Bar Complaint Danielle Parsons

The Florida Bar
John F. Harkness, Jr.

Executive Director
Orlando Branch Office
The Gateway Center
1000 Legion Place, Suite 1625
Orlando, Florida 32801-1050
(407) 425-5424
www.FLORIDABAR.org
August 6, 2014
Via email only
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Re: Complaint of Neil J. Gillespie against Danielle Nicole Parsons
The Florida Bar File No. 2014-30,525 (09A)
Dear Mr. Gillespie:
This correspondence is to clarify the current status of this matter. The case has been referred to
the Ninth Judicial Circuit Grievance Committee 09A. The chair of the committee is Lisa M.
Acharekar. You will be notified in writing regarding the appointment of Investigating Members
for further investigation by the committee. The case has not been referred to the Attorney
Generals Office or the Office of the Statewide Prosecutor for investigation.
Thank you for your continued cooperation with this matter.
Sincerely,

Patricia Ann Toro Savitz
Bar Counsel
Cc: Barry R. Davidson, Counsel for Respondent- via email only
Lisa M. Acharekar, Chair- via email only

Neil Gillespie
From: "Rose M Prichnick" <RPrichnick@flabar.org>
To: <neilgillespie@mfi.net>
Cc: "Patti A. Savitz" <psavitz@flabar.org>; <lisa.acharekar@myfloridalegal.com>;
<bdavidson@hunton.com>
Sent: Wednesday, August 06, 2014 9:26 AM
Attach: Letter to Complainant.pdf
Subject: Complaint of Neil J . Gillespie against Danielle Nicole Parsons The Florida Bar File No. 2014-30,525
(09A)
Page 1of 1
8/6/2014
Letter to Complainant 08/05/2014

__________________________
Rose M. Prichnick
Legal Secretary
Lawyer Regulation
THE FLORIDA BAR

Phone: 407-425-5424, Ext. 4426
Fax: 407-841-5403
Email: rprichni@flabar.org
Web: http://www.floridabar.org

Please note: Florida has very broad public records laws. Many written communications to or from The Florida Bar
regarding Bar business may be considered public records, which must be made available to anyone upon
request. Your e-mail communications may therefore be subject to public disclosure.
TheFloridaBar
OrlandoBranchOffice
TheGatewayCenter
JohnF.Harkness,Jr.
ExecutiveDirector
1000LegionPlace,Suite1625
Orlando,Florida32801-1050
(407)425-5424
www.FLORIDABAR.org
July29,2014
Viaemailonlylisa.acharekar@myfloridalegal.com
LisaM. Acharekar,Chair
OfficeofStatewideProsecution
135W. CentralBlvdStet 1000
Orlando,FL32801-2437
Re: ComplaintbyNeilJ. GillespieagainstDanielleNicoleParsons
TheFloridaBarFileNo. 2014-30,525(9A)
DearMs. Acharekar:
This is to advise that the above-referenced matter has been forwarded to your committee for
furtherinvestigationanddisposition.
Thedocuments will soon beposted to the Grievance Committee Webpage for the Committee's
convenience. Asalways,ifIcanbeoffurtherassistance,pleasedonothesitateto contactme.
Sincerely,
PatriciaAnnToroSavitz
BarCounsel ,I.
PAS/rmp ~
cc: ~ r r y RodneyDavidson,viaemailonlybdavidson@hunton.com
\./NeilJ. Gillespie
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https://www.floridabar.org/DIVEXE/BD/CMStanding.nsf/WGRCommittees/13DEC9302442AC0485256EA700540637?OpenDocument
VIA Email Only: psavitz@flabar.org August 5, 2014
The Florida Bar
Re: Complaint of Neil J . Gillespie against Danielle Nicole Parsons
Dear Ms. Savitz:
I have and thank you for your letter J uly 29, 2014 referring my complaint to Lisa M. Acharekar,
Chair, Office of Statewide Prosecution. Unfortunately I do not understand referral to the Office
of Statewide Prosecution, which is apparently part of the Office of the Attorney General, and the
designation of Ms. Acharekar as Chair, which usually pertains to a Bar grievance committee.
A few of my past Bar complaints with other lawyers were referred to a Bar grievance committee,
which included a Chair, a designated reviewer (BOG member), and in one case Assistant State
Attorney Brian Kramer was appointed as an investigator, but Mr. Kramer appeared only as a
member of the grievance committee, and not in an official role as an Assistant State Attorney for
the State Attorney's Office for the Eighth J udicial Circuit. (2011-00,073(8B), Notice enclosed)
So I am confused, which is not a criticism of the process. In 2007 I self-referred the matter with
Mr. Rodems to Governor Charlie Crist, then Attorney General Bill McCollum. In 2010 I self-
referred the Rodems matter to AG McCollum, through the Office of Statewide Prosecution and
the 19th Statewide Grand J ury (SC09-1910) on public corruption, all to no avail. (enclosed)
I would appreciate any information you can provide that would assist me in understanding the
current referral to Ms. Acharekar, Chair, Office of Statewide Prosecution. It appears to be a Bar
grievance committee and Attorney General/Office of Statewide Prosecution combination which I
do not understand in the context of my Bar complaint against Ms. Parsons.
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
cc: Mr. Barry R. Davidson, Hunton & Williams LLP, via email to bdavidson@hunton.com
COpy
IN THESUPREMECOURTOFFLORIDA
(BeforeaGrievanceCommittee)
INRE: ComplaintbyNeilGillespie
AgainstRobertW. Bauer
TheFloridaBarFileNo. 2011-00,073(8B)
NOTICEOFASSIGNMENTOFINVESTIGATINGMEMBERAND/ORPANEL
,,/To:
NeilGillespie RobertW.Bauer
8092SW115thLoop 2815NW13thStreet,Suite200E
Ocala,FL 34481 Gainesville,FL 32609-2865
Tele: 352/375-5960
Receipt of a complaint on July 29, 2010, against respondent from the complainant is
acknowledged. Thecomplainthas been giventhe above file numberand is hereby assignedto
thefollowingmemberof thecommitteeforinvestigation:
Qf6L e. 0 f 1Vl.P 5:te-t-te 41+0('/\ e
I 2-0 ~ 0 ~ . U0 ,\I.e.. rs>'-1:;3 AvL
Noticeisgiventhatthiscasewillbeconsideredbythecommittee.
Respondentandcomplainantshallcontacttheinvestigatingmemberwithinten(10)daysfrom
thedateof thisnoticetodiscusstheinvestigationanddispositionof thiscomplaint.
DATEDthis J6 dayof NoiJR.('fIber ,2010.
~ ~ /
MelissaJayM u ~ ~ 7
EighthJudicialCircuitGrievanceCommittee"B"
Copiesfurnishedto:
1. JamesAGDaveyJr.,BarCounsel
2. J3,y;a. n \C..v&!YY'f( ,InvestigatingMember(withfile)
STATEOFFLORIDA
OfficeoftheGovernor
CitizenServices
THECAPITOL
TALLAHASSEE,FL 32399-000]
www.flgov.com
CHARLIECRIST
850-488-4441
GOVERNOR
850-487-0801 fax
November 21,2007
Mr. Neil Gillespie
8092 Southwest 115th Loop
Dear Mr. Gillespie:
Thank you for contacting Governor Charlie Crist. The Governor appreciates your
concerns about a law firm in Florida and asked me to respond on his behalf.
The Florida Constitution limits the Governor's intervention in matters that should be
resolved through the court system. Each state attorney is an elected official charged
with certain discretionary duties, including the duty to determine whether or not to
prosecute any particular crime committed within his or her jurisdiction. This decision is
based on the quality and quantity of the evidence of guilt shown, and in the best interest
of justice. I encourage you to work with the state attorney's office to resolve this
situation.
As you know, your best source of assistance with a complaint about an attorney is
the Florida Bar. The primary purpose of the Florida Bar is to ensure the highest
standards of professionalism in the practice of law for the benefit of members and the
public. I encourage you to continue working with the Florida Bar to resolve your
concerns. Complaints may be filed by writing the Florida Bar at 650 Apalachee
Parkway, Tallahassee, Florida 32399-2300 or by calling 1-800-342-8060.
I also encourage you to express your concerns to Attorney General Bill McCollum.
You can contact Attorney General McCollum by writing to the Office of the Attorney
General, The Capitol, Tallahassee, Florida 3'2399, or by calling (850) 4,14-3990.
Thank you again for contacting Governor Crist. The Governor hopes your concerns
can be resolved to your satisfaction.
Sincerely,

Cole Hoopingarner
Office of Citizen Services
CH/cas
BILL MCCOLLUM
ATTORNEY GENERAL
STATE OF FLORIDA
o
~ OF THE ATTORNEY GENERAL
The Capitol
Tallahassee, Florida 32399-1050
Telephone (850) 414-3990 , SunCom 994-3990
Fax (850) 410-1630, SunCom 210-1630
December 7, 2007
Mr. Neil 1. Gillespie
Dear Mr. Gillespie:
Thank you for contacting Attorney General Bill McCollum regarding Barker, Rodems & Cook, P.A.
and the allegation of perjury by Mr. Ryan Christopher Rodems.
The Attorney General's Office does not have jurisdiction in this matter. By contacting The Florida Bar
you have contacted the appropriate agency to review your concerns. The Florida Supreme Court has
designated The Florida Bar as the agency responsible for reviewing grievances against lawyers
licensed to practice in this state. The Florida Bar's decisions are not subject to the Attorney General's
authority.
As the Governor's Office suggested, and as you wish to file a criminal complaint regarding alleged
perjury, please contact the local law enforcement agency and state attorney's office where the criminal
violation occurred. In Florida, the local police or sheriffs department and the elected state attorney in
each judicial circuit are responsible for investigating and prosecuting crime at the local level. Those
authorities operate independently and are not a part of the Attorney General's Office. If you have not
already done so, you may contact the Hillsborough County Sheriffs Office and Thirteenth Judicial
Circuit State Attorney's Office at the following:
Hillsborough County Sheriffs Office
Post Office Box 3371
Tampa, Florida 33601
Phone: (813) 247-8000
Thirteenth Judicial Circuit State Attorney's Office
County Courthouse Annex, Fifth Floor
800 East Kennedy Boulevard
Phone: (813) 272-5400
Otherwise, please continue with your private attorney if you need any legal guidance. An attorney can
give you the legal advice which our office is not at liberty to provide to private individuals. We hope
this proves helpful to you. Thank you for contacting Attorney General McCollum's Office.
Sincerely,
OFFICE OF CITIZEN SERVICES
Florida Attorney General's Office
OCSlba
AN AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER
BILL McCOLLUM
ATTORNEY GENERAL
STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL
The Capitol
Telephone: (850) 414-3990
Fax: (850) 410-163
November 5, 2010
Mr. Neil J. Gillespie
Dear Mr. Gillespie:
Florida Attorney General Bill McCollum received your correspondence regarding the law firm of Barker,
Rodems & Cook, PA; William J. Cook; the Thirteenth Judicial Circuit Court; and the Honorable Martha
J. Cook.
Attorney General McCollum issued a statement (enclosed) on the Florida Supreme Court's order to
convene a statewide grand jury on public corruption. The Statewide Prosecutor will serve, by law, as the
statewide grand jury's counsel. As mentioned in the statement, our Statewide Prosecutor will work with
the Florida Department of Law Enforcement and Florida's state attorneys to identify investigations and
cases to bring before the statewide grand jury.
I am forwarding your correspondence to the Statewide Prosecution Office for review. However, due to
the confidential nature of investigations, the Statewide Prosecution Office is not at liberty to comment
further. We will keep your concerns under advisement.
I note that you have already contacted The Florida Bar which is the correct agency to file a complaint
regarding an attorney. The Florida Supreme Court designated The Florida Bar as the agency responsible
for reviewing grievances against lawyers licensed to practice in this state. Please continue working with
that agency for whatever assistance or information they may be able to provide to you.
Regarding judges, the Judicial Qualifications Commission (JQC) is the appropriate authority to review a
complaint involving judicial conduct. The JQC is an independent agency created by the Florida
Constitution solely to investigate alleged misconduct by Florida state judges. You may contact that
agency at:
Judicial Qualifications Commission
1110 Thomasville Road
Telephone: 850-488-1581
Mr.NeilJ. Gillespie
PageTwo
RegardingtheAmericanwithDisabilitiesActs(ADA)violationscomplaints,youmaycontact
theUnitedStatesDepartmentofJusticeat 1(800)514-0301.
Ifyouhavenotalreadydoneso,Ialsoencourageyouto conveyyourconcernsto Governor
CharlieCrist'sOfficeat:
OfficeoftheGovernor
TheCapitol
Tallahassee,Florida 32399-0001
Telephone: (850)488-4441
Website: http://www.flgov.com!
Thankyouforgivingustheopportunitytoreviewyourconcerns.
Sincerely,
FrancesBaker
OfficeofCitizenServices
Enclosure
cc: OfficeofStatewideProsecution
Tallahassee,Florida
----
.News Release - Attorney General: Statewide Grand Jury will Help Restore Trust in Gover... Page 1 of 1
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Today is October 18, 2010

AT'TORNEY GENERAL t{ FLORIDA
---.oi!!!!'!"!"'!!"!"!!!'!!!'!'!!!'!
I
HOME
AG Bill McCollum
----_.
Office Information
Programs and Units
Employment
Open Government
Crime and Fraud
---------.
Consumer Protection
Citizen Safety
_Vi_'ct_im_s'_S_e_rYI_ce_s
Bill McCollum
Attorney General Bill McCollum News Release
February 1, 2010 en Espano/
Media Contact: Ryan Wiggins
t!9 Print Version
Phone: (850) 245-0150
Attorney General: Statewide Grand Jury will Help Restore Trust in Government
TALLAHASSEE, FL - Attorney General Bill McCollum today issued the following statement on the
upcoming statewide grand jury on public corruption, which is scheduled to begin jury selection next week:
"Floridians should be able to be proud of the public officials who serve their state and their communities,
not ashamed of the latest scandal by someone in elected office. We absolutely should expect better of
those we have chosen to lead us.
''The grand jury will need to examine the blatant theft of public resources and, perhaps most importantly,
the illicit sources of influence upon public officials and how to lift the cloud of scandal that has been
1
AG Opinions present for far too long.
"Led by my Office of Statewide Prosecution and working cooperatively with the Florida Department of Law
Enforcement, as well as local law enforcement and Florida's state attorneys, the grand jury will work
toward restoring the public's trust in its government. I anticipate excellent work from these men and
women who will undertake this responsibility, and I know Florida will benefit greatly from their efforts."
Enter email address
The Statewide Grand Jury was convened by the Florida Supreme Court in early December to examine a
list of specific crimes including bribery, extortion, unlawful compensation for official behavior, corruption by
I SUbMl
it
J
Keep up W i 0 r latest threat against a public servant, official misconduct, falsifying records, and misuse of confidential
news and consumer information. The grand jury will be comprised of jurors summoned from the 11th, 15th, 17th and 20th
information: judicial circuits. The presiding judge will be the Honorable Victor Tobin, Chief Judge in and for the 17th
Judicial Circuit.
Additional information about the statewide grand jury, including a tip line to report public corruption at 1-
800-646-0444, is online at: http://myfloridalegal.com/19thstatewidegrandjury
udio Msg
Fraud Hotline
1-866-966-7226
OF
.WEsTERN

http://www.myfloridalegal.com/newsrel.nsf/newsreleases/A26DE7C27763DB94852576... 10118/2010
VIA Email Only: psavitz@flabar.org J une 20, 2014
The Florida Bar
Dear Ms. Savitz:
Please find attached two documents pertaining to the above captioned complaint.
I. Freedom of Information Act (FOIA) request for review J une 16, 2014 to,
Office of Regional Counsel
Department of Housing and Urban Development (HUD)
801 Cherry Street, Unit #45, Ste 2500
Fort Worth, Texas 76102
RE: FOIA Request 14-FI-RO6-01365 - 24 CFR Section 15.111
The FOIA request for review was delivered J une 18, 2014 to the Office of Regional Counsel, as
shown on the proof of delivery at the last page. The issues are summed up in two paragraphs:
The FOIA records I got from HUD are incomplete, and missing hundreds of pages of
documents, as set forth in my enclosed letter May 28, 2014 to Bill Tolbert/FOIA Liaison.
My home is in foreclosure, see Reverse Mortgage Solutions Inc. v. Neil J . Gillespie and
Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust, et al., Fifth J udicial
Circuit, Marion County Florida, Case 2013-CA-000115. However, it appears the
Plaintiffs counsel Danielle N. Parsons, Esq., McCalla Raymer LLC, did not have or file
J anuary 9, 2013 sufficient documents with the Verified Complaint to Foreclose Home
Equity Conversion Mortgage, but nonetheless swore to the Court that she did, thereby
violating the Florida Supreme Court Verification Rule, violating the Florida Rules of
Professional Conduct (end of this letter), and engaged in fraud on the court. (page 1)
Now it appears HUD does not have sufficient documents to foreclose. I take that to mean
the foreclosure is null and void. Therefore I request HUD provide me a clear title to my
property and forever abandon foreclosure efforts on this HECM. (page 3)
Reverse Mortgage Solutions, Inc. Annual Year-End Statement December 31, 2013
II. I gave Notice March 9, 2014 to Reverse Mortgage Solutions, Inc. (RMS) and Danielle N.
Parsons, Esq. McCalla Raymer, LLC, that the Annual Year-End Statement December 31, 2013
for Loan Number: 68011002615899, FHA Case Number: 091-4405741 is not correct.
Patricia Ann Toro Savitz J une 20, 2014
The Florida Bar Page - 2
Specifically, the year-end statement is wrongly addressed to my mother, a deceased person, and
does not accurately show the co-borrowers/mortgagors/homeowners. I requested but did not get
a response to the 23 page notice from any person or party shown below.
1. Reverse Mortgage Solutions, Inc. (RMS), and/or Susie Kerr, designated person knowledgeable
about servicing reverse mortgages (HUD reg.). UPS shows proof of delivery March 12, 2014.
2. Danielle N. Parsons, Esq., McCalla Raymer, LLC, served at MRService@mccallaraymer.com
Second rebuttal March 13, 2014 to Mr. Littelwood
My second rebuttal March 13, 2014 to Mr. Littelwood (attached), cc. Mr. Barry R. Davidson,
counsel for Ms. Parsons, requested of Mr. Davidson:
Currently RMS shows a total of $7,105.70 in Corporate Advances that a reasonable
person could conclude may be the same type of unlawful fees complained about in the
Hewitt case. [Hewitt vs. David J . Stern, class action FDUTPA damages)
Several days ago I requested from RMS detailed accounting for the attorney fees or
Corporate Advances shown in the 2013 Annual YE Statement. RMS did not provide a
detailed accounting for the attorney fees or Corporate Advances shown in the 2012
Annual YE Statement.
Perhaps Mr. Davidson did not previously know about the $7,105.70 in attorneys fees and
Corporate Advances. Fine. I request his assistance in getting a full accounting thereof.
My second rebuttal March 13, 2014 to Mr. Littelwood contained the 23 page RMS Notice, and,
Rebuttal letter to Mr. Littlewood, March 13, 2014, 4 pages
2012 RMS Annual Year-End Statement 5 pages
2013 RMS Annual Year-End Statement 5 pages
CFPB cannot pursue Congressional Inquiry 4 pages
Petition No. 13-1063 SCOTUS-certiorari-Mar-04-2014 55 pages
Paula Perez-Rodriguez v. The Bank of New York Mellon
I also wrote that I forwarded to Mr. Littlewood and Mr. Davidson email sent in my SCOTUS
Petition No. 13-7280 to,
Mr. J effrey Minear Mr. Ethan Torrey, Legal Counsel
Counselor to the Chief J ustice Supreme Court of the United States
that includes my letter March 5, 2014 to Chief J ustice J ohn Roberts discussing this and other
matters. Also attached to the email is my letter February 18, 2014 to Robin Ashton, OPR
Counsel, Office of Professional Responsibility, and J an Eliasson, Deputy Secretary-General,
Rule of Law Unit, UN Headquarters. (A second correction to that letter will follow).
The Department of J ustice Public Integrity Section referred me to the FBI for investigation of
public corruption in Florida. Please find attached my letter to J ames Comey, FBI Director, and
Michelle S. Klimt, Special Agent in Charge, J acksonville, Florida.
I got notice the next day that my email to Messrs. Minear and Torrey failed because e-mail
address you entered couldn't be found. I plan to try another email address today.
Ms. Savitz, please advise if you want me to forward email with those documents.
It does not appear that Susie Kerr is a real person.
On April 18, 2014 @3.25 PM, I called Reverse Mortgage Solutions, Inc. at phone number (866)
503-5559 to speak with Susie Kerr, the designated person knowledgeable about servicing reverse
mortgages per HUD regulations. It does not appear that Susie Kerr is a real person. Instead, I
spoke with Kendra at extension no. 2315, who refused to discuss the account.
Susie Kerr is alleged by RMS to be the HUD mandated Mortgage Contact Person, see page 2
of the 2013 RMS Annual Year-End Statement to Mortgagor Regarding Repayment:
Date: J anuary 07, 2014
Loan Number: 68011002615899
FHA Case Number: 091-4405741
In compliance with the Department of Housing and Urban Development regulations (HUD) for
FHA Insured Mortgages Reverse Mortgage Solutions, Inc. must provide you with the name of a
contact person, who is knowledgeable about servicing reverse mortgages. In order to comply
with this regulation Reverse Mortgage Solutions, Inc. is providing you the name of Susie Kerr,
who you may contact by calling our Customer Service department at the telephone number
located at the bottom of this page (or) you may email us at customerservice@myrmloan.com.
Please be advised that all of our customer service personnel who answer the telephone will be
able to help you with your inquiry.
2727 Spring Creek Drive, Spring, TX 77373
Phone (866) 503-5559 - Fax (866) 790-3451 - TTYITDD (888) 827-6697
III. Evidence of my authority to communicate with RMS is established by my recitals below
for the Estate of Penelope M. Gillespie, and as a HECM borrower and homeowner. RMS is the
entity that lacks authority and HECM loan documents to foreclose on my home.
Federal Housing Authority (FHA) Case Number: 091-4405741
Bank of America, N.A. (BofA) Account No.: 68011002615899
Reverse Mortgage Solutions, Inc. (RMS) Loan Number: 68011002615899
A. Recitals by Neil J . Gillespie for the Estate of Penelope M. Gillespie
Authority to communicate with RMS on Account 68011002615899
1. Penelope M. Gillespie died September 16, 2009. 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. J udge J ohn E. Steele in Tardif, Trustee (J ason Yerk) v.
PETA, USDC, SD Fla. Fort Myers Div. Case No. 2:09-cv-537-FtM-29SPC
1
.
2. Ms. Gillespie was the Grantor of a trust entitled: Gillespie Family Living Trust
Agreement dated February 10, 1997. (Trust).
3. The Trust avoided probate of the Estate of Penelope M. Gillespie.
4. Ms. Gillespies Social Security number is canceled.
5. I am a personal representative as defined by F.S. 198.01(2), of the Estate of Penelope
M. Gillespie. I deposited the decedents Last Will and Testament, and death certificate,
with the Clerk, Marion County Florida, File No. 42-0000-WF-022452-AXXX-XX.
6. The decedents Will declares me as one of three children in the third paragraph.

