300. Cash At Settlement FromlTo Borrower


301. Gross amount due from Borrower (line 120)

63,469.11

302. Less amounts paid bylfor Borrower (line 220)

535.33
62,933.84

303. Cash (X From) ( To) Borrower

41,525.47
537.28

35.33

EXHIBIT
j

:8
II

If
47,459.94

520. Total Reduction Amount Due Seller


600. Cash At Settlement To/From Seller
601. Gross amount due to Seller (line 420)
602. Less reductions in amounts due to Seller (line 520)

63,019.77
47,459.94

603. Cash (X To) ( From) Seller

15,559.83

The HUD1 Settlement Statement which I have~ed is a true and accurate account of this transaction. I have caused or will cause the funds to be

disbursed in accordance with this statement.


~
j J )./~"
Date:__
rgl(J1 ..
Settlement Aqent__
_" __ ._
IA.
... -- .
----

:.lil-

* See Supplemental Page for details.

(J

.,.

L21'/ '
,

"

..
....

F'IIe No. 1090 690238

Anent Charges
otal Sales/Broker's Commission based on price $63,000. 0 @ 6.0000% =$3780.00

Paid From
Borrower's
Funds at
Settlement

Division of Commission (line 700) as follows

)1. $1,890.00 to Keller Williams Cornerstone

Paid From
Seller's
Funds at

Settlement

702. $1,890.00 to ABC Realty of Ocala


703. Commission paid at Settlement
704.

3,780.00

BOO. Items Pavable in Connection with Loan


801. Loan Origination Fee
802. Loan Discount
803. Appraisal Fee
804. Credit Report
805. Lenders Inspection Fee
806. Mortgage Insurance Application Premium
807. Assumption Fee
808.
809.
810.
811.
812.
813.
814.
Supplemental Summary
900. Items Reauired by Lender to be Paid in Advance
901. Interest
902.
903. Hazard Insurance Premium for
904.
905.
Supplemental Summary
1000. Reserves Deoosited with Lender
1001. Hazard Insurance
1002. Mortgage Insurance
1003. City Property Taxes
1004. County Property Taxes
1005. Annual assessments

1006.
1007.
1008. Aggregate Accounting Adjustment
1100.
1101.
1102.
1103.
1104.
1105.
1106.
1107.
1108.
1109.
1110.
1111.
1112.
1113.
1114.
1115.
1116.
1117.
1200.
1201.
1202.
1203.
1204.
1205.
1206.

Title CharQes
Settlement or closing fee First American Title Insurance Company
Abstract or title search First American Title Insurance Company
Title examination First American Title Insurance Company
Title Insurance Binder
Document Fee
Notary Fee
Attomey Fee
(includes above item numbers: )
Title Insurance See supplemental page for breakdown of individual fees and payees
(includes above item numbers: )
Lender's coverage $0.00
Owner's coverage $63,000.00 Premium: $362.25
Shipping/Handling Admin Service Fee - First American Title Insurance Company

50.00
50.00
50.00

362.25

15.00

Government RecordinQ and Transfer CharQes


Recording fees: Deed $18.50 Mortgage $0.00 Release $0.00
City/county tax/stamps:
State tax/stamps: Deed $441.00 Mortgage $0.00

1300. Additional Settlement CharQes


1301. Survey to Cand A Engineers and Surveyors, Inc.
1302. Pest Inspection to Regional Termite and Pest Control, Inc.
1303. Home Warranty to First American Home poe by K. Bradley
1304. Association Dues (JULY thru NOVEMBER) to DECCA Administration
1305. Association Dues (DECEMBER) to DECCA Administration
1306. Treatment to Regional Termite and Pest Control, Inc.
1307.
1308.
1309.
1310.
1311.
1312.
1313.
1314.
Supplemental Summary
1400. Total Settlement Charges (enter on lines 103. Section J and 502, Section K)

* See Supplemental Page for details.

18.50
441.00

300.00
45.00
POC $360.00
553.61

85.90
60.00

449.40

5,361.86

File No.
1090-690238

Supp
ntal Page
HUD1 Settlement Statement

First American Title Insurance Company

Loan No.

