Professional Documents
Culture Documents
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.
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
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
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)
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
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
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
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
STATE OF FLORIDA
COUNTY OF MARION
1111111111111111111111111111111111111111
)
) SS.:
)
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
I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,
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
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
(SEAL)
Angelica Cruz
NOTAR
My Commission EE067986
Expires 02127/2015
UBLIC
~(?JI(s2.
Lr0L
Print Na of Notary PublIc
Book6161/Page1845
CFN#2015009748
Page 2 of 2
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
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
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)
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
https://wwwapps.ups.com/WebTracking/processPOD?Requester=&tracknum=1Z64589FNW92116132&refNumbers=&loc=en_US
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09/15/2016
09/16/2016 9:44 A.M.
2701 HUTCHINSON MCDONALD ST
CHARLOTTE, NC, US 28202
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Dear Customer,
This notice serves as proof of delivery for the shipment listed below.
Tracking Number:
Service:
Weight:
Shipped/Billed On:
Delivered On:
Delivered To:
Received By:
1Z64589FNW91448946
UPS Next Day Air Saver
1.00 lb
09/15/2016
09/16/2016 10:29 A.M.
BANK OF AMERICA
1 BRYANT PARK
G
NEW YORK, NY, US 10036
RUTMAN
Left At:
Mail Room
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Bank of America
Page 1 of 1
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:
9/15/2016
Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Attach:
Subject:
9/15/2016
https://webforms.fec.gov/webforms/form2/final.htm
ACCEPTED FEC-1098470
The Candidate ID : P60022993
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)
FL
4. Par ty Affiliation
5. Office Sought
P60022993
3. Is This
Statement
34481
New
(N)
OR
Amended
(A)
Presidential
UN
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)
FL
Ocala
34481
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.
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
Neil J. Gillespie
8092 S.W. 115th Loop
Ocala, Florida 34481
By:
Civil (352) 620-3606 Emergency Management (352) 622-3205 Jail (352) 351-8077
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FEB 21 2006
pr=:,IC1?::,,:;,s... MAILED FROM ZIPCODE 34475
Admin #1010
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
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
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.
Postage
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Page 1 of 1
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2/17/2006
7022788272
ELIZABETH A BAUERLE
PENELOPE M GILLESPIE
10836 SW 85TH TER
OCALA, FL 34481-9719
Lender:
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:
$483.92
$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
Ocala FL 34481-9719
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
Drafting Schedule
monthly 9th
003441515737
063000047
rate and paylnent infoftnation. You can even update your address or phone number. It's yours 24 hours a day ~ 7
Contacting Us
..
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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
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
---.
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_-----------~------
"
ELIZABETH BAUERLE,
Plaintiff,
v.
CASE NO.:
Florida corporation,
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Defendants.
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VERIFIED COMPLAINT
Plaintiff, ELIZABETH BAUERLE, sues defendants, JIMMY O'NEIL FRANCIS and
VICKI
S.
3.
On or about 6 June 2004 the plaintiff paid for new carpeting at the
I ,3
checks of $1 ,325.60 and $900.00 and paid other bills of CROSSROADS in the amount of
In return for her cash contributions, FRANCIS told BAUERLE that they would
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.
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.
9.
not received the 50 shares promised to her by FRANCIS in consideration for her cash
contributions set out above.
----_._-._.__ .-
---_ ------------------_.-.-...
....
10_
On
27 July 2004,
of the defendant,
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.
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.
CROSSROADS and removed all of its inventory, equipment, and some fixtures from the
premises.
15.
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
17.
18.
FRANCIS induced plaintiff to pay him $29,500 cash and to pay for
19.
on the representations of FRANCIS that she would be a 50% owner of the enterprise, and
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.
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.
25.
Because
,/'
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.
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.
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
-------_...
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.
not received the 50 shares promised to her by FRANCIS in consideration for her cash
33.
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.