7. The decedents Will appoints me Personal Representative in the seventh paragraph, and
gives me full power and authority to do all acts which she might or could do if living,
I give to my Personal Representative at any time acting hereunder, full power and
authority to do all acts which I might or could do if living, including authority to sell
without order of court any real or personal property belonging to my estate and to settle
and compound any claims, either in favor of or against my estate, as to him/her shall seem
best for the purpose aforesaid, to execute any and all proper and necessary deeds,
conveyances, receipts and acquittances.
8. No Florida Estate Tax is due.
9. The decedent only left personal property exempt as provided by F.S. 732.402(2).
10. Mark Gillespie paid the final funeral bill September 18, 2009.
11. Bruce Morreale of H&R Block prepared the decedent's final federal tax return form 1040A.

1
Case 2:09-cv-00537-J ES-SPC Document 179 Filed 11/04/11 Page 14 of 31 PageID 6050
12. Mark Gillespie filed the final federal tax return April 10, 2010, and paid the final taxes
owed to the Internal Revenue Service.
13. All enforceable claims of the decedent's creditors have been paid.
14. There are no assets of the decedent left to transfer.
15. There is no reason to open administration of the estate.
16. No Letters of Testamentary are needed for the estate, and none will be obtained.
B. Recitals by Neil J . Gillespie, HECM borrower and Homeowner
Authority to communicate with RMS on Account 68011002615899
1. My name is Neil J . Gillespie. I am over 18 years old. I live at 8092 SW 115th Loop,
Ocala Florida 34481, Marion County, my primary residence, and homestead under Florida law.
2. The property described in paragraph one is owned by the Gillespie Family Living Trust
Agreement Dated February 10, 1997 (Trust). I have resided in the property continuously and
uninterruptedly since February 9, 2005. The legal description of the property is:
Lot(s) 1, Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the Public Records of
Marion County, Florida. Property address: 8092 SW 115th Loop, Ocala, FL 34481
3. I am an original borrower according to Assignment of Mortgage March 27, 2012 by
Bank of America to RMS. The Assignment shows three (3) original borrowers: (attached)
PENELOPE M. GILLESPIE, INDIVIDUALLY AND AS TRUSTEE NEIL J .
GILLESPIE AND MARK GILLESPIE, AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997
4. I attended a deposition J une 21, 2011 at the George E. Edgecomb Courthouse in Tampa
Florida. I brought documents demanded or subpoenaed by attorney Ryan Christopher Rodems,
including the Gillespie Family Living Trust Agreement dated February 10, 1997 (Trust), and
HECM reverse mortgage documents I signed as co-trustee of the Trust J une 5, 2008, acquired by
Bank of America, N.A. as Account No.: 68011002615899, including:
a. Home Equity Conversion Mortgage
b. Home Equity Conversion Second Mortgage
c. Adjustable Rate Note (Home Equity Conversion)
d. Adjustable Rate Second Note (Home Equity Conversion)
e. Home Equity Conversion Mortgage Federal Loan Closing Truth-In-Lending Statement
f. Trustees Affidavit - Refinance Transaction
g. Acceptance of Office by Co-Trustees
5. Mr. Rodems deposed me J une 21, 2011 and read the Trust and HECM reverse mortgage
documents before questioning me. The attached transcript sections show:
Transcript, J une 21, 2011, page 112:
9 Q Okay. I f I r ead t hi s cor r ect l y, Mr .
10 Gi l l espi e, t he bor r ower f or t hi s r ever se mor t gage
11 was Penel ope M. Gi l l espi e, Nei l J . Gi l l espi e, and
12 Mar k Gi l l espi e as co- t r ust ees of t he Gi l l espi e
13 Fami l y Li vi ng Tr ust , an agr eement dat ed Febr uar y 10,
14 1997. Cor r ect ?
15 A That ' s one way t o r ead i t . Bank of
16 Amer i ca doesn' t agr ee wi t h t hat .
17 Q And I ' l l r ead t he accel er at i on cl ause
18 about when t he debt becomes due. " The Lender may
19 r equi r e i mmedi at e payment i n f ul l of al l sums
20 secur ed by t he secur i t y i nt er est i f a bor r ower di es
21 and t he pr oper t y i s not t he pr i nci pal r esi dence of
22 at l east one sur vi vi ng bor r ower . "
9 Q Wel l , I guess t hat ' s an i ssue bet ween
10 Bank of Amer i ca and al l of you f ol ks, but i t sur e
11 does appear t o me t hat you' r e a bor r ower and you' r e
12 st i l l l i vi ng t her e, and t her e i s no accel er at i on of
13 t he debt . I s t hat your under st andi ng, Mr .
14 Gi l l espi e?
15 A That ' s what I ' ve been t ol d.
See attached the Declaration of Neil J . Gillespie, 28 U.S.C. 1746(2).
Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
cc: Mr. Barry R. Davidson, Hunton & Williams LLP, via email to bdavidson@hunton.com
RecordingRequestedBy:
BankofAmerica
PreparedBy: DianaDeAvila
888-603-9011
Whenrecordedmailto:
ReverseMortgageSolutions,Inc.
2727SpringCreekDrive
Spring,TX77373
~
DocID# 1266801100261589920032
PropertyAddress:
8092SW115THLOOP
OCALA,FL34481
FLO-AM 18001254 3/2712012 ThisspaceforRecorder'suse
ASSIGNMENTOFMORTGAGE
ForValueReceived,theundersignedholderofaMortgage(herein"Assignor")whoseaddressis 190QUEENANNE,
NORTHSUITE100SEATTLE,WA 98109doesherebygrant, sell, assign, transferand conveyuntoREVERSE
MORTGAGESOLUTIONS,INC.,whoseaddressis 2727SPRINGCREEKDRIVE, SPRING,TX 77373all
beneficialinterestunderthatcertainMortgagedescribedbelowtogetherwiththenote(s)and obligationstherein
describedandthemoneydueandtobecomeduethereonwithinterestandall rightsaccruedortoaccrueundersaid
Mortgage,
Original Lender: LIBERTYREVERSEMORTGAGE,INC.
OriginalBorrower(s): PENELOPEM. GILLESPIE,INDIVIDUALLYANDASTRUSTEENEILJ.
GILLESPIEANDMARKGILLESPIE,ASCO-TRUSTEESOFTHEGILLESPIE
FAMILYLIVINGTRUSTAGREEMENTDATEDFEBRUARY10, 1997
DateofMortgage: 6/5/2008
OriginalLoanAmount: $198,000.00
Recordedin MarionCounty,FLon:6/25/2008, bookOR05057,page1670andinstrumentnumber2008065289
INW T N ~ ~ S Yo!tQ::REOF, theundersignedhascausedthisAssignmentofMortgagetobeexecutedon
MAR Z'/ ZOlZ
Assistant Vice President
By L2:0G
Dominique JobnsoD
~
Witness: C_hest __B_1L_9_'V_i"_g_S__
Witness: Edward Gallegos
StateofCalifornia
CountyofVentura
On MAR 27 2012 beforeme,
appeared Jane Martorana
JjJ)jan JEllison
and
,No4U"Y Public,perso
O6mlnlqUe Johnson
nally
,whoproved
tomeonthe basisof satisfactoryevidencetobetheperson(s)whosename(s) is/aresubscribedto thewithin
instrumentandacknowledgedtomethathelshelthey executedthe samein hislher/theirauthorizedcapacity(ies),
andthatby hislher/theirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfof whichtheperson
(s)acted,executedtheinstrument.
I certifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoing
paragraphis trueandcorrect.
NotaryPu c: Lillian J. Ellison

LILLIAN J. ELLISON
C(lIMIIllion It 11256\7
. ~ Public -Cllltornit
, los Angele. County. ..
M Comm. Ex 'res Mar 13. 2015
MyCommissionExpires: Ma!ch 13, 2015
2
Declaration of Neil J . Gillespie 28 U.S.C. 1746(2)
1. My name is Neil J . Gillespie. I am over 18 years old. I live at 8092 SW 115th Loop,
Ocala Florida 34481, Marion County, my primary residence, and homestead under Florida law.
2. I attended a deposition J une 21, 2011 at the George E. Edgecomb Courthouse in Tampa
Florida. I brought documents demanded or subpoenaed by attorney Ryan Christopher Rodems,
including the Gillespie Family Living Trust Agreement dated February 10, 1997 (Trust), and
HECM reverse mortgage documents I signed as co-trustee of the Trust J une 5, 2008, acquired by
Bank of America, N.A. as Account No.: 68011002615899, including:
b. Home Equity Conversion Second Mortgage
d. Adjustable Rate Second Note (Home Equity Conversion)
e. Home Equity Conversion Mortgage Federal Loan Closing Truth-In-Lending Statement
f. Trustees Affidavit - Refinance Transaction
g. Acceptance of Office by Co-Trustees
3. Mr. Rodems deposed me J une 21, 2011 and read the Trust and HECM reverse mortgage
documents before questioning me. The attached transcript sections show:
9 Q Okay. I f I r ead t hi s cor r ect l y, Mr .
14 1997. Cor r ect ?
15 A That ' s one way t o r ead i t . Bank of
17 Q And I ' l l r ead t he accel er at i on cl ause
14 Gi l l espi e?
Declaration of Neil J . Gillespie 28 U.S.C. 1746(2)
Page 2 of 2
4. Transcript pages 112 and 113, the cover page, and appearances, index and exhibits page,
are attached as a six-page transcript composite, including Notice of original transcript filed in
U.S. District Court, Ocala, Case 5:10-cv-00503-WTH-TBS Document 47 Filed 09/09/11.
5. On information and belief, the application of legal rules and principles to a specific set of
facts is almost always held to constitute legal advice. http://en.wikipedia.org/wiki/Legal_advice
I declare under penalty of perjury that the foregoing is true and correct. [28 U.S.C. 1746(2)].
Executed on J une 19, 2014 by Neil J . Gillespie.
NEIL J . GILLESPIE
8092 SW 115th Loop
Telephone: 352-854-7807
1
1""\
",,'
IN THE CIRCUIT COURT
OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
GENERAL CIVIL DIVISION
NEIL J. GILLESPIE,
Plaintiff/Counter-Defendant,
CASE NO.: 05-CA-7205
vs.
BARKER, RODEMS & COOK,
a Florida corporation;
J. COOK,
DIVISION:
P.A.,
WILLIAM
G
Defendants/Counter-Plaintiffs.
----------------_/
DEPOSITION OF: NEIL J. GILLESPIE
TAKEN BY: Counsel for Defendants/
Counter-Plaintiffs
DATE: June 21, 2011
TIME: 10:38 a.m. to 3:02 p.m.
PLACE: Hillsborough County Courthouse
Fifth Floor
800 East Twiggs Street
Tampa, Florida
REPORTED BY: Kimberly Himes
Notary Public
State of Florida at Large
ORIGINAL
RICHARD LEE REPORTING
(813) 229-1588
TAMPA: email: rlr@richardleereporting.com ST. PETERSBURG:
100 North Tampa Street, Suite 2060 535 Central Avenue
Tampa, Florida 33602 St. Petersburg, Florida 3370 I
2
APPEARANCES:
EUGENE P. CASTAGLIUOLO, ESQUIRE
Castagliuolo Law Group, P.A.
3111 West Dr. Martin Luther King Boulevard
Tampa Bay Park, LakePointe 2, Suite 100
Appeared for Plaintiff/Counter-Defendant;
RYAN CHRISTOPHER RODEMS, ESQUIRE
Barker, Rodems & Cook, P.A.
Suite 2100
400 North Ashley Drive
Appeared for Defendants/Counter-Plaintiffs.
ALSO PRESENT:
Deputies of Hillsborough County Sheriff's Office
Honorable James D. Arnold
PAGE
Examination by Mr. Rodems
DESCRIPTION PAGE
1 Notice of Filing, dated 7/29/10 17
2 Plaintiff's Motion to Disqualify Judge
re: Judge James Barton 47
3 Emergency Motion
Martha J. Cook
to Disqualify Judge
47
4 Revocable Inter Vivos Trust
(Retained by Gillespie)
Agreement
66
5 Affidavit and Inventory of Personal
Property of Neil J. Gillespie and
Designated Exemptions, May 16, 2011 90
6 Notice of Compliance 96
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
112
,
think might be?
A (Tendering documents.)
Q All right. You're handing me a series of
papers that are clipped together, and the front page
has an exhibit sticker with the number 20 on it.
Tell me what this package of papers is.
A Well, that would be 20 of your questions,
which apparently has to do with real estate.
Q Okay. If I read this correctly, Mr.
Gillespie, the borrower for this reverse mortgage
was Penelope M. Gillespie, Neil J. Gillespie, and
Mark Gillespie as co-trustees of the Gillespie
Family Living Trust, an agreement dated February 10,
1997. Correct?
A That's one way to read it. Bank of
America doesn't agree with that.
Q And I'll read the acceleration clause
about when the debt becomes due. "The Lender may
require immediate payment in full of all sums
secured by the security interest if a borrower dies
and the property is not the principal residence of
at least one surviving borrower."
MR. CASTAGLIUOLO: Where are you,
Mr. Rodems?
MR. RODEMS: Page -- in the Adjustable
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
113