Final Statement
Settlement Date:

12/08/2004
Borrower Name &Address: Jacob L. Dykstra, Jeralyn K. Dykstra

Seller Name & Address: Elizabeth Bauerle

Paid From
Borrower's
Funds at
Settlement

Section L. Settlement Charges continued

Paid From
Seller's
Funds at
Settlement

362.25

1108. Supplemental Summary


a) Owne~s Title Policy First American Title Insurance Company

362.25

The following Section is restated from the Settlement Statement Page 1


300. Cash At Settlement Fromrro Borrower
301. Gross amount due from Borrower (line 120)
302. Less amounts paid by/for Borrower (line 220)

303. Cash (X From) ( To) Borrower

600. Cash At Settlement To/From Seller

63,469.17
535.33
62,933.84

601. Gross Amount due to Seller (line 420)


601. Less reductions in amounts due to Seller (line 520)
603. Cash (X To) ( From) Seller

I have carefully reviewed the HUD1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and
distributions made on my account or by me in this transaction. I further certify that I have received a copy of the HUD1 Settlement Statement.

BUYER(S):

Jacob L. Dykstra

Jeralyn K. Dykstra

First American Title Insurance Company

BY~~dc~

Jo~ne DeGraff

Elizab~uerle

63,019.77
47,459.94
15,559.83

BankofAmerica ~

Customer
Receipt

All ilems arc credited subject to verification, collection, ancl conditions or the Rules and Regulations or this Bank and as ol.herwise provided
by law. PnymcnLs are accepted when credit is applied to outstanding bnlunces and not upon issuance of this receipt. Transactions receivcd
afLcr the Rank's posted cllt-orr lime or Si'lturuay, Sunday, and Bank Holidays, are dated and considered received as or the next business day.
Please rdain this ret:ciptuntil you receive your account statt:ment.
Thanl\. you fm b.mking with Banli of America.
T.oy Online Banldng at www.bankofamcrica.com
o

95- i4-2005B 08-2004

EXHIBIT

Is

MOTION TO DISQUALIFY JUDGE STEVEN ROGERS

Merits of the Reverse-Mortgage Foreclose Case


Judge Rogers knows, or should know, that he is presiding over Fraud-Closure.

The Plaintiffs Affidavit of Indebtedness shows one borrower: Penelope Gillespie.

The Plaintiff did not sue the only borrower, Penelope Gillespie.

The Plaintiff did not sue the Estate of Penelope Gillespie.

The Plaintiffs Complaint, 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.

I filed Defenses and Claims in Recoupment - Section 673.3051(1)(a)2, Fla. Stat. lack of legal
capacity of the borrower, that extinguished all equities of redemption. (more defenses exist)

Available: Defenses and Claims in Recoupment - Section 673.3051(1)(a)3, Fla. Stat. Fraud
that induced the obligor to sign the instrument with neither knowledge nor reasonable
opportunity to learn of its character or its essential terms.

The Plaintiff does not have standing to sue anyone. The Plaintiff has not complied with F.S.
702.015(4), Elements of complaint; lost, destroyed, or stolen note affidavit.

The copy of the note that Mr. Harrell says is attached to the Complaint is defective and does
not have anything attached, no alonge, and nothing showing a chain of custody. That copy
was taken from my HUD complaint as an example of wrongdoing, not compliance with law.

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


(FHA) reverse mortgage program administered by the Secretary, U.S. Department of
Housing and Urban Development, 12 U.S.C. 1715z20 et seq. and 24 C.F.R. Part 206.

Florida is a judicial foreclosure state. The citations to Floridas foreclosure statutes are:
Florida Statutes Sections 702.01 through 702.11, and
Florida Statutes Sections 45.031 through 45.0315.

Chapter 702, Foreclosure of Mortgages and Statutory Liens, is a forward foreclosure statute.
Florida does not have a judicial reverse mortgage foreclose statute. Therefore no jurisdiction.