"_.
FRANCIS.
COUNT III
(Money Paid)
35.
36.
"
Jyn~ 2004 for money paid by BAUERLE to third parties for improvements an(outstandinv
(~iIlS ~wed
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~quest
BAUE~-';~he
of defendant, FRANCIS.
38.
..
_-_._-----._-~._----_._~
__._-_.-_._-_
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WHEREFORE, the plaintiff demands judgment for return of all sums paid to or on
Dated thid<t
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USA F. TRICK
MY COMMISSION It DO 309385
EXPIRES: April 11, 2008
Bor1dtd Thru Notary PulMic Und6lWrttar5
By:
t Settlement Statement
~;)
,.
B. Type of Loan
15. Loan Type
1090..690238
6.
File Number
7.
Loan Number
8.
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.
E.
F.
Name of Lender:
,
G.
H.
I.
Place of Settlement Address: 8444 Southwest 103rd Street Road, Ocala, FL 34481
63,000.00
63,000.00
449.40
104.
404.
105.
405.
108. Assessments
408. Assessments
19.77
110.
19.77
410.
111.
411.
112.
412.
113.
413.
114.
414.
115.
415.
63,469.17
63,019.77
500.00
204.
205.
206.
207.
208.
508.
209.
509.
5,361.86
35.33
212. Assessments
512. Assessments
213.
513.
214.
514.
215.
515.
216.
516.
217.
517.
218.
518.
219.
519.
535.33
63,469.11
535.33
62,933.84
41,525.47
537.28
35.33
EXHIBIT
j
:8
II
If
47,459.94
63,019.77
47,459.94
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
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Anent Charges
otal Sales/Broker's Commission based on price $63,000. 0 @ 6.0000% =$3780.00
Paid From
Borrower's
Funds at
Settlement
Paid From
Seller's
Funds at
Settlement
3,780.00
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
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
Loan No.
Final Statement
Settlement Date:
12/08/2004
Borrower Name &Address: Jacob L. Dykstra, Jeralyn K. Dykstra
Paid From
Borrower's
Funds at
Settlement
Paid From
Seller's
Funds at
Settlement
362.25
362.25
63,469.17
535.33
62,933.84
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
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
EXHIBIT
Is
The Plaintiff did not sue the only borrower, 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.
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)
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:
Tallahassee, FL 32399-1050
(850) 245-0140(o)
"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
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
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.
DEVAL LLC
Westpoint 1
Suite 300
1255 Corporate Drive
Irving, Texas 75038
9/26/2013
Default Management
Debbie Sims
Loan Skey: 69977
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
~ *.
Account Information - - - - - - - - - - - - -
Line of Cred it
$0.00
$0.00
Funded Date:
06/16/2008
Loan #:
68011002615899
Borrower:
PENELOPE M GILLESPIE
Property:
OCALA, FL 34481
,,-
Interest Rates
Month
Index
August:
0.550 0k
0.530 0k
September:
October
(**) 0.590%
Margin
$0.00
-------------- r-
$0.00
Int. Rate
(Index+Margin)
$100,056.00
$121,965.76
$120,091.41
1.500 0k
2.050%
1.500%
2.030%
$0.00
1.500%
2.090%
$0.00
$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.
$3,389.18
($1,514.83)
2.850%
0.0420/0
0.001 %
Corresponding APR:
0.500%
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.
$0.00
If you have any questions or would like further information on your reverse mortgage, please call our Customer Service Department.
Page 1 of 4
R4tS
-.-..-..........-.....
ji;fJ'~H.~
Ye'ii' .,,JIl
Current Month
$119,806.82
$0.00
$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:
$120,091.41
$120,091.41
$20.00
$1,757.50
Year To Date
Transaction Information
Principal
Advances
Interest
$0.00
$204.67
$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
Page 2 of 4
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Page 3 of 4
RAts
.............
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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.
Page 4 of 4
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