Rate Home Equity Conversion Second Mortgage,
and I believe I am reading from --
MR. CASTAGLIUOLO: There are little,
tiny page numbers down on the bottom on the
left.
MR. RODEMS: Yeah. Paragraph 9 at Page
3.
BY MR. RODEMS:
Q Well, I guess that's an issue between
Bank of America and all of you folks, but it sure
does appear to me that you're a borrower and you're
still living there, and there is no acceleration of
the debt. Is that your understanding, Mr.
Gillespie?
A That's what I've been told.
Q Okay. And so this would be responsive to
Paragraph 20 of the documents to be produced,
correct, and that's why you put 20 on there?
A Yes.
Q And it may also be responsive to Number
2. Correct?
A Possibly.
Q Okay. Are there any other documents that
you believe may be responsive to Paragraph 2, which
requests documents -- that you've received from the
Case 5:10-cv-00503-WTH-TBS Document 47 Filed 09/09/11 Page 1 of 2 PageID 1411
SUBJ ECT: Freedom of Information Act (FOIA) request for review J une 16, 2014
RE: FOIA Request 14-FI-RO6-01365 - 24 CFR Section 15.111
VIA UPS No. 1Z64589F0296593896
Office of Regional Counsel
Department of Housing and Urban Development (HUD)
801 Cherry Street, Unit #45, Ste 2500
Fort Worth, Texas 76102
RE: FOIA Request 14-FI-RO6-01365
U.S. Department of Housing and Urban Affairs (HUD), HECM reverse mortgage
Home Equity Conversion Mortgage (HECM), 12 USC 1715z20; 24 CFR Part 206
Federal Housing Authority (FHA) Case Number: 091-4405741
Bank of America, N.A. (BofA) Account No.: 68011002615899
Reverse Mortgage Solutions, Inc. (RMS) Loan Number: 68011002615899
Dear Office of Regional Counsel:
The FOIA records I got from HUD are incomplete, and missing hundreds of pages of documents,
as set forth in my enclosed letter May 28, 2014 to Bill Tolbert/FOIA Liaison. My home is in
foreclosure, see Reverse Mortgage Solutions Inc. v. Neil J . Gillespie and Mark Gillespie as Co-
Trustees of the Gillespie Family Living Trust, et al., Fifth J udicial Circuit, Marion County
Florida, Case 2013-CA-000115. However, it appears the Plaintiffs counsel Danielle N. Parsons,
Esq., McCalla Raymer LLC, did not have or file J anuary 9, 2013 sufficient documents with the
Verified Complaint to Foreclose Home Equity Conversion Mortgage, but nonetheless swore to
the Court that she did, thereby violating the Florida Supreme Court Verification Rule, violating
the Florida Rules of Professional Conduct (end of this letter), and engaged in fraud on the court.
Florida Supreme Court Verification Rule
The Florida Supreme Court [SC09-1460] amended Rule 1.110(b) to require verification of
mortgage foreclosure complaints involving residential real property. In re Amendments to the
Florida Rules of Civil Procedure, 44 So.3d 555, 556 (Fla. 2010):
First, rule 1.110(b) is amended to require verification of mortgage foreclosure complaints
involving residential real property. The primary purposes of this amendment are (1) to
provide incentive for the plaintiff to appropriately investigate and verify its ownership of
the note or right to enforce the note and ensure that the allegations in the complaint are
accurate; (2) to conserve judicial resources that are currently being wasted on
inappropriately pleaded .lost note. counts and inconsistent allegations; (3) to prevent the
wasting of judicial resources and harm to defendants resulting from suits brought by
plaintiffs not entitled to enforce the note; and (4) to give trial courts greater authority to
sanction plaintiffs who make false allegations.
See also In re Amendments to the Fla. Rules of Civil ProcedureForm 1.996 (Final J udgment of
Foreclosure), 51 So.3d 1140, 114041 (Fla.2010) (In light of recent reports of alleged document
fraud and forgery in mortgage foreclosure cases, this new requirement is particularly important.).
RE: FOIA Request 14-FI-RO6-01365 - 24 CFR Section 15.111 Page - 2
Rule 1.110(b), Florida Rule of Civil Procedure, and section 92.525, Florida Statutes (2011),
govern verification. Rule 1.110(b) provides, in pertinent part, as follows:
When filing an action for foreclosure of a mortgage on residential real property the
complaint shall be verified. When verification of a document is required, the document
filed shall include an oath, affirmation, or the following statement:
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
Section 92.525 Florida Statutes provides, in pertinent part, as follows:
(1) When it is authorized or required by law, by rule of an administrative agency, or by
rule or order of court that a document be verified by a person, the verification may be
accomplished in the following manner:
(a) Under oath or affirmation taken or administered before an officer authorized
under s. 92.50 to administer oaths; or
(b) By the signing of the written declaration prescribed in subsection (2).
(2) A written declaration means the following statement: Under penalties of perjury, I
declare that I have read the foregoing [document] and that the facts stated in it are true,
followed by the signature of the person making the declaration, except when a
verification on information or belief is permitted by law, in which case the words to the
best of my knowledge and belief may be added. The written declaration shall be printed
or typed at the end of or immediately below the document being verified and above the
signature of the person making the declaration.
Fraud on the Court
Section 837.06, Florida Statutes, governs False official statements.
837.06 False official statements.Whoever knowingly makes a false statement in
writing with the intent to mislead a public servant in the performance of his or her official
duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
Persons who falsely verified the Verified Complaint
Plaintiffs counsel, Danielle N. Parsons, Esq. Fla. Bar No.: 0029364
McCalla Raymer LLC, 225 E. Robinson St. Suite 660, Orlando, FL 32801
Debbie Sims, Vice President, Reverse Mortgage Solutions, Inc. (RMS),
2727 Spring Creek Drive, Spring, TX 77373
The matter is currently under investigation by The Florida Bar, File No. 2014-30,525 (09A).
Now it appears HUD does not have sufficient documents to foreclose. I take that to mean the
foreclosure is null and void. Therefore I request HUD provide me a clear title to my property and
forever abandon foreclosure efforts on this HECM.
1. Enclosed you will find my original FOIA request submitted April 16, 2014
2. FOIA Response letter May 23, 2014 from Bill Tolbert/FOIA Liaison
3. My letter May 28, 2014 to Bill Tolbert/FOIA Liaison
4. My letter May 28, 2014 to Shaun Donovan, Secretary, HUD
Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop Telephone: 352-854-7807
Ocala, Florida 34481 Email: neilgillespie@mfi.net Enclosures
Florida Rules of Professional Conduct, as described in The Florida Bar Informational Packet,
Candor Before The Tribunal, Oath of Admission to The Florida Bar, Creed of Professionalism.
An attorney is an officer of the Court; conduct is subject to judicial supervision and scrutiny:
Attorney is an officer of the court and an essential component of the administration of
justice, and, as such, his conduct is subject to judicial supervision and scrutiny. State ex
rel. Florida Bar v. Evans, 94 So.2d 730 (1957).
The lawyer's duty not to assist witnesses, including the lawyer's own client, in offering false
evidence stems from the Rules of Professional Conduct, Florida statutes, and caselaw.
Rule 4-1.2(d) prohibits the lawyer from assisting a client in conduct that the lawyer
knows or reasonably should know is criminal or fraudulent.
Rule 4-3.4(b) prohibits a lawyer from fabricating evidence or assisting a witness to testify
falsely.
Rule 4-8.4(a) prohibits the lawyer from violating the Rules of Professional Conduct or
knowingly assisting another to do so.
Rule 4-8.4(b) prohibits a lawyer from committing a criminal act that reflects adversely on
the lawyer's honesty, trustworthiness, or fitness as a lawyer.
Rule 4-8.4(c) prohibits a lawyer from engaging in conduct involving dishonesty, fraud,
deceit, or misrepresentation.
Rule 4-8.4(d) prohibits a lawyer from engaging in conduct that is prejudicial to the
administration of justice.
Rule 4-1.6(b) requires a lawyer to reveal information to the extent the lawyer reasonably
believes necessary to prevent a client from committing a crime.
This rule, 4-3.3(a)(2), requires a lawyer to reveal a material fact to the tribunal when
disclosure is necessary to avoid assisting a criminal or fraudulent act by the client, and 4-
3.3(a)(4) prohibits a lawyer from offering false evidence and requires the lawyer to take
reasonable remedial measures when false material evidence has been offered.
Rule 4-1.16 prohibits a lawyer from representing a client if the representation will result
in a violation of the Rules of Professional Conduct or law and permits the lawyer to
withdraw from representation if the client persists in a course of action that the lawyer
reasonably believes is criminal or fraudulent or repugnant or imprudent. Rule 4-1.16(c)
recognizes that notwithstanding good cause for terminating representation of a client, a
lawyer is obliged to continue representation if so ordered by a tribunal.
Florida caselaw prohibits lawyers from presenting false testimony or evidence. Kneale v.
Williams, 30 So. 2d 284 (Fla. 1947), states that perpetration of a fraud is outside the scope of the
professional duty of an attorney and no privilege attaches to communication between an attorney
and a client with respect to transactions constituting the making of a false claim or the
perpetration of a fraud. Dodd v. The Florida Bar, 118 So. 2d 17 (Fla. 1960), reminds us that "the
courts are . . . dependent on members of the bar to . . . present the true facts of each cause . . . to
enable the judge or the jury to [decide the facts] to which the law may be applied. When an
attorney . . . allows false testimony . . . [the attorney] . . . makes it impossible for the scales [of
justice] to balance." See The Fla. Bar v. Agar, 394 So. 2d 405 (Fla. 1981), and The Fla. Bar v.
Simons, 391 So. 2d 684 (Fla. 1980). To permit or assist a client or other witness to testify falsely
is prohibited by F.S. 837.02 which makes perjury in an official proceeding a felony, and by
F.S. 777.011 which proscribes aiding, abetting, or counseling commission of a felony.
Oath of Admission to The Florida Bar
http://www.floridabar.org/tfb/TFBProfess.nsf/93534de21ecc6a7285257002004837a3/04e9eb581
538255a85256b2f006ccd7d!OpenDocument
The general principles which should ever control the lawyer in the practice of the legal
profession are clearly set forth in the following oath of admission to the Bar, which the lawyer is
sworn on admission to obey and for the willful violation to which disbarment may be had.
"I do solemnly swear:
"I will support the Constitution of the United States and the Constitution of the State of Florida;
"I will maintain the respect due to courts of justice and judicial officers;
"I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor
any defense except such as I believe to be honestly debatable under the law of the land;
"I will employ for the purpose of maintaining the causes confided to me such means only as are
consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice
or false statement of fact or law;
"I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept
no compensation in connection with their business except from them or with their knowledge
and approval;
"To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court,
but also in all written and oral communications;
"I will abstain from all offensive personality and advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which I am
charged;
"I will never reject, from any consideration personal to myself, the cause of the defenseless or
oppressed, or delay anyone's cause for lucre or malice. So help me God."
(NOTE: This form may NOT be used for admission purposes. You must obtain the official form
from the Florida Board of Bar Examiners for admission.)
[Revised: 06-25-2013]
Creed Of Professionalism
http://www.floridabar.org/tfb/TFBProfess.nsf/93534de21ecc6a7285257002004837a3/88fd206dc
9a3e91185256b2f006ccd88!OpenDocument
I revere the law, the judicial system, and the legal profession and will at all times in my
professional and private lives uphold the dignity and esteem of each.
I will further my profession's devotion to public service and to the public good.
I will strictly adhere to the spirit as well as the letter of my profession's code of ethics, to the
extent that the law permits and will at all times be guided by a fundamental sense of honor,
integrity, and fair play.
I will not knowingly misstate, distort, or improperly exaggerate any fact or opinion and will not
improperly permit my silence or inaction to mislead anyone.
I will conduct myself to assure the just, speedy and inexpensive determination of every action
and resolution of every controversy.
I will abstain from all rude, disruptive, disrespectful, and abusive behavior and will at all times
act with dignity, decency, and courtesy.
I will respect the time and commitments of others.
I will be diligent and punctual in communicating with others and in fulfilling commitments.
I will exercise independent judgment and will not be governed by a client's ill will or deceit.
My word is my bond.
The Florida Bar Informational Packet, Candor Before The Tribunal
http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/0F161F3B5030FE0485256B290
04BEEDD/$FILE/candor%20packet.pdf?OpenElement
Fax - FOIA - Privacy Act Request
From: Neil J. Gillespie - Requester Account Username: HECM4me
8092 SW 115
th
Loop
Ocala, FL 34481
Telephone: (352) 854-7807
To: U.S. Department of Housing and Urban Development, Freedom
of Information Act Office
Fax : (202) 619-8365
Dat e: April 16, 2014
Pages: two (2), including this page
Re: Freedom of Information Act-Privacy Act request, CFPB #140304-000750
The accompanying letter of Martin Michalosky, CFPB FOIA Manager, states in relevant part:
During the review of documents responsive to your request, it was determined that the U.S.
Department of Housing and Urban Development (HUD) could possibly have additional
documents responsive to you request.
Kindly provide the documents referred to by Mr. Michalosky under FOIA/Privacy Act for CFPB -
Consumer Financial Protection Bureau Case Number 140304-000750, and/or the earlier CFPB Case
Number 120914-000082; and any other documents pertaining to a Home Equity Conversion
Mortgage or HECM Reverse Mortgage, a.k.a. Bank of America Account No.: 68011002615899.
I request that a copy of contents of the file in the above be provided to me, and request any fees be
removed since this a personal request, not a commercial request. I am disabled, indigent, and my
home is in foreclosure. TIME IS OF THE ESSENCE. A copy of my Florida drivers license is shown
below for identification. You may email the information or records in PDF to neilgillespie@mfi.net.
Neil J. Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
cf
RE: FOIARequest#CFPB-2014-156-P
April 1,2014
Mr. Neil O"illespie
8092SW115thLoop
DearMr. Gillespie:
This letteris in fmal responsetoyourPrivacyAct(PA) requestdatedMarch25,2014.Your
request sought a copyof contents of your file, case number 140304-000750.
Attachedtothis letter,pleasefmd ourresponsetoyourrequest,which consistsof 6pagesthatare
grantedin full. Nodeletions orexemptions have beenclaimed ontheserecords.
Duringthereviewof documentsresponsive toyourrequest, it wasdetermined thattheU.S.
Departmentof HousingandUrbanDevelopment (HUD)couldpossibly have additiol1al
documentsresponsive toyourequest. Shouldyouwish tocontacttheHUD,theiraddressis:
U.S. Departmentof Housingand UrbanDevelopment
Freedomof InformationActOffice
451 7thStreet,SW, Room10139
Washington, DC20410-3000
Provisions of the FOIA allow us to recover partof the costof complying with your request. In
this instance, wehavewaived all fees relatedtotheprocessingof yourrequest. Therefore, your
fee waiver is moot.
Forquestionsconcerning ourresponse,please feel free tocontactCFPB'sFOIAService Center
byemail atFOIA@cfpb.gov orbytelephoneat 1-855-444-FOIA(3642).
Sincerely,
1 1 l ~
MartinMichalosky
FOIAManager
OperationsDivision
consurnerfinance.gov
VIA Email to william.tolbert@hud.gov May 28, 2014
Bill Tolbert/FOIA Liaison
Senior Management Analyst
Office of the Field Office Director
HUD Oklahoma City Field Office
301 NW 6
th
Street, Suite 200
Oklahoma City, OK 73102
Tel. 405-609-8461, Fax. 405-609-8982
Dear Mr. Tolbert,
Thank you for your response.
Unfortunately the records provided are missing hundreds of pages documents.
1. On May 13, 2014 I make but did not get a response to a records request to Deidra J enkins
HUD FOIA Specialist:
Kindly identify the person designated to accept service of legal process for Shaun Donovan,
Secretary, U.S. Department of Housing and Urban Development (HUD). Provide the address
where the designated person may be served legal process for Secretary Donovan.
Kindly provide a legible copy of the oath of office for the following:
Shaun Donovan, Secretary, U.S. Department of Housing and Urban Development (HUD)
Deidra J enkins, Deidra.D.J enkins@hud.gov, FOIA Specialist, U.S. Department of Housing and
Urban Development (HUD), Office of the Executive Secretariat
Benjamin Shultz, benjamin.shultz@usdoj.gov, Department of J ustice Attorney for HUD
Michael Raab, michael.raab@usdoj.gov, Department of J ustice Attorney for HUD
2. Your response does not show my 227 page complaint to HUD. On August 9, 2012 I made
a written complaint to HUDs Atlanta Homeownership Center pursuant to the complaint
procedure set forth in the HUD Reverse Mortgage Handbook 7610.01, Section 4-19. My
complaint was 227 pages, with a CD recording of the 2008 HECM telephone counseling.
The index to Appendix 1 and Appendix 2 are attached showing individual missing documents.
HUD Complaint August 9, 2012 by Neil J . Gillespie, twenty-five (25) pages
Exhibit A, a two page Notice of Default and Intend to Foreclose
Exhibit B, CD audio recording of the April 22, 2008 HECM telephone counseling
Separate Volume Appendix 1, Exhibits 1-21 (108 pages)
Separate Volume Appendix 2, Exhibits 22-42 (92 pages)
3. You provided a one-page assignment of mortgage (a poor quality copy) that is missing
the Direct Endorsement Allonge and other transfer documentation.
Bill Tolbert/HUD FOIA Liaison May 28, 2014
HUD Senior Management Analyst Page -2
On J une 3, 2008 - two days before the loan closed - Liberty Reverse Mortgage somehow sold a
nonexistent HECM Note and HECM Mortgage to Bank of America. Libertys J essica Yee also
made a Direct Endorsement Allonge - without recourse - May 29, 2008 that predates execution
of the Note by a week. The Direct Endorsement Allonge was made Pay To The Order Of: Bank
of America, N.A., a National Banking Association. The Allonge became a permanent part of
said Note on May 29, 2008:
For purposes of further endorsement of the following described Note, this Allonge is
affixed and becomes a permanent part of said Note on May 29, 2008.
On May 29, 2008 a Note did not exist. The Allonge has a fatal defect that vitiates the Note,
making it unenforceable. The Allonge was made Without Recourse to Bank of America, N.A.,
and thus without recourse against the property. This defective chain of custody is fatal and
vitiates the Assignment of Mortgage executed by BofA to the Plaintiff March 27, 2012.
4. Other documents missing. The [first] Home Equity Conversion Mortgage is missing. The
[first] Adjustable Rate Note (Home Equity Conversion) is missing. This is a list of the Home
Equity Conversion Mortgage documents that I signed J une 5, 2008. All are missing except the
second mortgage and second note that you provided.
b. Home Equity Conversion Second Mortgage [provided]
d. Adjustable Rate Second Note (Home Equity Conversion) [provided]
e. Home Equity Conversion Mortgage Federal Loan Closing Truth-In-Lending
Disclosure Statement
f. Florida Department of Revenue Return for Transfers of Interest in Real Property
g. Trustees Affidavit - Refinance Transaction
h. Acceptance of Office by Co-Trustees
5. During the course of litigation, I provided documents to HUDs counsel in the US
Attorneys Office in Tampa. None of those documents were provided. Initially an incorrect
referral to HUD Miami got some of the documents, but that was remedied.
When can I expect a full response to my FOIA? Thank you in advanced for a response.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
Email: neilgillespie@mfi.net enclosures
APPENDIX I
Gillespie Complaint to HUD, August 9, 2012
U.S. Department of Housing and Urban Development (HUD)
RE: Reverse Mortgage Solutions, acct./loan no. 68011002615899
Exhibit 1 Assignment of Mortgage to Reverse Mortgage Solutions, Mar-27-2012
Exhibit 2 Assignment of Deed to Bank of America, J un-03-2008 (unlawful)
Exhibit 3 Notice of Assignment, Sale or Transfer, Servicing Rights, J un-03-2008 (unlawful)
Exhibit 4 Direct Endorsement Allonge, to Bank of America, May 29, 2008 (unlawful)
Exhibit 5 Residential Loan Application for HECM Reverse Mortgage, J une 5, 2008
Exhibit 6 Financial Title Company, Borrower's Escrow Instructions, May 28, 2008
Exhibit 7 Residential Loan Application for HECM Reverse Mortgage, April 25, 2008
Exhibit 8 Park Ave. Bank, Liz Baize letter with documents to Neil Gillespie
Exhibit 9 HECM First Mortgage, J une 5, 2008, WITHOUT interlineation
Exhibit 10 HECM Second Mortgage, J une 5, 2008, WITHOUT interlineation
Exhibit 11 HECM First Note, J une 5, 2008
Exhibit 12 HECM Second Note, J une 5, 2008
Exhibit 13 Quit-Claim Deed, J une 5, 2008
Exhibit 14 Certificate of HECM Counseling package, Susan Gray-CCCS-MMI, Apr-23-2008
Exhibit 15 Certificate of HECM Counseling, signed, April 25, 2008
Exhibit 16 The Reverse Mortgage Analyst, April 25, 2008
Exhibit 17 Liberty Rev. Mort, Re-disclosed Calculations, May 16, 2008
Exhibit 18 The Reverse Mortgage Analyst, J une 5, 2008
Exhibit 19 Financial Title Co., Buyers-Borrower's Closing Statement, FINAL, May-29-2008
Exhibit 20 HUD Buyers-Borrowers Closing Statement, Faxed, Fatima Pacheco, May 28, 2008
Exhibit 21 Richard T. Kwiatkowski, business card, Have Seal - Will Travel, LLC.
APPENDIX II
Gillespie Complaint to HUD, August 9, 2012
RE: Reverse Mortgage Solutions, acct./loan no. 68011002615899
Exhibit 22 HUD final settlement statement, HECM, J une 5, 2008
Exhibit 23 Email from Liz Baize, Park Ave Bank, problem with documents, J une 10, 2008
Exhibit 24 HECM Notice of Right to Cancel, J une 5, 2008
Exhibit 25 Fax to RMS, dispute the delinquency and foreclosure, J une 19, 2012
Exhibit 26 Bank Failure, Geoorgia Dept. Banking closed Park Ave. Bank, April 29, 2011
Exhibit 27 FDIC, receiver for Park Ave. Bank, April 29, 2011
Exhibit 28 FDIC, Park Ave. Bank, Consent, 09-084-WA/RB-HC-SM, J uly 14, 2009
Exhibit 29 San J ose Business J ournal, Financial Title Shuts Down, J uly 30, 2008
Exhibit 30 Genworth lures Liberty Reverse Mortgage with $50 million, J uly 29, 2007
Exhibit 31 Durable Power of Attorney, Neil Gillespie, February 21, 2006
Exhibit 32 HECM Mortgage, with INTERLINEATION
Exhibit 33 HECM Second Mortgage, with INTERLINEATION
Exhibit 34 Tom DeBeauchamp, BofA FedEX label, J anuary 15, 2009
Exhibit 35 Negative growth reimbursement check, $38.89, J anuary 6, 2009
Exhibit 36 Reimbursement check, $133.38 J anuary 6, 2009
Exhibit 37 Letter, Karen Yantis, BofA, RE: Negative Growth, J anuary 14, 2009
Exhibit 38 Liberty Reverse Mortgage, Fla. Div. Corp., 2008 Annual Report
Exhibit 39 Liberty Reverse Mortgage, Fla. Div. Corp., 2008 name change to Genworth
Exhibit 40 HUD: $1 BILLION TO BE PAID BY THE BANK OF AMERICA
Exhibit 41 HUD Rev. Mortgage Handbook, B.10 Reviewing Clients Level of Understanding
Exhibit 42 General Allegations, HUD, breach of Fiduciary Duty, Predatory Lending
VIA UPS No. 1Z64589FNW91507926 May 28, 2014
Shaun Donovan, Secretary
451 7th Street S.W.
Washington, DC 20410
RE: Reverse Mortgage Solutions, Inc. v. Neil J . Gillespie, Co-Trustee, et al.
U.S. Court of Appeals for the Eleventh Circuit, no. 13-11585-B
District Court no: 5:13-cv-00058-WTH-PRL, removed from Marion County Florida
Marion County Florida, Fifth J udicial Circuit, no. 42-2013CA-000115-AXXX-XX
Consumer Financial Protection Bureau (CFPB) Case No. 120914-000082; 140304-000750
RE: FOIA Request 14-FI-RO6-01365
Dear Secretary Donovan:
The enclosed letter from the Consumer Financial Protection Bureau (CFPB) to Senator Marco
Rubio March 24, 2014 in CFPB Case No. 140304-000750 states, we have forwarded Neil
Gillespies complaint information to the HUD to provide assistance. When can I expect
assistance from HUD, Secretary Donovan? A ruling J an-04, 2013 in Bennett v. Donovan held,
HUD itself has the capability to provide complete relief to the lenders and mortgagors alike,
which eliminates the uncertainty of third-party action that would otherwise block standing.
I am one of three (3) original borrowers, along with my deceased mother Penelope Gillespie, and
brother Mark Gillespie, on a Home Equity Conversion Mortgage (HECM) in foreclosure. The
Plaintiff Reverse Mortgage Solutions (RMS) alleges the death of Penelope Gillespie September
16, 2009 is grounds to accelerate the debt. But I am a surviving borrower living in the home.
Enclosed is my Motion to Reconsider, Vacate or Modify Order, Appeal No. 13-11585-B, US
Eleventh Circuit Court of Appeals. The Courts Order J uly 25, 2013 that states in relevant part:
"Should Gillespie wish to petition for mandamus relief, he may file a separate petition for a
writ of mandamus or prohibition with this Court. See 28 U.S.C. 1651; Fed.R.App.P.21".
I request HUD grant relief as allowed in Bennett v. Donovan for the issues in my motion.
HUD contends Penelope Gillespie is the only borrower, but unfortunately she lacked capacity to
make a HECM due to Alzheimers dementia, and immediate cause of death. A New York court
voided a reverse mortgage for borrowers incapacity. Matter of Doar (Brunson) 2009 NY Slip
Op 29549 [28 Misc 3d 759]. Therefore HUD should void the mortgage because the mortgagee
had knowledge of the mortgagors incapacity and was not a bonefide mortgage for value.
HUD is free to take any action or no action. I believe the issues in my Motion to Reconsider,
Vacate or Modify Order will state a cause of action and ultimately prevail.
Shaun Donovan, Secretary May 28, 2014
U.S. Department of Housing and Urban Development (HUD) Page -2
A ruling in Santos rejected definition of borrower as only natural persons acting individually.
Isabel Santos, individually & trustee, et al. v RMS, 12-3296-SC, USDC, ND Cal.
The district courts Order Remanding Case (Doc. 19) holds on page 4, footnote 1,
This Order should not be interpreted as a ruling concerning whether, or to what extent, Mr.
Gillespie can sue HUD in a separate action. Rather, this Order is limited to whether the Court
has subject matter jurisdiction over the specific action that has been removed to this Court.
The US Supreme Court denied review Petition No. 13-7290. Denial is not a judgment on the merits.
In CFPB Case No. 120914-000082, Bank of America Customer Advocate Christopher Pickle
perpetrated a fraud on the CFPB with this false information: Laws that govern customer privacy
prevent us from providing you with details about any relationship we may have with any
customer without first obtaining the written consent of such customer. This falsehood was then
wrongly incorporated into the CFPB closeout letter, copy enclosed.
Apparently the Consumer Financial Protection Bureau does not know that 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).
Apparently U.S. Senator Marco Rubio does not know that privacy laws do not protect the
privacy of dead people either. Enclosed letters from Bank of Americas Anthony Boney dated
March 12, 2014 and March 19, 2014 to Sen. Rubio also wrongly invoke privacy for the dead.
[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 the Court in Tardif, Trustee (J ason Yerk) v. PETA, USDC, SD
Fla. Fort Myers Div. Case No. 2:09-cv-537-FtM-29SPC
HUD has not adequately responded to FOIA Request 14-FI-RO6-01365, see enclosed my letter
to Bill Tolbert/FOIA Liaison. Felicia J ones is n/a. When can I expect to receive all the records?
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop Telephone: 352-854-7807
Ocala, Florida 34481 Email: neilgillespie@mfi.net Enclosures
7280
The Florida Bar
www.floridabar.org
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Via email to psavitz@flabar.org May 23, 2014
The Florida Bar, Orlando Branch
Dear Ms. Savitz:
Thank you for your letter of April 8, 2014, copy attached. This is an interim response.
Concerning pending litigation you wrote,
Further, both the complainant and the respondent are directed to notify this office, in
writing, of any pending civil, criminal, or administrative litigation which pertains to this
grievance. Please note that this is a continuing obligation should new litigation develop
during the pendency of this matter. If you have any questions or comments, please do not
hesitate to contact me.
I am gathering this substantial information and will submit it to you shortly. I had planned to do
so today, but am delayed in part for time needed to review 422 pages of documents just received
in response to a FOIA request to the Consumer Financial Protection Bureau. A PDF letter from
Martin Michalosky, FOIA Manager, Operations Division, is attached.
My complaint for Ms. Parsons contains information about pending litigation, which is not
acknowledged your letter. Counsel for Ms. Parsons, Mr. Davidson, if he submitted a response to
the above, did not provide a copy to me. In any event, there is a lot more to report.
As you may be aware, Orlando UPL Counsel Ms. Coaxum opened a UPL investigation of me,
with some allegations pertaining to the foreclosure of my Home Equity Conversion Mortgage or
HECM reverse mortgage and subject of this grievance. So I assume the UPL investigation of me
is an administrative action that pertains to this grievance. Two days ago I supplemented my UPL
response to Ms. Coaxum, which is forwarded below.
The UPL investigation of Yolanda I. Martinez is an administrative action pertaining to this
grievance, No. 20143031(9A). A member of The Florida Bar is responsible for the work of a
paralegal. Rule 10-2.1(b). Ms. Parsons is the attorney responsible for supervising Ms. Martinez.
Your letter of April 8, 2014 requested contact by the U.S. Mail,
Please send all correspondence in this matter, referencing the above case number to the
attention of the undersigned, by U.S. Mail....
Patricia Ann Toro Savitz May 23, 2014
The Florida Bar, Orlando Branch Page - 2
This is a request for an exception to allow UPS instead of U.S. Mail. Unless there is a legal
requirement to use the U.S. Mail, I ask that an exception be granted on the following basis.
First, I have an account with UPS that allows me to ship at times when I otherwise do not have
sufficient funds to ship through the U.S. Mail, which requires cash payment in advance. I keep a
few postage stamps around for ordinary one ounce letters not needing a signature. Otherwise I
ship by UPS, which is next day in Florida (except when shipped on Friday). The UPS online
shipping portal is disability-friendly. In my view the U.S. Postal Service online portal is not.
Second, see my response to Ms. Coaxum for another issue with the post office.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Telephone: 352-854-7807
cc: Mr. Barry R. Davidson via email to bdavidson@hunton.com
TheFloridaBar
OrlandoBranchOffice
TheGatewayCenter
JohnF.Harkness,Jr.
ExecutiveDirector
(407)425-5424
www.FLORIDABAR.org
April 8, 2014
Viaemailonlyatbdavidson@hunton.colTI
BarryRodneyDavidson
CounselforRespondent
BarclaysFinancialCenter
1111 BrickellAve. FI 25
Miami,FL33131-3101
Re: Complaintof NeilJ. GillespieagainstDanielleNicoleParsons
TheFloridaBarFileNo. 2014-30,525 (09A)
DearMr. Davidson:
PleasebeadvisedthatthiscasewasrecentlytransferredtotheOrlandoBranchOfficeof The
FloridaBar. Pleasesendall correspondenceinthismatter,referencingtheabovecasenumberto
theattentionoftheundersigned,byu.s.Mailatthefollowingaddress:
TheFloridaBar
1000LegionPlace, Suite 1625
Further,boththecomplainantandtherespondentaredirectedtonotifythisoffice,inwriting,of
anypendingcivil,criminal,oradministrativelitigationwhichpertainsto thisgrievance. Please
notethatthisisacontinuingobligationshouldnewlitigationdevelopduringthependencyofthis
lTIatter. Ifyouhaveanyquestionsorcomments,pleasedonot11esitateto contactme.
Sincerely,
. ~ . --- ...
~
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BarCounsel
PAS/rmp
cc: NeilJ. Gillespie,complainant
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. . ORLANDO, FL 32801-1050
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MAILED FROM ZIP CODE 32801
Visit our website: www.FLORIDABAR.org
Mr. Nei 1J. Gillespie
8092 Sw 115Th Loop
Ocala, FL 34481
34481355792
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RE: FOIA Request #CFPB-2014-182-F-P
May 23,2014
Mr. Neil Gillespie
8092 SW 115th Loop
Dear Mr. Gillespie:
This letter is in fmal response to your Freedom oflnfornlation Act (FOIA)/Privacy Act (PA)
request dated April 28, 2014 to the Consumer Financial Protection Bureau (CFPB). Your request
sought a copy of contents of tIle file in case no. 120914-000082.
On May 9, 2013, my office received the death certificate for your mother, Penelope Gillespie and
3
rd
party release authorization from your brother, Mark Gillespie. Upon receiving these
documents, we were able to initiate a search for records responsive to your request.
Attached to this letter, please fmd our response to your request, which consists of 422 pages that
are granted in full. As a matter of administrative discretion, I have determined that they are
appropriate for public release. No deletions or exemptions have been claimed on these records.
Provisions of the FOIA allow us to recover part of the cost of complying with your request. In
this instance, we have waived all fees related to the processing of your request. Therefore, your
fee waiver is moot.
For questions concerning our response, please feel free to contact CFPB's FOIA Service Center
by email at FOIA@cfpb.gov or by telephone at 1-855-444-FOIA (3642).
Sincerely,
~
Martin Michalosky
FOIA Manager
Operations Division
consurnerfinarlce,gov
TheFloridaBar
OrlandoBranchOffice
TheGatewayCenter
JohnF.Harkness,Jr.
ExecutiveDirector
(407)425-5424
www.FLORIDABAR.org
April 8, 2014
Viaemailonlyatbdavidson@hunton.colTI
BarryRodneyDavidson
CounselforRespondent
1111 BrickellAve. FI 25
Miami,FL33131-3101
Re: Complaintof NeilJ. GillespieagainstDanielleNicoleParsons
DearMr. Davidson:
PleasebeadvisedthatthiscasewasrecentlytransferredtotheOrlandoBranchOfficeof The
FloridaBar. Pleasesendall correspondenceinthismatter,referencingtheabovecasenumberto
theattentionoftheundersigned,byu.s.Mailatthefollowingaddress:
TheFloridaBar
1000LegionPlace, Suite 1625
Further,boththecomplainantandtherespondentaredirectedtonotifythisoffice,inwriting,of
anypendingcivil,criminal,oradministrativelitigationwhichpertainsto thisgrievance. Please
notethatthisisacontinuingobligationshouldnewlitigationdevelopduringthependencyofthis
lTIatter. Ifyouhaveanyquestionsorcomments,pleasedonot11esitateto contactme.
Sincerely,
. ~ . --- ...
~
of:. " I .
I ~
BarCounsel
PAS/rmp
cc: NeilJ. Gillespie,complainant
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THE FLORIDA BAR