The response January 26, 2016 of Leslie Jacobs for Attorney General Pam Bondi does not
show jurisdiction of the Florida Courts over a disputed HECM. (Exhibit 6).

RMS letter of September 26, 2013: Date of First Legal Filing: 01/02/2013. HECM
foreclosure must commence within 6 months. 24 C.F.R. 206.125(d)(1). The Plaintiffs First
Legal Filing is past the 6 month commencement 24 C.F.R. 206.125(d)(1). (Exhibit 7)

VIA Email: pam.bondi@myfloridalegal.com

January 21, 2016

Attorney General Pam Bondi


Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050
Public Records Request. F.S. 119.07(1)(c) All public records requests shall be acknowledged
promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.
Dear Attorney General Bondi:
As the statewide elected official directed by the Florida Constitution to serve as the chief
legal officer for the State of Florida (Exhibit 1):
1.
Provide records showing jurisdiction of Florida courts over a disputed foreclosure of a
federal reverse mortgage, called a HECM, or Home Equity Conversion Mortgage:
A Home Equity Conversion Mortgage, or HECM, is a Federal Housing Administration (FHA)
reverse mortgage program administered by the Secretary, United States Department of
Housing and Urban Development (Secretary or HUD) to enable home owners over 62 years old
access the subject home's equity. 12 U.S.C. 1715z20 et seq. and 24 C.F.R. Part 206.
A HECM does not require a homeowner to make mortgage payments as a conventional
mortgage does. Instead, a HECM does not become due and payable until the last surviving
homeowner dies or no longer lives in the home. 12 U.S.C. 1715-z20(j) Safeguard to prevent
displacement of homeowner. The HECM becomes due and payable in full if a mortgagor dies
and the property is not the principal residence of at least one surviving mortgagor....and no other
mortgagor retains title to the property. 24 C.F.R. 206.27(c).
2.
On information and belief, when a substantial disputed issue of federal HECM law is a
necessary element of the foreclosing Plaintiffs state law claim that a HECM is due and payable,
the U.S. district court has subject matter jurisdiction under 28 U.S.C. 1331 and the U.S.
Constitution, Article III, Section 2 for all cases, in law and equity, arising under this
Constitution, [and] the laws of the United States, and the Due Process Clause of the Fifth
Amendment and Fourteenth Amendment of the Constitution of the United States:
The Constitution states only one command twice. The Fifth Amendment says to the
federal government that no one shall be "deprived of life, liberty or property without due
process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven
words, called the Due Process Clause, to describe a legal obligation of all states. These
words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures. (Cornell Law LII)
http://www.law.cornell.edu/wex/due_process

Attorney General Pam Bondi


Office of Attorney General
State of Florida
PUBLIC RECORDS REQUEST

January 21, 2016


Page - 2

A property right can be created only by state law. Once a property right is established, the
determination of what process is due before that right can be deprived is a question answered by
the federal Constitution. Kingsford v. Salt Lake City Sch. Dist., 247 F.3d 1123 (10th Cir. 2001).
U.S. Judge Thomas W. Thrash, Jr. in Thompson-El v. Bank of America, 1:12-CV-840TWT, District Court, N.D. GA held in an Order entered December 12, 2012:
Federal question cases are those arising under the Constitution, laws, or treaties of the
United States. 28 U.S.C. 1331 A case arises under federal law if federal law creates
the cause of action, or if a substantial disputed issue of federal law is a necessary element
of a state law claim. Pacheco de Perez v. AT&T Co., 139 F.3d 1368, 1373 (11th Cir.
1998) (citing Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for S.
Cal., 463 U.S. 1, 13 (1983)).
Thank you for the courtesy of a response.
Sincerely,

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

Page 1 of 2

Neil Gillespie
From:
To:
Sent:
Subject:

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


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

January 26, 2016


Mr. Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Via email neilgillespie@mfi.net
Dear Mr. Gillespie:
This will respond to your January 21, 2016 email in which, pursuant to Ch. 119, F.S., you make the
following request for public records:
1. Provide records showing jurisdiction of Florida courts over a disputed foreclosure of a
federal reverse mortgage, called a HECM, or Home Equity Conversion Mortgage:
A Home Equity Conversion Mortgage, or HECM, is a Federal Housing Administration (FHA)
2. On information and belief, when a substantial disputed issue of federal HECM law is a
necessary element of the foreclosing Plaintiffs state law claim that a HECM is due and payable, the
U.S. district court has subject matter jurisdiction under 28 U.S.C. 1331 and the U.S. Constitution,
Article III, Section 2 for all cases, in law and equity, arising under this Constitution, [and] the laws
of the United States, and the Due Process Clause of the Fifth Amendment and Fourteenth Amendment
of the Constitution of the United States:
The Constitution
Our Office does not have any documents responsive to your specific inquiry dated January 21, 2016
regarding Home Equity Conversion Mortgages (HECM). The HECM is the reverse mortgage program
run through the Federal Housing Authority. In furtherance of trying to assist you, additional information
about that federal program may be found at:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/hecm/rmtopten
Thank you for the opportunity to assist you in this matter.
Sincerely,
Leslie Jacobs

Public Records Coordinator

Office of the Attorney General


PL 01, The Capitol

Tallahassee, FL 32399-1050
(850) 245-0140(o)

(850) 487-2564 (f)

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

8/15/2016

Page 2 of 2

acknowledgment for this record request. cc: Leslie


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

To: "Pam Bondi" <pam.bondi@myfloridalegal.com>, "Leslie Jacobs" <Leslie.Jacobs@myfloridalegal.com>


Cc: "Neil Gillespie" <neilgillespie@mfi.net>
Date: 01/26/2016 12:08 PM

Subject: Fw: Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016

TO: Attorney General Pam Bondi: I do not have an acknowledgment for this record request.
cc: Leslie Jacobs.
Public Records Request. F.S. 119.07(1)(c) All public records requests shall be acknowledged
promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.
----- Original Message ----From: Neil Gillespie
To: Pam Bondi ; Leslie Jacobs
Cc: Neil Gillespie
Sent: Thursday, January 21, 2016 8:40 AM
Subject: Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016
[attachment "Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016.pdf" deleted by
Leslie Jacobs/OAG]

8/15/2016

http://myfloridalegal.com/pages.nsf/Main/F06F66DA272F37C885256CCB0051916F

The Role and Function of the Attorney General


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

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

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

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

Frequently Asked Questions


AG Services and Units
Addresses, phone numbers and fax numbers for divisions and branch offices
Maps with directions for visiting our offices
Contact us
Florida Toll Free Numbers:
- Fraud Hotline 1-866-966-7226

2727 Spring Creek Drive


Spring, TX 77373

DEVAL LLC
Westpoint 1
Suite 300
1255 Corporate Drive
Irving, Texas 75038

9/26/2013

September 26, 2013


Page 1 of 1
Dear Sir/Madam:
Please accept this letter to serve as our formal notification of the filing of the first
legal action in regards to the foreclosure action on the below loan.
FHA Case Number: 091-4405741
Borrower Name: Penelope M Gillespie
Property Address: 8092 SW 115th Loop, Ocala, FL 34481
Date of First Legal Filing: 01/02/2013
Reason for Referral: Death
Thank You,

Default Management
Debbie Sims
Loan Skey: 69977

Statement Date: September 01 , 2016


5010 Unbar Drive, Suite 100
Nashville, TN 37211

Month Ending: August 31, 2016

Monthly Statement
Please note: You can access your account statements,
forms and other information online by registering for our
website which can be found at www.myrmloan.com.
Setting up online access is easy and will require you to
create a secure login and password allowing you to
access your loan information at any time.

04676
Estate of PENELOPE M GILLESPIE
8092 SW 115TH LOOP

OCALA, FL 34481

*** THIS IS NOT A BILL ***


r--

~ *.