'.........,
- , i 1000 LEGION PLACE, SUITE 1625
5
-.-.PITNEY BOWES

. . ORLANDO, FL 32801-1050
,1 02 1P $ 000.48
.. '
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Mr. Nei 1J. Gillespie
8092 Sw 115Th Loop
Ocala, FL 34481
34481355792
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651EASTJEFFERSONSTREET
JOHNF.HARKNESS,JR. TALLAHASSEE,FL 32399-2300 850/561-5600
EXECUTIVEDIRECTOR WWW.FLORIDABAR.ORG
March28,2014
Mr. BarryRodneyDavidson
1111 BrickellAveFI 25
Miami,FL33131-3101
DearMr. Davidson:
Theabove- referencedmatterhasbeenforwardedtoTheFloridaBar'sOrlandoBranchOfficefor
consideration. YoumayexpecttohearfromBarCounsel(inthatoffice)inthenearfuture.
Sincerely,
TheodoreP. LittlewoodJr.,BarCounsel
AttorneyConsumerAssistanceProgram
ACAPHotline866-352-0707
cc: Mr.NeilJ. Gillespie
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03/2812014
651 EAST JEFFERSON STREET
$00.48
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Visit our web site: www.FLORIDABAR.org
8092 S.W. 115th Loop
Ocala, FL 34481
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Via Email only to tlittlew@flabar.org March 13, 2014
Theodore P. Littlewood J r., Bar Counsel
Attorney Consumer Assistance Program
The Florida Bar
651 East J efferson Street
Tallahassee, FL 32399-2300
RE: Danielle Nicole Parsons, The Florida Bar File No. 2014-30,525 (9A)
Dear Mr. Littlewood,
This is my rebuttal to Mr. Davidsons response dated March 10, 2014. Ms. Parsons and McCalla
Raymer represent plaintiff Reverse Mortgage Solutions, Inc. (RMS)
In 2012 RMS charged $1,130.00 in Corporate Advances including $965 in attorneys fees, shown
on page 2 of the RMS 2012 Annual Year End Statement, copy attached.
08/29/12 Corp Adv - S306 - Attorney Fees $965.00
10/09/12 Corp Adv - Prop Preserve - Prop In $40.00
12/24/12 Corp Adv - S306 - Other $125.00
Grand Total of Corporate Advances $1,130
In 2013 RMS charged $5,975.70 in Corporate Advances including $3,132.50 in attorneys fees,
and $2,493.70 in other Corporate Advances shown on page 2 of the RMS 2013 Annual Year End
Statement, copy attached.
03/19/13 Corp Adv - S307 - Other $2,493.70
03/19/13 Corp Adv - S307- Recording Fees $29.50
08/20/13 Corp Adv - S306 - Attorney Fees $3,132.50
12/10/13 Corp Adv - Prop Preserve - Prop In $320.00
Grand Total of Corporate Advances: $5,975.70
Currently RMS shows $4,097.50 in charges for attorneys fees for 2012 & 2013, and $2,618.70
for other Corporate Advances for 2012 & 2013, but has not provided an accounting of the
attorneys fees or Corporate Advances, which amount to $6,716.20 for both.
Also, RMS shows $320 for Prop Preserve - Prop In 12/10/13, and $40 for Prop Preserve -
Prop In 10/09/12, for a combined total of $360. There is a recording fee of $29.50 03/19/13.
Currently RMS shows a total of $7,105.70 in Corporate Advances that a reasonable person could
conclude may be the same type of unlawful fees complained about in the Hewitt case.
Several days ago I requested from RMS detailed accounting for the attorney fees or Corporate
Advances shown in the 2013 Annual YE Statement. RMS did not provide a detailed accounting
for the attorney fees or Corporate Advances shown in the 2012 Annual YE Statement.
Theodore P. Littlewood J r., Bar Counsel March 13, 2014
Attorney Consumer Assistance Program Page - 2
Perhaps Mr. Davidson did not previously know about the $7,105.70 in attorneys fees and
Corporate Advances. Fine. I request his assistance in getting a full accounting thereof.
As Mr. Davidson noted, In Hewitt, the alleged unfair and deceptive practice was charging
mortgagors expenses and fees that were not incurred, were unreasonable, excessive, were in
excess of the amount incurred, or were for services which were not performed.
So it is imperative to get a full accounting of the $7,105.70 in attorneys fees and Corporate
Advances to see if Hewitt is applicable in this matter.
Concerning fictitious party practice, if state law conflicts with federal law, federal law will
ultimately prevail under the Supremacy Clause.
The Supremacy Clause is the provision in Article Six of the United States Constitution,
Clause 2, that establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the
supreme law of the land." The text provides that these are the highest form of law in the
U.S. legal system, and mandates that all state judges must follow federal law when a
conflict arises between federal law and either the state constitution or state law of any
state. http://en.wikipedia.org/wiki/Supremacy_Clause
I notified Ms. Parsons and Susie Kerr/RMS shown in the attached letter dated March 9, 2014 that
HUD, the lender, and lender-affiliated parties engaged in mortgage fraud, inter alia, and
concocted a scheme to wrongly sell a HECM reverse mortgage to my Mother who was not
competent due to Alzheimers dementia. In furtherance of mortgage fraud, HUD, the lender,
and/or lender-affiliated parties had me and Mark Gillespie added to the quit-claim deed along
with Ms. Gillespie, and used misstatements, misrepresentations, and omissions to get me and my
brother to sign HECM loan documents as co-trustees for the Gillespie Family Living Trust, part
of a scheme to wrongly sell Ms. Gillespie the reverse mortgage. This is an example but not
exhaustive of the wrongdoing in this case. See Motion to Reconsider, Vacate or Modify Order,
Eleventh Circuit Appeal No. 13-11585-B, on Scribd, http://www.scribd.com/doc/151468209/
The attached notification to Ms. Parsons and Susie Kerr/RMS shows the Consumer Financial
Protection Bureau (CFPB) notified me March 4, 2014 that Gina Alonso, Constituent Services
Representative, Office of United States Senator Marco Rubio, opened CFPB Case number
140304-000750 on information I submitted February 24, 2014. The CFPB email states, We
received your submission from the Congress and will review it as soon as possible to determine
if it involves a Federal consumer financial law within our authority.
On March 10, 2014 the CFPB emailed me, After reviewing your complaint, it appears the
Consumer Financial Protection Bureau cannot pursue the issue you described. The Department
of Housing and Urban Development (HUD) may be able to address this issue... see attached.
My petition for rehearing of an order denying Petition No. 13-7280 was denied March 10, 2014.
Unfortunately documents in my petitions do not appear on the Courts computer system, and this
suggests fraud or impairment of my petitions. I am forwarding each of you my email sent to,
Mr. J effrey Minear
Counselor to the Chief J ustice
Mr. Ethan Torrey, Legal Counsel
Supreme Court of the United States
that includes my letter March 5, 2014 to Chief J ustice J ohn Roberts discussing this and other
matters. Also attached to the email is my letter February 18, 2014 to Robin Ashton, OPR
Counsel, Office of Professional Responsibility, and J an Eliasson, Deputy Secretary-General,
Rule of Law Unit, UN Headquarters. (A second correction to that letter will follow).
The Department of J ustice Public Integrity Section referred me to the FBI for investigation of
public corruption in Florida. Please find attached my letter to J ames Comey, FBI Director, and
Michelle S. Klimt, Special Agent in Charge, J acksonville, Florida.
I got notice the next day that my email to Messrs. Minear and Torrey failed because e-mail
address you entered couldn't be found. I plan to try another email address today.
See attached Petition No. 13-1063 for writ of certiorari to the U.S. Supreme Court filed March 4,
2014, Paula Perez-Rodriguez v. The Bank of New York Mellon, et al., response due April 7,
2014 http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-1063.htm
QUESTION PRESENTED FOR REVIEW
Whether borrowers have the right under the Due Process Clause of the Fourteenth
Amendment to contest residential foreclosures that use the same fraudulent
documentation numerous branches of the federal government and 49 state Attorneys
General condemned and prohibited through various multibillion dollar settlements?
CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED
The Fourteenth Amendment to the United States Constitution provides in relevant part:
No state shall make or enforce any law which shall abridge the privileges . . . of citizens of
the United States; nor shall any state deprive any person of . . . property, without due process
of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Rule 1.110(b) of the Florida Rules of Civil Procedure, as amended in 2010, provides:
When filing an action for foreclosure of a mortgage on residential real property the
complaint shall be verified. When verification of a document is required, the document
filed shall include an oath, affirmation, or the following statement: Under penalty of
perjury, I declare that I have read the foregoing, and the facts alleged therein are true
and correct to the best of my knowledge and belief.
My ethics/UPL complaints to The Florida Bar shows Ms. Parsons and McCalla Raymer LLC,
violated Rule 1.110(b), and engaged in foreclosure fraud against me, as part of a tag-team with
paralegal Yolanda Martinez, and Debbie Simms, Vice President of foreclosure plaintiff Reverse
Mortgage Solutions, and federal judicial officers. Mr. Davidson blames scriveners errors that
resulted in no prejudice whatsoever to me in the foreclosure action but my complaint shows I
was prejudiced, and the record in federal court, case no. 5:13-cv-00058, shows I was prejudiced.
I plan to follow-up with the FBI regarding mortgage fraud, and foreclosure fraud.
Regarding Ms. Parsons waiver submitted while McCalla Raymer LLC was inactive for
administrative dissolution for Annual Report, I will defer to the FBI on that matter for now.
Regarding Mr. Davidsons statement,
With respect to any other claims Mr. Gillespie may allege in the future, I note that Ms.
Parsons is protected from liability by the litigation privilege, which extends to all causes
of action, including both common-law torts and statutory causes of action. Levin,
Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A. v. US. Fire Ins. Co., 639 So. 2d
606, 608 (Fla. 1994) (holding that any act occurring during the course of a judicial
proceeding enjoys "absolute immunity"); see also Echevarria, McCalla, Raymer, Barrett
& Frappier v. Cole, 950 So. 2d 380, 384 (Fla. 2007) (holding that the litigation privilege
extends to all causes of action, including statutory causes of action).
it is unclear if he contends that Ms. Parsons is immune from criminal prosecution on criminal
statutes, such as F.S. 837.06 False official statements, or F.S. 817.535 Unlawful filing of
false documents or records against real or personal property. I will make a separate complaint to
the FBI and see what response I get, including a response on the absolute immunity issue.
Please advise if this email response is sufficient, or if you require paper documents. Thank you.
Under penalties of perjury, I declare that the foregoing facts are true, correct and complete.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala Florida 34481
Telephone: 352-854-7807
Attachments; cc email only: Mr. Barry R. Davidson @ bdavidson@hunton.com
ANNUALYEAR-ENDSTATEMENT
YearEnding: December31,2012
StatementDate: January26, 2013
056518
PENELOPEMGILLESPIE
8092SW115THLOOP
OCALAFL34481
Account Information
Borrower: PENELOPE MGILLESPIE
Loan Number: 6.8011002616e+013
PropertyAddress: 8092SW115THLOOP, OCALA, FL 34481
BorrowerSocial SecurityNumber: 180-24-0035
Summary ofTransactions
Beginning Loan BalanceasofJanuary1,2012:$107,286.99
LoanAdvance/Scheduled Payment(ifapplicable): $0.00
Loan Advance/Unscheduled Disbursements(ifapplicable): $20.00
TotalPrincipalAmountPaidtoMortgagor/Borrower:$20.00
RepairSetAsideDisbursements: $0.00
Taxes Paid and addedto mortgagebalance: $0.00
InsurancePaidandaddedto mortgagebalance: $0.00
Interest(FinanceCharge)AccruedforYearand addedto mortgagebalance: $1,362.50
MIP(FinanceCharge)paidto HUDand chargedto mortgage/borrower- addedto loan balance: $405.77
MonthlyServicing Fee(FinanceCharge)and addedto mortgagebalance: $270.00
ChangeofPlan Fee/Misc. (FinanceCharge)and addedto mortgagebalance: $0.00
Repaymentsmadebyoron behalfofmortgagor/borrower: $0.00
TOTALACTIVITY $2,058.27
Total orOutstanding MortgageLoan BalanceasofDecember31,2012: $109,345.26
CurrentPrincipal Limit: $112,339.50
*NetPrincipal Limit: ($911.70)
*TOTALFUNDSAVAILABLEfrom LineofCredit(ifapplicable): $0.00
2727SpringCreekDrive, Spring,TX 77373
Phone(866)503-5559- Fax(866)790-3451 - TTYITDD(866)827-6697
Loan SKEY: 69977
Page 1of5
TRANSACTIONINFORMATION
Transaction
Date
Effective
Date
TransactionDescription Principal
Amount
Interest
Amount
MIP
Amount
Servicing
FeeAmount
04/03/12 03/31/12 Loan Setup- InitFee (MIP/PMI) $0.00 $0.00 $2,640.00 $0.00
04/03/12 03/31/12 Loan Setup- Advances(Principal) $93,390.30 $0.00 $0.00 $0.00
04/03/12 03/31/12 Loan Setup- MIP/PMI Balance $0.00 $0.00 $1,972.12 $0.00
04/03/12 03/31/12 Loan Setup- Service Fee $0.00 $0.00 $0.00 $1,410.00
04/03/12 03/31/12 Loan Setup- InterestBalance $0.00 $7,874.57 $0.00 $0.00
04/30/12 04/30/12 MonthlyIntiMIP/PMIAccrual&SF $0.00 $144.84 $44.70 $30.00
05/31/12 05/31/12 MonthlyIntiMIP/PMIAccrual &SF $0.00 $149.61 $44.79 $30.00
06/06/12 06/06/12 Disb- PropChrg Pre D&P- Inspect $20.00 $0.00 $0.00 $0.00
06/30/12 06/30/12 MonthlyIntiMIP/PMIAccrual&SF $0.00 $150.84 $44.90 $30.00
GRANDTOTALofTransactions: $93,410.30 $9,237.07 $5,017.89 $1,680.00
CorporateAdvanceTRANSACTIONINFORMATION
Transaction Effective TransactionDescription CorpAdv
Date Date Amount
08/29/12 08/29/12 CorpAdv- S306- AttorneyFees $965.00
10/09/12 10/09/12 CorpAdv- Prop Preserve- Prop In $40.00
12/24/12 12/24/12 CorpAdv- S306- Other $125.00
GRANDTOTALofCorporateAdvances:
$1,130.00
LoanSKEY: 69977 Page2of5
ANNUALDISCLOSURENOTICETOMORTGAGOR
REGARDINGPREPAYMENT
Date: January07,2013
Loan Nurnber: 6.8011002616e+013
FHACaseNumber: 091-4405741
Mortgagor: PENELOPEMGILLESPIE
PropertyAddress: 8092 SW115THLOOP, OCALA, FL34481
Thisnoticeis toadviseyou of thatmustbe followed to accomplish aprepaymentofyourmortgageandto
adviseyou ofrequirementsyou mustfulfill upon prepaymentto preventaccrual ofanyinterestafterthedateof
prepayment.
Theamountlisted belowistheamountoutstandingon yourloanforprepaymentofthe indebtednessdueunderyour
mortgageloan. Thisamountisgoodthrough 02/25/2013. Theamountprovided is subjecttofurtheraccounting
adjustments. Also, anypartial repayments received oradvancesmadebyus beforetheexpirationofthegoodthrough
datewill changethe prepaymentamount.
$114,889.60asof02/25/2013
You mayprepayanyorall oftheoutstanding indebtednessdueunderyourmortgageatanytime, withoutpenalty.
However,toavoidtheaccrualofintereston anyprepaymentafterthedateoftheprepayment, be suretheprepayment
includesinterestand'financechargesthroughthedatethe prepaymentis received in ouroffice. NOTE: Otherwise,you
maybe required to payintereston theamountprepaidthroughthedatetheprepaymentis received. Ifyou haveany
questionsregarding thisnotice, pleasecall ourCustomerServiceDepartmentatthetelephonenumberlistedatthe
bottomofthis page. PrepaymentorPayoffamountissubjecttochange- pleasecontactourofficetoreconfirm
priortoremittingfunds.
Thisnoticedoesnotrequireanyactionbyyou,itisonlytoinformyouoftheamounttoprepayorpayoffyour
loan,ifyousodesireas required underHUD Handbook4330.1 REV-5.
RMS, Inc.
Mortgagee
MORTGAGEECONTACTPERSON:
In compliancewith the DepartmentofHousing and Urban Developmentregulations (HUD)forFHAInsured Mortgages
RMS, Inc. must provide you with the name of a contact person, who is knowledgeable about servicing reverse
mortgages. In orderto comply with this regulation RMS, Inc. is providing you the name ofSusie Kerr, who you may
contact by calling our Customer Service department atthe telephone number located atthe bottom ofthis page (or)
you may email usatcustomerservice@myrmloan.com. Please be advised thatall ofourcustomerservice personnel
whoanswerthetelephonewill be ableto helpyou with yourinquiry.
Loan SKEY: 69977 Page3of5
COUNSELINGAGENCIES: Duringtheterm ofyourreverse mortgageloanyou maywantto consultwith
an HUDapproved counseling agencyto eitherclarifyinformation regarding yourreverse mortgage(or)to
determineifthereareavailableresources in yourareatoassistyou while maintainingyourhome. HUD
hasprovidedalistofnationalcounseling agenciesthatyou maycontactshouldyou requiretheir
assistance(see below). You mayalsogoonlineatHUD.Govwebsiteor
https://entp.hud.gov/idapp/html/hecm_agency_look.cfmand enteryourzip.
National FoundationforCreditCounseling NFCC (866)698-6322
MoneyManagementInternational
MMI (866)834-0428
CredAbility
(866)616-3716
NationalCouncilon Aging
NCOA (800)510-0301
ClearPointFinancialSolutions (877)877-1995
Springboard (800)947-3752
Neighborhood ReinvestmentCorporation
(888)990-4326(HECM)
Loan SKEY:69977
Page4of5
------------------
DISCLOSURE
IMPORTANTIRS REGULATIONS
YOU SHOULDCONSULTWITH THEIRSORYOURTAXADVISORIFYOU HAVEANYQUESTIONS. RMS, Inc.
DOESNOTOFFERTAXADVICE.
PleasereviewtheSocialSecurityNumber(SSN)listedbelowandontheAnnualYear-EndStatement- verifythe
SSNwehaveonfileiscorrect. IfyoufailtoprovideuswithyourcorrectSSN,youaresubjecttoa$50penalty
imposedbytheIRS. IftheSSN isnotcorrect,pleasecompletethisformandmailto
RMS, Inc.
ATTN: AnnualStatement
2727SPRINGCREEKDRIVE
SPRING,TX77373
Loan Number:
6.8011002616e+013
NOACTION REQUIRED, iftheSocialSecurityNumberisCorrect!
Borrower/MortgagorName: PENELOPE MGILLESPIE
CurrentSocialSecurityNumber: 180-24-0035
CorrectedSocialSecurityNumber:
BORROWER/MORTGAGORSIGNATURE:
Co-Borrower/MortgagorName:
CurrentSocialSecurityNumber:
CorrectedSocialSecurityNumber: _

Loan SKEY: 69977
Page5of5
ANNUALYEAR-ENDSTATEMENT
YearEnding: December31,2013
StatementDate: January26,2014
063786
PENELOPE MGILLESPIE
8092 SW115THLOOP
OCALAFL 34481
Account Information
Borrower: PENELOPE MGILLESPIE
Loan Number: 68011002615899
PropertyAddress: 8092SW115THLOOP, OCALA, FL 34481
BorrowerSocial SecurityNumber: 180-24-0035
Summary of Transactions
Beginning Loan BalanceasofJanuary1,2013:$109,345.26
Loan Advance/Scheduled Payment(ifapplicable): $0.00
Loan Advance/Unscheduled Disbursements (ifapplicable): $0.00
TotalPrincipalAmountPaidtoMortgagor/Borrower:$0.00
RepairSetAside Disbursements: $0.00
TaxesPaid and added to mortgagebalance: $0.00
InsurancePaid and addedto mortgagebalance: $0.00
Interest(FinanceCharge)AccruedforYearand added to mortgagebalance: $1,810.85
MIP(FinanceCharge)paidto HUDand charged to mortgage/borrower- addedto loan balance: $552.97
MonthlyServicing Fee (FinanceCharge)and addedto mortgage balance: $360.00
ChangeofPlan Fee/Misc. (FinanceCharge)and added to mortgagebalance: $0.00
Repaymentsmade byoron behalfofmortgagor/borrower: $0.00
TOTALACTIVITY $2,723.82
Total orOutstanding MortgageLoan BalanceasofDecember31, 2013: $112,069.08
CurrentPrincipal Limit: $114,764.44
*NetPrincipal Limit: ($1,080.75)
*TOTALFUNDSAVAILABLEfrom LineofCredit(ifapplicable): $0.00
2727Spring CreekDrive, Spring, TX 77373
Phone (866)503-5559- Fax(866)790-3451 - TTYITDD (888)827-6697
Loan SKEY: 69977
Page 1of 3
TRANSACTION INFORMATION
Transaction
Date
Effective
Date
TransactionDescription Principal
Amount
Interest
Amount
MIP
Amount
Servicing
FeeAmount
01/31/13
02/28/13
03/31/13
04/30/13
05/31/13
06/30/13
07/31/13
08/31/13
09/30/13
10/31/13
11/30/13
12/31/13
01/31/13 MonthlyIntiMIP/PMIAccrual &SF
GRANDTOTALofTransactions:
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$152.17
$151.58
$150.98
$153.12
$150.68
$149.15
$149.46
$153.46
$149.14
$152.23
$148.82
$150.06
$1,810.85
$45.56
$45.66
$45.75
$45.84
$45.94
$46.03
$46.13
$46.22
$46.32
$46.41
$46.51
$46.60
$552.97
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$360.00
CorporateAdvanceTRANSACTION INFORMATION
Transaction
Date
Effective
Date
TransactionDescription CorpAdv
Amount
03/19/13
03/19/13
08/20/13
12/10/13
03/19/13 CorpAdv- S307- Other
03/19/13 CorpAdv- S307- Recording Fees
08/20/13 CorpAdv- S306- AttorneyFees
12/10/13 CorpAdv- Prop Preserve- Prop In
GRANDTOTALofCorporateAdvances:
$2,493.70
$29.50
$3,132.50
$320.00
$5,975.70
;Loan SKEY: 69977
ANNUALDISCLOSURENOTICETOMORTGAGOR
REGARDING PREPAYMENT
Date: January07,2014
Loan Number: 68011002615899
FHACaseNumber: 091-4405741
Mortgagor: PENELOPE MGILLESPIE
PropertyAddress: 8092 SW115TH LOOP, OCALA, FL 34481
This noticeisto adviseyouofrequirementsthatmustbefollowed to accomplish aprepaymentofyourmortgageandto
adviseyou ofrequirementsyou mustfulfill upon prepaymentto preventaccrualofanyinterestafterthedateof
prepayment.
Theamountlisted belowistheamountoutstanding on yourloanforprepaymentofthe indebtednessdueunderyour
mortgageloan. Thisamountisgoodthrough 02/25/2014. Theamountprovided is subjecttofurtheraccounting
adjustments. Also, anypartial repayments received oradvancesmadebyus beforetheexpirationofthegoodthrough
datewill changethe prepaymentamount.
$119,812.04asof02/25/2014
You mayprepayanyorall oftheoutstanding indebtednessdueunderyourmortgageatanytime, withoutpenalty.
However, toavoid theaccrual ofintereston anyprepaymentafterthedateoftheprepayment, be suretheprepayment
include$ interestand'financechargesthroughthedatethe prepaymentis received in ouroffice. NOTE: Othe:rv/ise, you
maybeirequiredto payintereston theamountprepaidthrough the datethe prepaymentis received. Ifyou haveany
questiolf1s regardingthis notice, pleasecall ourCustomerService Departmentatthetelephone numberlistedatthe
bottom bfthispage. PrepaymentorPayoffamountissubjecttochange- pleasecontactourofficetoreconfirm
priortoremittingfunds.
Thisngticedoesnotrequireanyactionbyyou,itisonlytoinformyouoftheamounttoprepayorpayoffyour
loan, if/yousodesireas required underHUD Handbook4330.1 REV-5.
Reverse MortgageSolutions, Inc.
Mortgagee
MORTGAGEECONTACTPERSON:
In compliancewith the DepartmentofHousing and Urban Developmentregulations (HUD)forFHAInsured Mortgages
Reverse Mortgage Solutions, Inc. must provide you with the name ofa contact person, who is knowledgeable about
servicing reverse mortgages. In orderto complywith this regulation Reverse Mortgage Solutions, Inc. is providing you
the name ofSusie Kerr, who you may contact by calling ourCustomer Service department at the telephone number
rocated atthe bottom ofthis page (or) you mayemail usatcustomerservice@myrmloan.com. Please be advised that
all ofourcustomerservicepersonnelwhoanswerthetelephonewill be ableto helpyou with yourinquiry.
2727SpringCreekDrive, Spring, TX 77373
Loan SKEY: 69977
Page2of3
COUNSELING AGENCIES: During the term of your reverse mortgage loan you may want to consult with
an HUD approved counseling agency to either clarify information regarding your reverse mortgage (or) to
determine if there are available resources in your area to assist you while maintaining your home. HUD
has provided a list of national counseling agencies that you may contact should you require their
assistance (see below). You may also go online at HUD.Gov website or
https://entp.hud.gov/idapp/html/hecm_agency_look.cfm and enter your zip.
National Foundation for Credit Counseling
NFCC (800) 388-2227
Money Management International
MMI (866) 834-0428
National Council on Aging
NCOA (800) 510-0301
ClearPoint Financial Solutions (877) 877-1995
Springboard (800) 947-3752
Neighborhood Reinvestment Corporation (888) 990-4326 (HECM)
Consumer Credit Counseling Service of Southwest Georgia (800) 309-3358
Woan SKEY: 69977
I
------------------

2727Spr,ng CreekDrive

DISCLOSURE
IRSREGULATIONS
I
YOU CONSULTWITHTHEIRSORYOURTAXADVISORIFYOU HAVEANYQUESTIONS. Reverse
MortgageSolutions,Inc.DOESNOTOFFERTAXADVICE.
PleasereviewtheSocialSecurityNumber(SSN) listedbelowandontheAnnualYear-EndStatement- verifythe
SSN we, haveonfileiscorrect. IfyoufailtoprovideuswithyourcorrectSSN, youaresubjecttoa$50 penalty
imposedbytheIRS. IftheSSN isnotcorrect,pleasecompletethisformandmailto
Reverse MortgageSolutions, Inc.
ATTN: Annual Statement
Loan Number: 68011002615899
2727SPRING CREEKDRIVE
SPRING,TX77373
NOACTION REQUIRED, iftheSocialSecurityNumberisCorrect!
Borrower/MortgagorName: PENELOPEMGILLESPIE
CurrentSocialSecurityNumber: 180-24-0035
SocialSecurityNumber: _
BORROWER/MORTGAGORSIGNATURE:
Co-Borrower/MortgagorName:
CurrentSocialSecurityNumber:
CorrectedSocialSecurityNumber: _
Co-BORROWER/MORTGAGORSIGNATURE:
2727SpringCreekDrive, Spring, TX 77373
Phone (866)503-5559- Fax(866)790-3451 - TTYITDD(888)827-6697
Loan SKEY: 69977 Page3of3

Neil Gillespie
From: "Consumer Financial Protection Bureau" <donotreply@consumerfinance.gov>
Sent: Monday, March 10, 2014 2:50 PM
Subject: Your submission, [Case number: 140304-000750]
Page 1of 1
3/10/2014

Subject
Congressional Inquiry for Mr. Neil J . Gillespie

Discussion Thread
Response Via Email (CFPB) 03/10/2014 02:50 PM
Thank you for contacting the Consumer Financial Protection Bureau.

After reviewing your complaint, it appears the Consumer Financial Protection Bureau cannot pursue
the issue you described.

The Department of Housing and Urban Development (HUD) may be able to address this issue. For
more information or to file a complaint, contact them at:

Department of Housing and Urban Development
451 7th Street SW
Phone: 800-669-9777
Website: hud.gov

Thank you
Consumer Response Team

Consumer Financial Protection Bureau consumerfinance.gov
(855) 411-CFPB (2372)

Case number: 140304-000750
WHAT HAPPENED
Describe what happened so we can understand the issue...
Issue 1, from Petition No. 13-7280 writ of certiorari, US Supreme Court. My home is in wrongful
foreclosure on a federal HECM reverse mortgage. Nor mortgage payments are required on a HECM
reverse mortgage. Instead, the loan becomes payable when the last borrower dies or moved from
the home. I am a borrower and still living in the home.
Outcome sought: Stop the foreclosure, and void the mortgage for the borrowers incapacity
(Penelope Gillespie), as held in Matter of Doar (Brunson) 2009 NY Slip Op 29549 [28 MISC 3d 759],
or any other grounds set forth in the Petitioners Motion to Reconsider, Vacate or Modify Order
denied July 25, 2013 by the Eleventh Circuit. See my first Question Presented in Petition No.
13-7280.
Issue 2, Petition No. 13-7280 writ of certiorari, US Supreme Court (and Petition No. 12-7747),
Disbar the Florida Bar. Florida is the most corrupt state in America, according to the First Interim
Report of the Nineteenth Statewide Grand jury and DOJ numbers. The Florida Bar is
catastrophically broken as shown by survey responses to the Hawkins Commission Report 2012.
Which part of the mortgage process is your issue related to?
DESIRED RESOLUTION
What do you think would be a fair resolution to your issue?
Outcome sought: end The Florida Bar, end the unified bar system in Florida, and adopt the full
recommendations of the 1992 McKay Report of the America Bar Association, and end crony local
discipline components like local grievance committees, which are political decisions.
MY INFORMATION
Contact information
Mailing address
Mr Neil Gillespie
Ocala FL 34481
United States
Email neilgillespie@mfi.net
I am submitting on behalf of Myself
PRODUCT INFORMATION
Property address
Ocala FL 34481
United States
Account/Loan number ***********
Information about the company
HECM
United States
Supporting documents
Neil J Gillespie PAC MIA.pdf (362.12 KB)
COMPLAINT HISTORY
https://help.consumerfinance.gov/app/account/complaints/review_print/i_id/752191
Thank you for contacting the Consumer Financial Protection Bureau.
After reviewing your complaint, it appears the Consumer Financial Protection Bureau cannot
pursue the issue you described.
The Department of Housing and Urban Development (HUD) may be able to address this issue. For
more information or to file a complaint, contact them at:
Department of Housing and Urban Development
451 7th Street SW
Phone: 800-669-9777
Website: hud.gov
Thank you
Consumer Response Team
Consumer Financial Protection Bureau consumerfinance.gov
(855) 411-CFPB (2372)
Issue 1, from Petition No. 13-7280 writ of certiorari, US Supreme Court. My home is in wrongful
foreclosure on a federal HECM reverse mortgage. Nor mortgage payments are required on a HECM
reverse mortgage. Instead, the loan becomes payable when the last borrower dies or moved from
the home. I am a borrower and still living in the home.
Outcome sought: Stop the foreclosure, and void the mortgage for the borrowers incapacity
(Penelope Gillespie), as held in Matter of Doar (Brunson) 2009 NY Slip Op 29549 [28 MISC 3d 759],
or any other grounds set forth in the Petitioners Motion to Reconsider, Vacate or Modify Order
denied July 25, 2013 by the Eleventh Circuit. See my first Question Presented in Petition No.
13-7280.
Issue 2, Petition No. 13-7280 writ of certiorari, US Supreme Court (and Petition No. 12-7747),
Disbar the Florida Bar. Florida is the most corrupt state in America, according to the First Interim
Report of the Nineteenth Statewide Grand jury and DOJ numbers. The Florida Bar is
catastrophically broken as shown by survey responses to the Hawkins Commission Report 2012.
We received your submission from the Congress and will review it as soon as possible to determine
if it involves a Federal consumer financial law within our authority.

Depending on what we find, we will:
Send your complaint to the company for a response; or
Send your complaint to the appropriate regulator or help you get in touch with your state and local consumer protection
office if your complaint is not within our authority; or
Let you know if we need more information to continue our work.

While we cant give legal advice or represent individuals in legal matters, if you want more help you can contact a private
attorney or your local legal aid office for free or low-cost legal resources at www.lsc.gov.

You can register to track the status of your submission at: https://help.consumerfinance.gov/app/account
/complaints/list.

In the meantime, if youre having trouble paying your mortgage and need immediate assistance, call us at (855) 411-CFPB
(2372). We can connect you to a free, HUD-approved housing counselor who can help you explore options available to avoid
foreclosure, including modifications, short sales, repayment plans and government programs. Special assistance may be
available to military members or veterans. You can also explore your options at: http://www.makinghomeaffordable.gov
/programs/Pages/default.aspx. Please note that submitting a complaint with us will not automatically stop or delay a
foreclosure.