Account Information - - - - - - - - - - - - -

Pay Plan Type:

Credit Line Set Aside Information

Line of Cred it

Original Credit Line:

$0.00
$0.00

Funded Date:

06/16/2008

Current Gross Credit Line:

Loan #:

68011002615899

Unsch. Credit Line Disb. Bal. (-):

Borrower:

PENELOPE M GILLESPIE

Property:

8092 SW 115TH LOOP

Net Credit Line Set Aside (=):

OCALA, FL 34481

,,-

Interest Rates

Monthly (1-Yr CMT)

Month

Index

August:

0.550 0k
0.530 0k

September:
October

(**) 0.590%

Margin

$0.00

* Modified Term or Modified Tenure only

-------------- r-

Interest Rate Type:

$0.00

Principal Limit Information

Original Principal Limit

Int. Rate

(Index+Margin)

$100,056.00

Current Principal Limit:

$121,965.76

Loan Balance (-):

$120,091.41

1.500 0k

2.050%

1.500%

2.030%

Repair Set Aside (-):

$0.00

1.500%

2.090%

First Year Set Aside (-):

$0.00

Credit Line Set Aside (-):

$0.00
$0.00

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.

Life Expectancy Set Aside Amt (-):

Servicing Fee Set Aside (-):

$3,389.18

($1,514.83)

Net Principal Limit (=):

Interest Rate Information:


Loan Periodic Rates:

ANNUAL PERCENTAGE RATE (APR):

2.850%

Mortgage Insurance Premium (MIP) Periodic Rates:

Monthly Periodic Rate on


Applicable Principal Balance:

MIP Monthly Periodic Rate on Applicable


0.171 % Principal Balance:

0.0420/0

Daily Periodic Rate on


Applicable Advances or
Payments:

MIP Daily Periodic Rate on Applicable


0.006% Advances or Payments:

0.001 %

Corresponding APR:

2.050% Corresponding APR:

0.500%

Interest (Finance Charge):


Periodic

Finance Charge:

$204.67

Notice of Changes in your Interest Rate on your Adjustable Rate Reverse Mortgage
On October 01,2016, the interest rate on your adjustable-rate Reverse Mortgage will increase from 2.0300/0 to 2.090%. Your present
interest rate was based on an index value of 0.530%. To determine your new interest rate, we added the current index value of 0.5900/0 as
of August 29, 2016 as published by the Federal Reserve Bank, to the agreed upon margin of 1.5000/0 for a total of 2.0900/0. This new rate
has not been rounded to the nearest 1/8th percent. The initial interest rate on your mortgage was 3.660%, which may not be increased
beyond 13.660 0k during the life of the mortgage.

*-Total Funds Available


Net Credit Line Set Aside + Net Principal Limit =

$0.00

If you have any questions or would like further information on your reverse mortgage, please call our Customer Service Department.

Loan Skey: 69977


Rep.Skey: 112

14405 Walters Rd., Suite 200, Houston, TX 77014


Phone (866) 503-5559 - Fax (866) 790-3451 - TTY/TDD (888) 827-6697

Page 1 of 4

R4tS

Statement Date: September 01, 2016

5010 Unbar Drive, Suite 100


Nashville, TN 37211

Month Ending: August 31, 2016

-.-..-..........-.....

ji;fJ'~H.~

Ye'ii' .,,JIl

Loan Balance Activity

Current Month

$119,806.82
$0.00

Previous Loan Balance


Loan Advance I Scheduled Payment (if applicable):
Loan Advance / Unscheduled Disbursements (if applicable):
Repair Set Aside Disbursements:
Taxes Paid:
Insurance Paid:
Other Property Charges:
Interest (Finance Charge):
MIP (Finance Charge): paid to HUD:
Monthly Servicing Fee (Finance Charge):
Change of Plan Fee/Misc. (Finance Charge):
~"
(:
Transaction Inlt'onma1UOrl):
Total Balance

$117,808.94
$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$204.67

$1,646.46

$49.92

$396.01

$30.00

$240.00

$0.00

$0.00

$0.00

$0.00

$284.59

fvity:

Closing Loan Balance as of August 31, 2016

$120,091.41

$120,091.41

$20.00

$1,757.50

* Corporate Advance (not part of Loan Balance):

Year To Date

Transaction Information
Principal
Advances

Interest

08/31/2016 08/31/2016 Monthly Interest, MIP Accrual & SF

$0.00

$204.67

08/15/2016 08/15/2016 Corp Adv - Prop Preserve - Prop


Inspect

$0.00

Grand Total:

$0.00

Transaction Effective
Date
Date

Transaction Description

MIP

* Corporate
Advance (not
part of Loan
Balance)

Servicing
Fee

Cumulative
Loan
Advances this
Month

$49.92

$30.00

$284.59

$0.00

$0.00

$0.00

$0.00

$284.59

$20.00

$204.67

$49.92

$30.00

$284.59 :

$2o.od

(Int) Interest - (MIP) Mortgage Insurance Premium - (SF) Servicing Fee - (Disb) Advance Disbursement - (Part Repay) Partial Repayment

Loan Skey: 69977


Rep.Skey: 112

14405 Walters Rd., Suite 200, Houston, TX 77014


Phone (866) 503-5559 - Fax (866) 790-3451 - TIV/TDD (888) 827-6697

Page 2 of 4

R4tS

Statement Date: September 01, 2016

5010 Unbar Drive, Suite 100


Nashville, TN 37211

Month Ending: August 31, 2016

---- .......

J'~_'tllli ~

.....

i-'

~Q:~.

V"

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 determine 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 after
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 month after
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 your
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. This
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 annual
interest paid due to a repayment exceeds $600, a separate IRS Form 1098 will be mailed to you by January 31st. 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, 14405 Walters Rd., Suite 200, Houston, TX 77014. 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 your rights.
In
1.
2.
3.

your letter, give us the following information:


Your name and loan number
The dollar amount of the suspected error
Describe the suspected error and explain, if you can, why you believe there is an error.

Loan Skey: 69977


Rep.Skey: 112

14405 Walters Rd., Suite 200, Houston, TX 77014


Phone (866) 503-5559 - Fax (866) 790-3451 - TTY/TOO (888) 827-6697

Page 3 of 4

RAts

.............

Statement Date: September 01, 2016

5010 Unbar Drive, Suite 100


Nashville, TN 37211

Month Ending: August 31,2016

l~.tl!lIIti

~
fl..j - .,.,1.

,"0\'-

We will acknowledge your letter within 30 days. Within 90 days, we will either correct the error or explain why we believe the monthly statement was correct.
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 interest
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 INFORMATION
Regular monthly installment payments are not required on this loan unless you have a repayment plan for a delinquent account. However, you have the
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 and
Payable". Payments may be made by check, money order or wired funds, payable in U.S. Dollars. Do not send cash. Payments must be nlailed to the
address listed on the bottom of this monthly statement. Payments are allocated as described in your Note.

Loan Skey: 69977


Rep.Skey: 112

14405 Walters Rd., Suite 200, Houston, TX 77014


Phone (866) 503-5559 - Fax (866) 790-3451 - TTY/TOO (888) 827-6697

Page 4 of 4

..,

'.'.

---/las
.......
JUliO'."

" J.~"~lmr~
... I' ,
.riI'4' ...

""

-~

"'

........., '. -

~,(~
-~"I~"""'.I

PAID

NEWCOURSE

.-....

'out.

'(I"lil'

5010 Unbar Drive, Suite 100

,_,~~~t~,~!~_!"~,- TN 37211

RETURN SERVICE REQUESTED


'04'676

Estate of PENELOPE M GILLESPIE


8092 SW 115TH LOOP
OCALA, FL 34481

*** TH
019349115

PRSRT

FIRST-CLASS MAIL

U.S. POSTAGE

"

J Ii

. _J~ ......r--'"""""",-,..,j,.4 ..

G2 FMITNP1 34481

,'lul"1' I 11111,'1,,"
J

'1'111 I') t ,1 111 II,Jh111111 1, J"

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tOO

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