Thank you,
Consumer Financial Protection Bureau
consumerfinance.gov
(855) 411-CFPB (2372)


GINA ALONSO
Constituent Services Representative
OFFICE OF UNITED STATES SENATOR MARCO RUBIO
8669 NW 36th Street
Suite 110
Miami, Florida 33166
(305) 418-8583
(305) 594-4014 -Fax

i"
HUNTON &WILLIAMS LLP
l\.j'
........)li;... HuNToN
111 J BRICKELLAVENUE
SUITE 2500
WILLIAMS
MIAMI, FLORIDA 33131
TEL 3058102500
FAX 3058102460
BARRY R. DAV1DSON
DIRECTDIAL. 305 810 2539
EMAIL.bdavidson@hunton.com
March 10,2014 FILE NO:
ViaFederalExpress
TheFloridaBar
651 EastJeffersonStreet
Tallahassee, FL32399-2300
Re: DanielleNicoleParsons,TheFloridaBarFileNo. 2014-30,525(9A)
DearMr. Littlewood:
In response to your request ofFebruary 25, 2014, I write to respond to the new allegations
raisedinMr. Gillespie'sFebruary24,2014correspondence.
Mr. Gillespie alleges that Ms. Parsons and McCalla Raymer LLC violated the Florida
Deceptive and Unfair Trade Practices Act ("FDUTPA") by naming unknown persons as
defendants in the action to foreclose Mr. Gillespie's mortgage, and by submitting a waiver
[onnto the U.S. SupremeCourtat a time when herfirm McCallaRaymer LLCwasinactive.
Mr. Gillespie'sallegationsarenotsupportedbyapplicablelawandwhollywithoutmerit.
Naminganunknownpersonasa defendantinan action is neithera deceptivenorunfairtrade
practice - it is a common practice, sanctioned by Florida courts. Plaintiffs name unknown
defendants (or "John Does") as a matter ofcourse "to identify the fact that the defendant's
real identity is unknown,"orto "indicatethatthe plaintiffintends to add anotherpartyto the
action in the future." Grantham v. Blount, Inc., 683 So. 2d 538, 539 (Fla. 2d DCA 1996).
ChallengestothesufficiencyofJohnDoepleadingsaddressonlywhetherthepleadingserves
to commence an actionagainstthereal party, orto toll the statuteoflimitations vis-a-visthat
party. See, e.g., Grantham, 683 So. 2d 538; Gilliam v. Smart, 809 So. 2d906(Fla. 1stDCA
2009). Thesecases do nothold that unknownparties must be "stricken,"orthat the practice
issomehowinappropriate.
Mr. Gillespie has not demonstrated otherwise. The cases Mr. Gillespie cites to support his
contentionsare inapposite. Hewitt vs. the Law Offices of David J Stern doesnotstandforthe
proposition that naming unknown defendants in a complaint is a violation ofFOUTPA. In
Hewitt, the alleged unfairand deceptive practice was chargingn10rtgagors expenses and fees
ATLANTA AUSTIN BANGKOK BEIJING BRUSSELS CHARL01TE DALLAS HOUSTON LONDON LOS ANGELES
McLEAN MIAMI NEW YORK NORFOLK RALEIGH RICHMOND SAN FRANCISCO TOKYO WASHINGTON
www.hunton.com
. "

March 10,2014
Page 2
that were not incurred, were unreasonable, excessive, were in excess of the amount incurred,
or were for services which were not performed. Stern CampI. at ~ 54.] The string of cases
cited by Mr. Gillespie are federal cases that analyze the Federal Rules of Civil Procedure and
are therefore inapplicable to the present case.
Ms. Parsons's submission to the U.S. Suprelne Court was not deceptive, unfair, unethical, or
impermissible. Indeed, she acted consistently with the rules of the Supreme Court which
required her to submit a waiver to indicate to the Court that she did not intend to file papers in
response to Mr. Gillespie's petition for a writ of certiorari. There is only one requirement for
an attorney to properly file a document in the Supreme Court - the attorney must be admitted
to practice before the Court. Sup. Ct. R. 9.1. An attorney is not required to be affiliated with
a law firm. Id. Should an attorney have an affiliation with a firm, the firm is not required to
be active or in good standing. Id. However, an attorney who is not admitted may submit a
waiver form provided that she indicate, by checking the appropriate box, that she is not
admitted to the Bar of the Supreme Court. By indicating that she was "not presently a
member of the Bar," Ms. Parsons complied with all applicable rules and regulations for
submitting a waiver.
With respect to any other claims Mr. Gillespie may allege in the future, I note that Ms.
Parsons is protected from liability by the litigation privilege, which extends to all causes of
action, including both common-law torts and statutory causes of action. Levin, Middlebrooks,
Mabie, Thomas, Mayes & Mitchell, P.A. v. US. Fire Ins. Co., 639 So. 2d 606, 608 (Fla. 1994)
(holding that any act occurring during the course of a judicial proceeding enjoys "absolute
immunity"); see also Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 950 So. 2d
380, 384 (Fla. 2007) (holding that the litigation privilege extends to all causes of action,
including statutory causes of action).
We continue to assert that Mr. Gillespie's complaints are without merit and should be
dismissed.
Cordially yours,
{ l ~ ~ ~
Barry R. Davidson
Enclosure
I The relevant pages of the Stern Complaint are enclosed.
66390.0000 18 EMF_US 49841942v 1
THEFLORIDABAR
651 EASTJEFFERSONSTREET
JOHNF. HARKNESS,JR. TALLAHASSEE,FLORIDA32399-2300 850/ 561-5600
EXECUTIVE DIRECTOR www.FLORIDABAR.ORG
February25,2014
Mr. BarryRodney Davidson
1111 BrickellAve FI 25
Miami, FL33131-3101
Re: ConlplaintbyNeilJ. GillespieagainstDanielleNicoleParsons
DearMr. Davidson:
Enclosedpleasefind acopyofadditionalcorrespondencedatedFebruary24,2014receivedfrom
Mr. Gillespie. Please reviewthis and address any newissues raised in a follow-up response no
laterthanMarch 11,2014.
Please use the above-referenced case number on all correspondence with this office regarding
thismatter.
PleasebeadvisedthatyourclientisobligatedtoprovidetheBarwithawrittenresponsepursuant
to R. RegulatingFla. Bar4-8.4(g).
Sincerely,
cc: Mr.NeilJ. Gillespie
Enclosure
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8092 s. W. 115th Loop
Ocala, FI-J 34481
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VIA UPS No. 1Z64589FP292994132 February 24, 2014
Email to tlittlew@flabar.org
The Florida Bar
RE: ADDENDUM
Danielle Nicole Parsons, The Florida Bar File No. 2014-30,525 (9A)
This is an addendum to my rebuttal in the above submitted earlier today. I regret any
inconvenience this may cause you or Mr. Davidson.
Danielle Nicole Parsons, FL Bar ID: 29364, is employed by McCalla Raymer LLC. McCalla
Raymer LLC is not a Florida law firm. The Florida Department of State, Division of
Corporations shows McCalla Raymer LLC is,
Foreign Limited Liability Company MCCALLA RAYMER, LLC
Document Number M11000002235
FEI/EIN Number 582145201
Date Filed 05/04/2011
State GA
Status ACTIVE
Last Event REINSTATEMENT
Event Date Filed12/18/2013
Event Effective Date NONE
Principal Address
6 CONCOURSE PARKWAY, SUITE 3200
ATLANTA, GA 30328
Mailing Address
1544 OLD ALABAMA RD
ROSWELL, GA 30076
Changed: 12/18/2013
There is more information about McCalla Raymer LLC, see enclosed,
February 24, 2014, a printout today of the Sunbiz inquiry page for McCalla Raymer LLC
J anuary 24, 2012, Annual Report for a Limited Liability Company for 2012
May 4, 2011, Application by a Foreign Limited Liability Company McCalla Raymer LLC
Ms. Parsons submitted December 9, 2013 a waiver to file a response in Petition No. 13-7280 for
writ of certiorari to the US Supreme Court, even though at that time McCalla Raymer LLC was
inactive for administrative dissolution for failure to file an annual report, since September 27,
2013. Petition No. 13-7280 is related to this matter and other matters. The petition was denied
J anuary 23, 2014. A petition for rehearing was filed February 7, 2014; and distributed for the
Conference of March 7, 2014.
Enclosed is Ms. Parsons signed waiver form as received by email and US postal mail. Also
enclosed is a printout of the Sunbiz inquiry page for McCalla Raymer LLC showing inactive for
administrative dissolution for failure to file an annual report, since September 27, 2013 which
notice I provided to Mr. Littlewood by email December 19, 2013, see enclosed.
Somehow McCalla Raymer got reinstated, and got the reinstatement backdated to December 18,
2013, but the missing Annual Report has not been filed as of today, and the reinstatement
effective date shows none. So this reinstatement may not be legitimate.
Ms. Parsons may have violated F.S. 817.155 by filing a waiver December 9, 2013 in the US
Supreme Court when in fact McCalla Raymer was inactive for administrative dissolution for
failure to file an annual report, since September 27, 2013. This fraud on the US Supreme Court
may have violated F.S. 817.155,
817.155 Matters within jurisdiction of Department of State; false, fictitious, or fraudulent
acts, statements, and representations prohibited; penalty; statute of limitations.A
person may not, in any matter within the jurisdiction of the Department of State,
knowingly and willfully falsify or conceal a material fact, make any false, fictitious, or
fraudulent statement or representation, or make or use any false document, knowing the
same to contain any false, fictitious, or fraudulent statement or entry. A person who
violates this section is guilty of a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. The statute of limitations for prosecution of an act
committed in violation of this section is 5 years from the date the act was committed.
Sincerely,
Neil J . Gillespie cc: Mr. Barry R. Davidson
8092 SW 115th Loop Hunton & Williams LLP
Ocala Florida 34481 Barclays Financial Center
Telephone: 352-854-7807 1111 Brickell Ave. Fl 25
Email: neilgillespie@mfi.net Miami, Florida 33131-3101
VIA UPS No. 1Z64589FP291603725
Enclosures
And by email: Mr. Barry R. Davidson, counsel for Ms. Parsons, @ bdavidson@hunton.com
Document Number
FEI/EIN Number
Date Fi l ed
State
Status
Last Event
Event Date Fi l ed
Event Effecti ve Date
Forei gn Li mi ted Li abi l i ty Company
MCCALLA RAYMER, LLC
Fi l i ng Informati on
M11000002235
582145201
05/04/2011
GA
ACTIVE
REINSTATEMENT
12/18/2013
NONE
Pri nci pal Address
ATLANTA, GA 30328
Mai l i ng Address
1544 OLD ALABAMA RD
ROSWELL, GA 30076
Changed: 12/18/2013
Regi stered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
Authori zed Person(s) Detai l
Name & Address
Title MGR
STONE, MARTY
1544 OLD ALABAMA RD
ROSWELL, GA 30076
Title MGR
Copyright and Privacy Policies
State of Florida, Department of State
Home Contact Us E-Filing Services Document Searches Forms Help
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityName/forl-m11000002235-5db53846-7a33-40b4-911b-ccf54c883a96/M...
2/24/2014 11:53 AM
1544 OLD ALABAMA RD
ROSWELL, GA 30076
Title MGR
MCGEHEE, CARL
1544 OLD ALABAMA RD
ROSWELL, GA 30076
Title MGR
REISS, WENDY R
1544 OLD ALABAMA RD
ROSWELL, GA 30076
Title MGR
ALTOM, KENT
1544 OLD ALABAMA RD
ROSWELL, GA 30076
Title MGR
BOND, J ANE
1544 OLD ALABAMA RD
ROSWELL, GA 30076
Annual Reports
Report Year Fi l ed Date
2012 01/24/2012
Document Images
01/24/2012 -- ANNUAL REPORT View image in PDF format
05/04/2011 -- Foreign Limited View image in PDF format
2/24/2014 11:53 AM

Neil Gillespie
From: <noreply@mccallaraymer.com>
Sent: Monday, December 09, 2013 2:20 PM
Attach: 12-02121 Waiver.pdf
Subject: SERVICE OF COURT DOCUMENT, No.: 13-7280
Page 1of 1
12/11/2013
Attached is the WAIVER that our firm has filed in NEIL J . GILLESPIE (Petitioner) V. REVERSE
MORTGAGE SOLUTIONS INC. (Respondents), Supreme Court of the United States; No. 13-7280.
You can reach attorney Danielle N. Parsons, Esq. at (407)674-1850 or dnp@mccallaraymer.com. Please
note our service by email address is MRService@mccallaraymer.com

THIS LAW FIRM MAY BE DEEMED A "DEBT COLLECTOR" UNDER THE FAIR DEBT
COLLECTION PRACTICES ACT. ANY AND ALL INFORMATION OBTAINED MAY BE USED
FOR THE PURPOSE OF COLLECTING A DEBT. This message has been sent from a law firm and
may contain information that is confidential or privileged. If you are not the intended recipient, please
advise the sender immediately by reply e-mail and delete this message and any attachments without
retaining a copy. Any disclosure, copying, distribution or use of the contents of this message is
prohibited. If you have any questions, please feel free to call us. Thank you.
WAIVER
SupremeCourtoftheUnitedStates
No. 13-7280
NeilJ.Gillespie v. ReverseMortgageSolutions, Inc., etal.
(Petitioner)
(Respondents)
IDONOTINTENDTOFILEA RESPONSEtothepetitionfora writofcertiorariunless
oneisrequestedbytheCourt.
Pleasechecktheappropriateboxes:
o PleaseentermyappearanceasCounselofRecordfor allrespondents.
o Therearemultiplerespondents,andIdo notrepresentallrespondents.Pleaseentermy
appearanceasCounselofRecordfor thefollowing respondent(s):
onsewil be bya Bar emb r.
e
o Iama memberoftheBaroftheSupremeCourtoftheUnitedStates.
, I amno rese tlya memberoftheBarofthisCourt.Shouldaresponsebe requested,
there
Signat _

I A
(Typeorprint)Name :[))J'\\ t-\ \Q.... rJ.
oMr. 0 Ms. KMrs. 0 Miss
Firm C:v\ LLC
Address k___..
City&State OWtJOO Y"CoLM
Phone LJ 01- LoJ L-j -- I
SENDACOpyOFTHISFORMTO PETITIONER'SCOUNSELORTOPETITIONERIF
PRO SEe PLEASEINDICATEBELOWTHENAME(S) OFTHERECIPIENT(S) OFACOpy
OFTHISFORM. NOADDITIONALCERTIFICATEOFSERVICEISREQUIRED.
Cc: IJL\ \ -\. G', ) SL
Obtainstatusofcaseonthedocket. Byphoneat202-479-3034orviatheinternetat
http://www.supremecourtus.gov.HavetheSupremeCourtdocketnumberavailable.
"'.1 I III 'r I.r ... .lrln. r .11 t.... , ll_.. 1q,.... ............ ....
DanielleN. Parsons,Esq.
U.S. POSTAGE PITNEY BOWES
McCallaRaymer,LLC
225E. RobinsonStreet
;:Z:;

Suite660
ZIP 32801 $ 000 46
Orlando,FL 32801
02 1VV
0001364007DEC 09 2013
Neil Gillespie
8092SW115thLoop
Ocala, Florida34481
3448i f. '" 1" I, IIJ',' p,.".1,1"'1,"'",,1,),II ",1",11,' ,JI,'II,'I
L. 'v-"""" M .Mel Ld,iS."'.
Document Number
FEI/EIN Number
Date Fi l ed
State
Status
Last Event
Event Date Fi l ed
MCCALLA RAYMER, LLC
M11000002235
582145201
05/04/2011
GA
INACTIVE
ADMIN DISSOLUTION FOR ANNUAL REPORT
09/27/2013
NONE
Pri nci pal Address
ATLANTA, GA 30328
Mai l i ng Address
ATLANTA, GA 30328
Manager/Member Detai l
Name & Address
Title MGR
STONE, MARTY
ATLANTA, GA 30328
Title MGR
SILVER, ADAM
Title MGR
MCGHEE, CARL
ATLANTA, GA 30328
Title MGR
REISS, WENDY R
ATLANTA, GA 30328
Title MGR
ALTOM, KENT
ATLANTA, GA 30328
Title MGR
BOND, J ANE
ATLANTA, GA 30328
Annual Reports
2012 01/24/2012
Document Images

Neil Gillespie
From: "Neil Gillespie" <neilgillespie@mfi.net>
To: "Theodore P Littlewood" <tlittlew@flabar.org>; "Bridget Kellogg Smitha" <smithab@gtlaw.com>;
"pam.bondi@myfloridaleg" <pam.bondi@myfloridalegal.com>; "Hon. Hale Ralph Stancil"
<hstancil@circuit5.org>; "J ohn F Harkness" <jharkness@flabar.org>; "McCalla Raymer E-service"
<MRService@mccallaraymer.com>; "Shuaib Chalklen Special Rapporteur Disability"
<enable@un.org>; "Special Rapporteur Gabriela Knaul" <SRindependenceJ L@ohchr.org>; "Tiffany
Caparas1" <TCaparas@kelattorneys.com>; "Tiffany Caparas2" <KELinbox@kelattorneys.com>;
<USAFLM.State.Foreclosures@usdoj.gov>; "William Abbuehl" <billa@clsmf.org>; "Neil Gillespie"
<neilgillespie@mfi.net>
Sent: Thursday, December 19, 2013 2:13 AM
Attach: McCallaRaymerLLC-inactive.pdf
Subject: McCalla Raymer LLC inactive for administrative dissolution
Page 1of 1
1/28/2014
RE: The Florida Bar File No. 2014-30,525 (9A)
Good morning. Thank you for your letter of December 6, 2013 in this matter.
The Florida Department of State, Division of Corporations, shows McCalla Raymer LLC is inactive for
administrative dissolution for Annual Report on September 27, 2013. Attached is a PDF of the Division
of Corporation web page showing administrative dissolution.
I am providing this information to those on the Petition No. 13-7280 email list, which includes Ms.
Parsons/McCalla Raymer, and thought you may need this too.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala Florida 34481
Telephone: 352-854-7807
Document Number
FEI/EIN Number
Date Fi l ed
State
Status
Last Event
Event Date Fi l ed
MCCALLA RAYMER, LLC
M11000002235
582145201
05/04/2011
GA
INACTIVE
09/27/2013
NONE
Pri nci pal Address
ATLANTA, GA 30328
Mai l i ng Address
ATLANTA, GA 30328
Name & Address
Title MGR
STONE, MARTY
ATLANTA, GA 30328
Title MGR
SILVER, ADAM
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityName/forl-m11000002235-5db53846-7a33-40b4-911b-ccf54c883a96/mc...
Title MGR
MCGHEE, CARL
ATLANTA, GA 30328
Title MGR
REISS, WENDY R
ATLANTA, GA 30328
Title MGR
ALTOM, KENT
ATLANTA, GA 30328
Title MGR
BOND, J ANE
ATLANTA, GA 30328
Annual Reports
2012 01/24/2012
Document Images

Select Year:
The 2013 Florida Statutes
Title XLVI
CRIMES
Chapter 817
FRAUDULENT PRACTICES
View Entire Chapter
817.155 Matters within jurisdiction of Department of State; false, fictitious, or fraudulent acts,
statements, and representations prohibited; penalty; statute of limitations.A person may not, in any
matter within the jurisdiction of the Department of State, knowingly and willfully falsify or conceal a material
fact, make any false, fictitious, or fraudulent statement or representation, or make or use any false
document, knowing the same to contain any false, fictitious, or fraudulent statement or entry. A person who
violates this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084. The statute of limitations for prosecution of an act committed in violation of this section is 5 years
from the date the act was committed.
History.s. 52, ch. 87-99; s. 194, ch. 91-224; s. 26, ch. 2005-267.
Copyright 1995-2014 The Florida Legislature Privacy Statement Contact Us
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0817/Sections/0817.155.html
VIA UPS No. 1Z64589FP292246897 February 24, 2014
Email to tlittlew@flabar.org
The Florida Bar
This is my rebuttal to Mr. Davidsons response to the above complaint. Pursuant to your letter
February 11, 2014, enclosed are new allegations of misconduct against Ms. Parsons.
I regret not getting this rebuttal to you by February 21, 2014 as you requested. Your grant of
extension was gracious and appreciated. In the past you have treated my complaints according to
the rules and in a professional manner, which I also appreciate. However should this complaint
go to a grievance committee, it will likely be dismissed without regard to the merits. So I have
been researching options, and in contact with other agencies about public corruption, and have a
plan in place to address that issue.
Rebuttal to the response of Mr. Davidson.
Page 1, Mr. Davidsons reliance on scriveners errors is a falsehood or misleading legal
argument intended to mislead The Bar. Florida Bar Staff Opinion 29977 on false foreclosure
affidavits cites to Rule 4-3.3, the Candor Toward the Tribunal rule. There is no provision for
excusing misconduct and false affidavits as scriveners errors.
(a) False Evidence; Duty to Disclose. A lawyer shall not knowingly: (1) make a false
statement of fact or law to a tribunal or fail to correct a false statement of material fact or
law previously made to the tribunal by the lawyer; (2) fail to disclose a material fact to a
tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the
client;
Ms. Parsons knowingly made false statements in her verified complaint. Ms. Parsons has not
taken any action to correct her so-called scriveners errors, nor disclosed material facts to the
tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act my the client.
Footnote 1, page 1: The claims of Mr. Gillespie relating to conduct in the Federal Action he
created by removing the foreclosure are also without merit. He complains that Ms. Parsons
misrepresented the date that he had filed his motion to dismiss by two days, February 6, 2013
instead of February 4, 2013. No prejudice is shown for the misunderstanding by Ms. Parsons.
Theodore P. Littlewood J r., Bar Counsel February 24, 2014
Mr. Davidson is incorrect. Ms. Parsons knowingly engaged in fraud regarding the date to file a
response, for the purpose of misleading me and a default judgment as stated in the complaint.
Footnote 1, page 1: The claim of ex parte communication by Federal J udicial Officers is
particularly inappropriate because it is based on a purported misunderstanding of the Federal
CM/ECF filing procedures and then belied by Mr. Gillespie in his subsequent discussion in
which it is obvious he understands the system-See Section VI of his Bar complaint.
Mr. Davidson is incorrect. My understanding, which is limited, shows ex parte communication,
although the content of that communication is unknown because it was ex parte. Ms. Parsons,
together with Ms. Martinez, misrepresented the default date by two days, and I was prejudiced
by not getting a default judgment. It appears Ms. Parsons and/or Ms. Martinez engaged in ex
parte communication as stated in my complaint, as I understand federal CM/ECF, which is
limited because I was not granted permission to e-file. That is likely a criminal matter and was
reported last week to a federal authority.
Page 2. Mr. Davidson: Equally important they have not prejudiced Mr. Gillespie in any way as
he has a complete and accurate understanding of the foreclosure against him as shown in his
State Court Motion to Dismiss attached to his Bar complaint as Exhibit 18.
I have a fragmented and incomplete understanding of this foreclosure, not a complete and
accurate understanding as that relates to defending a foreclosure in court. On certain issues I
understand the theory behind my defense, but not how to successfully execute the defense.
Regarding the 1.997 cover sheet, I withdrawal my speculation as to why Ms. Parsons falsely
certified as she did:
I CERTIFY that the information I have provided in this cover sheet is accurate to the
best of my knowledge and belief.
Still, the falsehood violates Bar rules, and is a crime under F.S. 837.06 False official statement,
and, F.S. chapter 825 as pled throughout this matter, including the HUD complaint which is part
of the motion to dismiss. It may also violate F.S. 817.535 Unlawful filing of false documents
or records against real or personal property.
Page 2, paragraph beginning Next, because of mislabeling of exhibits... the reliance on
scriveners errors here goes to the requirement of verification, and in turn due process. It takes
an enormous amount of time making a response to one intentional falsehood after another. As to
the purported assignment it is not valid, just a copy, a single unmarked paper; any previous
assignments of mortgage are missing.
152. The Verified Complaint, in paragraph 3, states The described subject Mortgage
was subsequently assigned to Plaintiff. Copies of the relevant Assignments of Mortgage
are attached as Composite Exhibit "C." Plaintiffs statement is false. There is no
Composite Exhibit C attached to the Complaint. There is a single page attached
purporting to be an Assignment of Mortgage attached but it is not marked in any way as
an Exhibit or Composite and therefore impossible to relate to the Verified Complaint or
the Plaintiffs alleged claims therein..
The Complaint is verified pursuant to Rule 1.110(b), Fla. R. Civ. P., by Debbie Sims, Vice
President, Reverse Mortgage Solutions, Inc., on December 20, 2012, and includes the following
statement:
UNDER PENALTY OF PERJ URY, I declare that I have read the foregoing and that the
facts alleged therein are true and correct to the best of my knowledge and belief.
Debbie Sims, by alleging facts under penalty of perjury as true and correct, when those facts are
not true and correct, violated section 837.06, Florida Statutes, False official statements. There
has been no attempt by Debbie Sims or Ms. Parsons to correct False Official Statements as
required by Bar Rules.
Regarding Mr. Davidsons statement below, I made a Bar complaint that was wrongly dismissed.
The matter is referred to a federal investigative agency. My petition does not name Former
President J immy Carter or the United Nations as parties. The UN is an observer. Pres. Carter
declined to refer an observer. Florida Attorney General Bondi was required to be served for a
constitutional challenge. There is more, but that is all I can say now about AG Bondi.
Finally, while it does not relate directly to the merits of the complaints by Mr. Gillespie
I do think it relevant in regard to credibility to note that he has: 1) petitioned the US
Supreme Court, Petition No. 13-7280, concerning remand of his attempt to move the
foreclosure to Federal Court and named as apparent parties Former President J immy
Carter, Florida Attorney General Pam Bondi, and the United Nations. The Florida Bar is
also suggested as a "cross-party." 2) filed an "Appeal" to the United Nations on October
25, 2013 seeking protection from political persecution in the United States from The
Florida Bar, the law firm of Ryan et al, U.S. J udge Terrell Hodges and Florida attorney
Eugene P. Castagliuolo. 3) petitioned the US Supreme Court in regard to proceedings in
the Thirteenth J udicial Circuit of Florida, Petition No. 127747 and 4) he is subject to
investigation by the Florida Bar for UPL in matter number 20133090-5.
I responded to the vexatious UPL complaint of Ryan C. Rodems. Mr. Davidson did not make a
substantive response for Ms. Parsons failure to supervise Ms. Martinezs UPL.
New allegations
Florida Deceptive and Unfair Trade Practices Act - FDUTPA
A final judgment entered J anuary 24, 2014 in Rory Hewitt vs. Law Offices of David J . Stern
bears on the above captioned Bar complaint, the "unknown spouse" issue.
Rory Hewitt vs. the Law Offices of David J . Stern
Class Action Final J udgment: $831,110
Palm Beach County Court, Case No. 09-CA-036046
Circuit J udge Lucy Chernow Brown
Case ID: 502009CA036046XXXXMB
In Hewitt, the Court determined that Mr. Stern was liable under FDUTPA, the Florida Deceptive
and Unfair Trade Practices Act, for suing unknown parties.
In my case, Ms. Parsons and McCalla Raymer sued seven (7) unknown parties. Below is a list of
unknown parties on the foreclosure complaint served on me by Ms. Parsons and McCalla
Raymer. Page 1 of the complaint is attached. The full complaint is available.
1 - UNKNOWN SPOUSE OF ELIZABETH BAUERLE;
2 - UNKNOWN SPOUSE OF MARK GILLESPIE;
3 - UNKNOWN SPOUSE OF NEIL J . GILLESPIE
4 - UNKNOWN SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING
TRUST AGREEMENT DATED FEBRUARY 10,1997
5 - UNKNOWN TRUSTEES, SETTLERS AND BENEFICIARIES OF UNKNOWN
SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997
6 - UNKNOWN TENANT IN POSSESSION 1
7 - UNKNOWN TENANT IN POSSESSION 2
It is my understanding that "unknown" parties are not permitted in federal court, and must be
stricken. In Green v. Pilgrims Pride Corporation, Civil Action No. 5:08-cv-0573-CLS, U.S.
District Court, Northern District of Alabama, Northeastern Division, U.S. J udge Lynwood Smith
held in a Memorandum Opinion entered May 8, 2008, at footnote 1:
"Any claims asserted by a plaintiff against fictional parties are due to be stricken, however,
because there is no provision for fictitious party practice under federal law or rules of procedure.
Cf. 28 U.S.C. 1441(a) (stating that "the citizenship of defendants sued under fictitious names
shall be disregarded" for purposes of removal). See also New v. Sports & Recreation, Inc., 114
F.3d 1092, 1094 n.1 (11th Cir. 1997) (noting that plaintiff "conceded that fictitious party practice
is not permitted in federal court and, thus, her failure to name the parties required that the court
strike the parties"); Murray v. Sevier, 50 F. Supp. 2d 1257, 1280 (M.D. Ala. 1999) (observing
that there is "no provision for fictitious party practice under federal law"); Wiggins v. Risk
Enterprise Management Limited, 14 F. Supp. 2d 1279, 1279 n.1 (M.D. Ala. 1998) ("[T]here is
no fictitious party practice in the Federal Courts."); Floyd v. Allstate Insurance Company, 989 F.
Supp. 1435, 1436 n.1 (M.D. Ala. 1998) ("[T]he fictitious Defendants named in Plaintiffs
Complaint are due to be dismissed, there being no provision for fictitious party practice under
federal law."); McCree v. Sams Club, 159 F.R.D. 572, 574 n.1 (M.D. Ala. 1995) ("there is no
provision for fictitious party practice under federal law"); Weeks v. Benton, 649 F. Supp. 1297,
1298 (S.D. Ala. 1986) ("Fictitious party practice is not authorized by the Federal Rules of Civil
Procedure or any . . . federal statute."); Federal Rule of Civil Procedure 10.
Page one of the Order of J udge Lynwood Smith is enclosed/attached. The full order is available.
I believe the other falsehoods and UPL by Ms. Parsons and Ms. Martinez may create liability
under FDUTPA, the Florida Deceptive and Unfair Trade Practices Act
McCalla Raymer LLC inactive for administrative dissolution for Annual Report
The Florida Department of State, Division of Corporations, showed McCalla Raymer LLC
inactive for administrative dissolution for Annual Report on September 27, 2013 as emailed to
you December 19, 2013. Ms. Parsons submitted on or about December 9, 2013 a waiver to file a
response in Petition No. 13-7280 for writ of certiorari to the U.S. Supreme Court related to this
complaint, even though at that time McCalla Raymer LLC was inactive for administrative
dissolution for failure to file an annual report, since September 27, 2013.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala Florida 34481
Telephone: 352-854-7807
Enclosures
cc:
Mr. Barry R. Davidson
Hunton & Williams LLP
Barclays Financial Center
1111 Brickell Ave. Fl 25
Miami, Florida 33131-3101
VIA UPS No. 1Z64589FP290266100
And by email: Mr. Barry R. Davidson, counsel for Ms. Parsons, @ bdavidson@hunton.com
See doc. no. 1 (notice of removal). The caption of plaintiffs state-court complaint identifies
1
five fictional defendants. Any claims asserted by a plaintiff against fictional parties are due to be
stricken, however, because there is no provision for fictitious party practice under federal law or
rules of procedure. Cf. 28 U.S.C. 1441(a) (stating that the citizenship of defendants sued under
fictitious names shall be disregarded for purposes of removal). See also New v. Sports &
Recreation, Inc., 114 F.3d 1092, 1094 n.1 (11th Cir. 1997) (noting that plaintiff conceded that
fictitious party practice is not permitted in federal court and, thus, her failure to name the parties
required that the court strike the parties); Murray v. Sevier, 50 F. Supp. 2d 1257, 1280 (M.D. Ala.
1999) (observing that there is no provision for fictitious party practice under federal law); Wiggins
v. Risk Enterprise Management Limited, 14 F. Supp. 2d 1279, 1279 n.1 (M.D. Ala. 1998) ([T]here
is no fictitious party practice in the Federal Courts.); Floyd v. Allstate Insurance Company, 989 F.
Supp. 1435, 1436 n.1 (M.D. Ala. 1998) ([T]he fictitious Defendants named in Plaintiffs Complaint
are due to be dismissed, there being no provision for fictitious party practice under federal law.);
McCree v. Sams Club, 159 F.R.D. 572, 574 n.1 (M.D. Ala. 1995) (there is no provision for
fictitious party practice under federal law); Weeks v. Benton, 649 F. Supp. 1297, 1298 (S.D. Ala.
1986) (Fictitious party practice is not authorized by the Federal Rules of Civil Procedure or any
. . . federal statute.); Federal Rule of Civil Procedure 10.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
RANDY S. GREEN, )
)
Plaintiff, )
)
vs. ) Civil Action No. 5:08-cv-0573-CLS
)
PILGRIMS PRIDE )
CORPORATION, )
)
Defendant. )
MEMORANDUM OPINION
Plaintiff, Randy S. Green, commenced this action in the Circuit Court of
Limestone County, Alabama, and defendant, Pilgrims Pride Corporation, removed
it to this court based solely upon the parties diversity of citizenship. See 28 U.S.C.
1
FILED
2008 May-09 AM 07:55
U.S. DISTRICT COURT
N.D. OF ALABAMA
Case 5:08-cv-00573-CLS Document 7 Filed 05/09/08 Page 1 of 17
5
th
IN THE CIRCUIT COURT OF THE
JUDICIAL CIRCUIT IN AND FOR
MARIONCOUNTY,FLORIDA
CASENO.
REVERSEMORTGAGESOLUTIONS,INC.,
Plaintiff,
vs.
NEILJ. GILLESPIEANDMARKGILLESPIEAS
CO-TRUSTEESOFTHEGILLESPIEFAMILY
LIVINGTRUSTAGREEMENTDATED
FEBRUARY10, 1997;OAKRUN
HOMEOWNERSASSOCIATION,INC.;UNITED
STATESOFAMERICA,ONBEHALFOFTHE
SECRETARYOFHOUSINGANDURBAN
DEVELOPMENT;ELIZABETHBAUERLE;
MARKGILLESPIE;NEILJ. GILLESPIE;
DEVELOPMENT& CONSTRUCTION
CORPORATIONOFAMERICA;UNKNOWN
SPOUSEOFELIZABETHBAUERLE;
UNKNOWNSPOUSEOFMARKGILLESPIE;
UNKNOWNSPOUSEOFNEILJ. GILLESPIE;
UNKNOWNSETTLERSIBENEFICIARIESOF
THEGILLESPIEFAMILYLIVINGTRUST
AGREEMENTDATEDFEBRUARY10,1997;
UNKNOWNTRUSTEES,SETTLERSAND
BENEFICIARIESOFUNKNOWN
SETTLERSIBENEFICIARIESOFTHE
GILLESPIEFAMILYLIVINGTRUST
AGREEMENTDATEDFEBRUARY10, 1997;
UNKNOWNTENANTINPOSSESSION1and
UNKNOWNTENANTINPOSSESSION2
Defendants.
/
VERIFIEDCOMPLAINTTOFORECLOSEHOMEEQUITYCONVERSION
MORTGAGE
Plaintiff, REVERSE MORTGAGE SOLUTIONS, INC., sues Defendants, NEIL J.
GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES OF THE GILLESPIE FAMILY
LIVINGTRUSTAGREEMENTDATEDFEBRUARY10,1997;OAKRUN HOMEOWNERS
ASSOCIATION, INC.; UNITED STATES OF AMERICA, ON BEHALF OF THE
SECRETARY OF HOUSING AND URBAN DEVELOPMENT; ELIZABETH BAUERLE;
752670 12-02121-2

Neil Gillespie
Page 1of 1
1/28/2014
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala Florida 34481
Telephone: 352-854-7807
Document Number
FEI/EIN Number
Date Fi l ed
State
Status
Last Event
Event Date Fi l ed
MCCALLA RAYMER, LLC
M11000002235
582145201
05/04/2011
GA
INACTIVE
09/27/2013
NONE
Pri nci pal Address
ATLANTA, GA 30328
Mai l i ng Address
ATLANTA, GA 30328
Name & Address
Title MGR
STONE, MARTY
ATLANTA, GA 30328
Title MGR
SILVER, ADAM
Title MGR
MCGHEE, CARL
ATLANTA, GA 30328
Title MGR
REISS, WENDY R
ATLANTA, GA 30328
Title MGR
ALTOM, KENT
ATLANTA, GA 30328
Title MGR
BOND, J ANE
ATLANTA, GA 30328
Annual Reports
2012 01/24/2012
Document Images
THEFLORIDABAR
JOHN F.HARKNESS,JR. TALLAHASSEE, FL 32399-2300 850/561-5600
EXECliTIVEDIRECTOR WWW.FLORIDABAR.ORG
January21,2014
Mr. NeilJ. Gillespie
8092 S.W. 115Tl1Loop
Ocala, FL34481
DearMr. Gillespie:
ReferenceyourletterdatedJanuary 14,2014.
YourrequestforanextensionuntilFebruary7, 2014tosubmityourrebuttalis granted.
Sincerely,
.
Q..
. I"':' .. ..... .. .... ... .... ..---1 (,.-

TheodoreP. LittlewoodJr., BarCounsel
cc: Mr. BarryRodneyDavidson
,r'. r . ,.., r"7 r ' " " "fIr rrr 1r r " It t, ,

THE FLORIDA BAR
iI
651 EAsT JEFFERSON STREET
5
a: 5
A. '" TALLAHASSEE, FL 323992300
j
" ..,;

.
Hasler
01/21/2014
In;ti''iBffil
-.- ... --e;

Ivtr. Neil J. Gillespie
8092 S.W. 115Th Loop
Ocala., FL 34481
.,
FiRST-Cl.J'2,SS
$OO.46
Q
ZIP 32399
0'1101-1637246
3448i :i:35E:7 Ri:=E:7
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VIA UPS No. 1Z64589FP297361600 J anuary 14, 2014
The Florida Bar
Dear Mr. Littlewood:
I received on J anuary 10, 2014 a response from Barry Davidson for Ms. Parsons, copy
enclosed/attached. I request additional time to submit a rebuttal to Mr. Davidsons response for
Ms. Parsons, to and including February 7, 2014.
My Petition No. 13-7280 for writ of certiorari to the U.S. Supreme Court was denied J anuary 13,
2014. I will submit a petition for rehearing, which I believe is due February 7, 2014. This
petition concerns, inter alia, the wrongful foreclosure of my HECM reverse mortgage initiated
by Reverse Mortgage Solutions, Inc., a client of Ms. Parsons.
Mr. Davidson did not provide me a copy of his response for Ms. Martinez whom he claims to
represent in UPL Investigation Case No. 20143031(9A). I demand a copy of Mr. Davidsons
response, if any, for Ms. Martinez. It was my understanding that he was required to provide me a
copy of his responses to my complaints to The Bar. A call to his office claimed The Bar told him
not to provide me a copy. Ms. Coaxum said during my phone call today that she is sending me a
copy of the response. So this matter needs clarification, in writing to all necessary persons.
Mr. Davidson wrote I expect to respond to Ms. Coaxum's specific questions by mail today or
tomorrow and will not further deal with Mr. Gillespie's complaints regarding Ms. Martinez in
this response. I object to Mr. Davidsons refusal to respond my allegations of Ms. Parsons
misconduct as the attorney responsible for supervising paralegal Martinez. A member of The
Florida Bar is responsible for the work of a paralegal. Rule 10-2.1(b). I ask that you take a
failure or refusal to respond by Mr. Davidson as an admission of Ms. Parsons guilt.
Enclosed is my ethics inquiry for Mr. Davidson for violation of the Rules of Professional
Conduct, and referral to law enforcement for violation of F.S. 837.06, False official statements.
Mr. Davidson falsely stated in his letter to you J anuary 8, 2014, page 2, that I,
named as apparent parties Former President J immy Carter and the United Nations
in Petition No. 13-7280. President Cater and the United Nations are not parties.
775.082 or s. 775.083.
It appears from his comnlunication that Mr. Davidson has had extensive ex parte communication
with you and Ms. Coaxum, and that he is on familiar terms with you as "Ted". I object to ex
parte communication generally. If ex parte contact is permitted in this matter, I want a citation to
rule or law, and a copy of the ex parte contact or transcript of oral ex parte communication.
I anl sending this letter and inquiry/complaint for Mr. Davidson to Adria Quintela, the newly
appointed Directory of Lawyer Regulation, and other Bar public officers or enlployees. I want to
discuss this matter with Ms. Quintela by telephone as soon as possible. Thank you.
Sincerely,
Telephone: 352-854-7807
Enclosures
HUNTON& WILLIAMS LLP
HUNTON&!
SABADELLFINANCIAL
SUITE2500
1111 BRICKELLAVENUE WILUAMS
FL 33131
TEL 305810-2500
FAX 305-810..2460
BARRYR. DAVIDSON
DIRECTDIAL:305810-2539
EMAlL: bdavidson@hunton.com
January8, 2014 FILENO:
VIAOVERNIGHT ANDUSMAIL
TheodoreT. Littlewood,Jr.,
BarCounsel
AttorneyConswnerAssistanceProgram
TheFlorida Bar
Tallahassee,Florida 32399-2300
Re: ComplaintbyNeilJ. GillespieagainstDanielle NicoleParsons
TheFloridaBarFileNo.: 2014..30,525(9A)
DearTed:
AsyouknowfrommypreviousletterofDecember20,2013,myfinnand IrepresentDanielle
NicoleParsonsandparalegalYolandaI. MartinezinregardtotheabovereferencedComplaint
submittedbyNeilJ. Gillespie. ThefollowingconstitutestheresponseonbehalfofMs.
Parsons. Asreferencedinmypreviousletterandasdiscussedwithyou, aresponseonbehalf
ofMs. MartinezisproperlydueinregardtoanyUPLcomplaintlodged. Infact, onDecember
24,2013,BranchUPLCounselGhuniseCoaxumwroteMs. Martinezregarding UPL
investigation,CaseNo. 20143031(9A). AcopyofMs. Coaxum'sletterisenclosedasisacopy
ofnlYresponse. Iexpecttorespondto Ms. Coaxum'sspecificquestionsbymailtodayor
tomorrowandwillnotfurtherdealwithMr. Gillespie'scomplaintsregardingMs. Martinezin
thisresponse.
ReducingMr. Gillespie's23 pagecomplaintto itsessence,heiscomplainingaboutseveral
scrivenerserrorsrelatedto theforeclosurecomplaintfiledagainsthimandothers.
1
While
1TheclaimsofMr. GillespierelatingtoconductintheFederalAction hecreatedbyremoving
theforeclosurearealsowithoutmerit. HecOlnplainsthatMs. Parsonsmisrepresentedthedatethathe
had filed his motionto dismissbytwodays,February6, 2013 insteadofFebruary4,2013. No
prejudiceisshownforthemisunderstandingbyMs. TheclaimofexpartecOlnn1unication by
FederalJudicialOfficers is particularlyinappropriatebecauseit is basedon apurported
misunderstandingof theFederalCM/ECF filingproceduresandthenbeliedbyMr. Gillespiein his
subsequentdiscussion in which itis obvioushe understandsthesystem-SeeSectionVI ofhisBar
complaint.
HuNroN&
WILLIAMS
January8, 2014
Page2
theseerrorsareregrettable,theycertainlydonotrisetothelevelofviolationofanyFloridaBar
rulesgoverninglawyer'sconduct. EquallyimportanttheyhavenotprejudicedMr. Gillespiein
anywayashehasacompleteandaccurateunderstandingoftIle foreclosureagainsthimas
showninhisStateCourtMotiontoDismissattachedtohisBarcomplaintasExhibit18.
ThefirsterroraboutwhichMr. Gillespiecomplainsislabelingthecaseacommercial
foreclosureonthe 1.997coversheetandhe"speculatesthisdishonestywastomakedifficult
assertingconsumerdefenseclaims". Notonlyisthissheerspeculationbutitistotally
unfounded..simplyputcivilCoversheetsdo notcircumscribetheboundariesofpleading-
complaintsdo.
Next,becauseofmislabelingofexhibitsreferencedinparagraph2oftheforeclosurecomplaint
asExhibitsAandBbutmistakenlylabeledExhibits 11 and 12heclaimsthatMs. Parsons
verification of thecomplaint togetherwitha verificationby DebbieSims,vice-presidentof the
foreclosureplaintiffReverseMortgageSolutions,Inc. constituteviolationofRule4-3.3 in
regardtoParsons,fraud onthecourtbySimsandagainaviolationof manyBarRules for
submissionof theverifiedcomplaintbyMs. ParsonswiththepurportedfalsestatementbyMs.
Sims. Again,thesearescrivenerserrorsandresultedinno prejudicewhatsoevertoMr.
Gillespieintheforeclosureactionandcertainlydo notconstituteviolationof BarRules. The
sameconclusionappliesto thefailureto labeltherelevantassignmentofthemortgageas
ExhibitCasrecitedinparagraph3oftheforeclosurecomplaint. Therelevantassigmnentwas
attachedbutnotso labeled.
I also acknowledge receiptof your letterof December 23,2013 with the additional
correspondencefromMr. Gillespie. Idonotbelievehis submissionhasanyrelevanceto his
originalcomplaintandthereforeseeno needto respondtothissubmission.
Finally,whileitdoesnotrelatedirectlytothenleritsofthecomplaintsbyMr. GillespieIdo
thinkitrelevantinregardtocredibilitytonotethathehas: 1)petitionedtheUS SupremeCourt,
PetitionNo. 13-7280,concerningremandof hisattempttomovetheforeclosureto Federal
CourtandnamedasapparentpartiesFormerPresidentJinunyCarter,FloridaAttorneyGeneral
PamBondi,andtheUnitedNations. TheFloridaBarisalsosuggestedas a"cross-party." 2)
filedan"Appeal"totheUnitedNationsonOctober25,2013 seekingprotectionfrom political
persecutionintheUnitedStatesfromTheFloridaBar,thelawfirm ofRyanetai,U.S. Judge
TerrellHodgesandFloridaattorneyEugeneP. Castagliuolo. 3)petitionedtheUS Supreme
CourtinregardtoproceedingsintheThirteenthJudicialCircuitofFlorida,PetitionNo. 12-
7747and4)heissubjectto investigationbytheFloridaBarforUPLinmatternumber
20133090-5.
HUNTON&
WIlLIAMS
January8,2014
Page3
Inconclusion,whilethescrivenerserrorsdiscussedwerecertainlynotappropriate,they
unmistakablycausedno prejudicewhatsoevertoMr. Gillespieintheforeclosureactionand
certainlydo notconstituteviolationoftheBarRulesGoverningAttorneyconduct. Thismatter
shouldbedismissed. Ofcourse,Iamavailableforanyquestionsyoumayhave.
TheCertificateofDisclosuresignedby Ms. ParsonwillbeforwardedtoyoudirectlybyMs.
Parsons.
Cordiallyyours,
BarryR. Davidson
Enclosures
cc: Complainant:NeilJ. Gillespie
8092 SW 11S
th
Loop
Ocala, FI 34481
Email:neilgillespie@mfi.net
. .
'" f.f __ f' '" f. _ : : _+. f" : 0 0_. '....0.: ... :.
........... "to II : ~ - :p f : ,,': , ~ : .o _ .o
TheFlorida Bar
TheGatewayCenter
John F. Harkness,Jr.
Orlando,FlorJda32801-1050
(407) 425-0473
ExecutiveDirector www.FLORIDABAR.org
December24,2013
Ms. YolandaI. Martinez
225E. RobinsonStreet
Suite660
Orlando,FL32801
Re: Unlicensed Practiceof Law Investigationof Yolanda I. Martinez
CaseNo. 20143031(9A)
DearMs.Martinez:
IamBarCOWlsel ~ t h the Unlicensed Practice of LawDepartment of TheFloridaBar in
Ottlando. NeilJ. Gillespiehasallegedthatyouengagedintheunlicensedpracticeoflawontwo
(2)occasionswhenyoucommtmicatedwith himbye-mail. Ihaveenclosedacopyofthe
complaintfor your reference;however, thespecificactsareonpages7and 15.
CanyoupleaseprovideawrittenresponsetoMr. Gillespie'sallegationsthatyouengagedin the
unlicensedpracticeoflawwhenyousenthimthefollowinge-mails:
OnFebruary21,2013: OurresponsetoyourMotiontoDismissisduetodayper
theFederalCourtRulesandatthistimewearerequestinganextensionoftimetofuea
replytotheMotiontoDismissof20daysoronorbeforeMarch13,2013.
On August 7, 2013: The 11
th
Circuit Court of Appeals 1188 rendered its decision and has
deniedyourMotionforReconsiderationasyoucanseefromtheattachedOrder. Inthat
regard,kindlyadviseastoyouravailabilityforahearingintheCircuitCourt.
Thankyou.
YolandaI.Martinez
Paralegalto: DanielleN.Parsons
- .' - ,:'.- _.,', I ~ , : _: ',- -., .':. :. P : P." ,': ' .... ;., J : ~ - - . , ". .. ....
.. . . ,..
. ...
. ~ . .,
Ms. Yolanda I. Martinez
Page 2
December 24, 2013
A response from you will assist me in determining how to handle this matter.
Thank you for your cooperation.
Sincerely,
Ghunise L. Coaxum
Branch UPL Counsel
UPL Department, Orlando
OLe/ct
Enclosure
HUNTON&WILLIAMSLLP
HuNToN&
111]BRICKELLAVENUE
SUrrB2500
MIAMI,FLORIDA33131
WILUAMS
TEL 3058102500
FAX 305810'2460
BARRYR.DAVIDSON
DIRECTDIAL:305 810'2539
EMAIL:BDAVIDSON@HUNTON.COM
January2,2014
FII.,pNO: 99913.000033
ViaFederalExpress
TheFloridaBar
GhuniseL.Coaxum
BranchUPLCounsel
UPLDepartment,Orlando.
Orlando,Florida32801-1050 .
Re: UnlicensedPracticeof LawInvestigationof YolandaI.Martinez
CaseNo.20143031(9A)
DearMs.. Coaxum:
ThislawfmnandIrepresenttheMcCallaRaymerlawf1I111 andinthatregardIhaveacopy
of yourDecember24,2013lettertoMcCallaRaymerparalegalYolandaI.Martinez. Iwillbe
representingMs.. Martinezin regardtothereferencedU.P.L, investigation. Iappreciateyour
targetedrequestforaresponseandanticipatebeingabletoprovidethatresponseearlynext
week.
Shouldyouhaveanyquestionspleasedon'thesitatetocontactme.
Cordiallyyours,
c ~ ~
BarryR. Davidson
ATLANTA AUSTIN BANGKOK BEUING BRUSSELS CHARLOTTE DALLAS HOUSTON LONDON LOSANGELES
McLEAN MIAMI NEWYORK NORFOLK RALEIOH RICHMOND SANFRANCISCO TOKYO WASHINGTON
www.hunton.eom
Jim:nif tn' fnllillitl .11".1" iJ4"I!'ti.r'f'tdf .'.:.. __ & iI!' 'Illultr-,"*' .1iIiI..-r_I'Jrr'.' IIl-IiII_..... ::........1'- ... ,'IE-
u.s. POSTAGEPITNEY BOWES
HUNTON" wnLIAMS LLP
HuNToN&;: 1111 BRICKELL AVENUE
__
SUITE2S00
MIAMI, FLORIDA 33131-3126
WILLIAMS
ZIP 33-131 -$ 000 66
02
0001362243JAN 08 2014
Neil ). CaUcspie
8092 S'v\' Loop
OCctJa, FI 34481
3=:+==+8 i 356"7:::12
JJI jJJJj,lJiJJJJIJi Jl1' Ijll' jl" JI/11'fJJJIJjll'JI'i,jilJ' illIii,

Neil Gillespie
Page 1of 1
1/28/2014
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala Florida 34481
Telephone: 352-854-7807
Document Number
FEI/EIN Number
Date Fi l ed
State
Status
Last Event
Event Date Fi l ed
MCCALLA RAYMER, LLC
M11000002235
582145201
05/04/2011
GA
INACTIVE
09/27/2013
NONE
Pri nci pal Address
ATLANTA, GA 30328
Mai l i ng Address
ATLANTA, GA 30328
Name & Address
Title MGR
STONE, MARTY
ATLANTA, GA 30328
Title MGR
SILVER, ADAM
Title MGR
MCGHEE, CARL
ATLANTA, GA 30328
Title MGR
REISS, WENDY R
ATLANTA, GA 30328
Title MGR
ALTOM, KENT
ATLANTA, GA 30328
Title MGR
BOND, J ANE
ATLANTA, GA 30328
Annual Reports
2012 01/24/2012
Document Images
THEFLORIDABAR
JOHNF.HARKNESS,JR. TALLAHASSEE,FLORIDA32399-2300 850/561-5600
EXECUTIVEDIRECTOR
www.FLORIDABAR.ORG
December23,2013
Mr. BarryRodneyDavidson
1111 BrickellAveFI25
Miami,FL33131-3101
DearMr. Davidson:
Enclosed please find a copy ofadditional correspondence received from Mr. Gillespie. Please
review this and incorporate your client's position in your response, ifyou have not already
forwarded your response to this office. Ifyou have already forwarded your response, please
addressanynewissuesraisedinafollow-upresponsenolaterthanJanuary9, 2014.
Please use the above-referenced case number on all correspondence with this office regarding
thismatter.
PleasebeadvisedthatyourclientisobligatedtoprovidetheBarwithawrittenresponsepursuant
toR. RegulatingFla. Bar4-8.4(g).
Sincerely,
cc: Mr. NeilJ. Gillespie
Enclosure
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BARRY R. DAVIDSON
DIRECT DIAL: 305-8]0-2539
EMAIL: bdavidson@hunton.com
December20, 2013 FILE NO:
VIAOVERNIGHT ANDUS MAIL
TheodoreT. Littlewood,Jr.
BarCounsel
TheFloridaBar
Tallahassee,FI 32399-2300
Re: ComplaintbyNeil J. GillespieagainstDanielle NicoleParsons
TheFloridaBarFileNo.: 2014-30,525 (9A)
DearTed
Thiswillconfirmourconversationtodayinwhichyou graciouslyagreedthatI mayhavean
additionaltwenty(20) days inwhichto respondto theabovereferencedcomplaintonbehalfof
myclientDanielleNicoleParsons. IalsorepresentparalegalYolandaI. Martinezandwillnot
respondto allegationsinthecomplaintwhichreferenceherandallegedUnlicensedPracticeof
LawsinceaseparateUPLcomplainthasbeenfiled againstheranditwillbeappropriateto
respondtothatcomplaintonherbehalf.
Thankyou for yourcourtesy. BestwishesfortheHolidays.
Cordiallyyours,
BarryR. Davidson
December20, 2013
Page2
cc: Complainant: NeilJ. Gillespie
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JOHNF.HARKNESS,JR. 1000 LEGIONPLACE,SUITE 1625 LTPL DEPARTMENT407/425-0473
EXECUTIVEDIRECTOR ORLANDO,FL32801-1050 WWW.FLORIDABAR.ORG
December10,2013
Mr.NeilJ. Gillespie
8092SW11S
th
Loop
Ocala,Florida34481
Re: Yourinquiry/complaintagainstDaIlielleNicoleParsons
DearMr. Gillespie:
Thisistoacknowledgereceiptof yourinquiry/complaintagainstDanielleNicoleParsons. Since
Ms. Parsonsisamemberof TheFloridaBar,thisiswithinthejurisdictionof theAttorney
ConsumerAssistanceProgram. Bycopyof thisletter,Iamforwardingtheinformationto
Tallahasseeforfurtherreview.
ThankyouforbringingthismattertotheattentionofTheFloridaBar.
Sincerely,
GhuniseL. Coaxum
BranchUPLCounsel
UPLDepartment- Orlando
GLC/ct
cc: ShannellSchuyler
ACAP
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THEFLORIDABAR
JOHNF.HARKNESS,JR. TALLAHASSEE,FL 32399-2300 850/561-5600
EXECUTIVEDIRECTOR WWW.FLORIDABAR.ORG
December6, 2013
Ms. DanielleNicoleParsons
225 ERobinsonStSte660
Orlando,FL32801-4321
DearMs. Parsons:
Enclosed is a copy ofan inquiry/complaint and any supporting documents submitted by the
above referenced complainant(s). Your response to this complaint is required under the
provisionsofRule 4-8.4(g), Rules ofProfessional Conductofthe Rules Regulating The Florida
Bar, andis dueinourofficebyDecember20,2013. Responsesshouldnotexceed25 pagesand
may refer to any additional documents or exhibits that are available on request. Faillire to
provideawrittenresponseto thiscomplaintis initselfaviolationofRule 4-8.4(g). Pleasenote
that any correspondence must be sent through the u.s. mail; we cannot accept faxed material.
You arefurtherrequiredto furnish thecomplainantwitha completecopyofyourwritten
response,includinganydocumentssubmittedtherewith.
Please note that pursuant to Rule 3-7.1(b), Rules ofDiscipline, any reports, correspondence,
papers, recordings and/ortranscripts ofhearings received from eitheryou orthe complainant(s)
shall become a part ofthe public record inthis matterand thus accessible to the public upon a
disposition ofthis file. It should be noted that The Florida Bar is required to acknowledge the
status ofproceedings during the pendency ofan investigation, ifa specific inquiry is made and
the matteris deemedto be inthe publicdomain. Pursuantto Rule 3-7.1(t), RulesofDiscipline,
you are further required to complete and return the enclosed Certificate ofDisclosure form.
Further, please notify this office, in writing, ofany pending civil, criminal, or administrative
litigationwhichpertainstothisgrievance. Pleasenotethatthis is acontinuingobligationshould
newlitigationdevelopduringthependencyof thismatter.
Ms. Danielle Nicole Parsons
December 6, 2013
Page Two
Finally, the filing of this complaint does not preclude conlmunication between the attorney and
the complainant(s). Please review the enclosed Notice for information on submitting your
response.
Sincerely,
.
.
. .............. Q,1I.

Theodore P. Littlewood Jr., Bar Counsel
ACAP Hotline 866-352-0707
Enclosures (Certificate of Disclosure, Notice of Grievance Procedures, Copy of Complaint,
Notice - Mailing Instructions)
cc: Mr. Neil J. Gillespie
NOTICEOFGRIEVANCEPROCEDURES
1. The enclosed letter is an informal inquiry. Your response is required under the
provisions ofThe Rules Regulating The Florida Bar 4 8.4(g), Rules ofProfessional Conduct.
FailuretoprovideawrittenresponsetothiscomplaintisinitselfaviolationofRule4 8.4(g). If
you do not respond, the matter will be forwarded to the grievance committee for disposition in
accordancewithRule3-7.3 of theRulesofDiscipline.
2. Many complaints considered first by staff counsel are not forwarded to a grievance
committee, as they do not involve violations ofthe Rules ofProfessional Conduct justifying
disciplinaryaction.
3. "PursuanttoRule3-7.I(a),RulesofDiscipline,anyresponsebyyouintheseproceedings
shall becomepartofthepublicrecordofthismatterandtherebybecomeaccessibletothepublic
upon the closllre ofthe case by Barcounselorupon a finding ofno probable cause, probable
cause, minor misconduct, or recommendation ofdiversion. Disclosure during the pendency of
aninvestigationmaybe made onlyas to statusifaspecific inquiryconcerningthis caseis made
andifthismatterisgenerallyknowntobeinthepublicdomain."
4. The grievance committee is the Bar's "grandjury." Its function and procedure are set
forth in Rule 3-7.4. Proceedings before the grievance committee, for the most part, are non-
adversarial in nature. However, you should carefullyreview Chapter3ofthe Rules Regulating
TheFloridaBar.
5. Ifthe grievance committee finds probable cause, formal adversarial proceedings, which
ordinarilyleadtodispositionbytheSupremeCourtofFlorida,willbecommencedunder
3-7.6,unlessapleaissubmittedunderRule3-7.
NOTICE
MailingInstructions
The FloridaBarconverts its disciplinary files toelectronic media. All submissions are being scanned
into an electronic record hard copie.s are discarded. To help ensure the timely ofyour
inquiry/complaint,pleasereviewthefollowingguidelinespriorto sublnittingittoouroffice.
1. Please limit your submission to no more than 25 pages including exhibits. Ifyou have
additional documents available, please make reference to them in your written submission as
available upon request. Should Bar counsel need to obtain copies ofany such documents, a
subsequentrequestwillbesenttoyou.
2. Please do not .bind, or index your documents. You may underline but do not highlight
documents under anycircumstances. We documents for use in our disciplinary files and
when scanned, your doculnent highlighting will eith.er not be picked up or may obscure any
underlyingtext.
3. Please refrain from attaching mediasuch asaudio tapes orCDs, oversized or.
photographs.Wecannotprocfssanyn:ediathatcannotbescannedintotIleelectronicrecord.
4. Please do not submit your original documents. All documents will be discarded after
scan.ning and we will not be able to return any originals" submitted to our office. The only
originaldocument.thatshouldbeproyidedtoourofficeis theinquiry/complai?tform.
5. Please do notsubmit confidential or privileged information. Documents submitted to our
office become public rec.ord. Confidential/privileged information should be redacted. Such
infonl1ationincludes,butis notlill1itedto,ballkaccountnumbers, socialsecuritynumbers, credit
card ac.count nUlnbers, 111edical records, dependency nlatters, termination ofparental rights,
guardianadlitemrecords, childabuserecords, adoptionrecords, doclilnentscontainingnamesof
lninorchildren, original birth and death certificates, BakerActrecords, grandjuryrecords, and
juvenile delinquency Ifinformation ofthis nature is important to your submission,
pleasedescribethe natureofthe infonnation and indicate that it is available uponrequest. Bar
counsel will contact you to make appropriate arrangements for the protection ofany such
infonnation that isrequiredaspart of theinvestigation of the .complaint.
Pleasebeawarethatmaterialsreceivedthatdonotmeettheseguidelinesmaybereturned. ThaJ.lk
youforyourconsiderationinthisrespect.
THE FLORIDA BAR
JOHN F. HARKNESS, JR. TALLAHASSEE, FL 32399-2300 850/561-5600
EXECUTIVE DIRECTOR WWW.FLORIDABAR.ORG
December 6, 2013
Ocala, FL 34481
Re: Danielle Nicole Parsons; The Florida Bar File No. 2014-30,525 (9A)
Dear Mr. Gillespie:
Enclosed is a copy of our letter to Ms. Parsons which requires a response to your complaint.
Once you receive Ms. Parsons's response, you have 10 days to file a rebuttal if you so desire. If
you decide to file a rebuttal, you must send a copy to Ms. Parsons. Rebuttals should not exceed
25 pages and may refer to any additional documents or exhibits that are available on request. Please
address any and all correspondence to me. Please note that any correspondence must be sent
through the U.S. mail; we cannot accept faxed material.
Please be advised that as an arm of the Supreme Court of Florida, The Florida Bar can
investigate allegations of misconduct against attorneys, and where appropriate, request that the
attorney be disciplined. The Florida Bar cannot render legal advice nor can The Florida Bar
represent individuals or intervene on their behalf in any civil or crinlinal nlatter. Further, please
notify this office, in writing, of any pending civil, criminal, or administrative litigation which
pertains to this grievance. Please note that this is a continuing obligation should new litigation
develop during the pendency of this matter.
Please review the enclosed Notice on mailing instructions for information on submitting your
rebuttal.
Sincerely,
~ , ~ . <0 ..:
" . ~ ~ ~ .
Theodore P. Littlewood Jr., Bar Counsel
ACAP Hotline 866-352-0707
Enclosures (Notice of Grievance Procedures, Copy of Letter to Ms. Parsons; Notice - Mailing
Instructions)
cc: Ms. Danielle Nicole Parsons
0
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,-"OPu, THE FLORIDA BAR
FIRST-CLASS MAIL
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TALLAHASSEE, FL 32399-2300 12/06/2013 $00 460
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THE FLORIDA BAR
INQUIRy/COMPLAINT FORM
PART ONE (See Pa2e 1, PART ONE - Required Information.):
Your Name: Neil 1. Gillespie Attorney's Nan1e: Danielle Nicole Parsons
Organization: n/a Address: 225 E. Robinson St., Suite 660
Address: 8092 SW 115th Loop City: Orlando State:
City: Ocala State: FL Zip Code: 32801 Telephone: 407-674-1850
Zip Code: 34481 Phone: 352-854-7807
ACAP Reference No. none
PART TWO (See Pa2e 1, PART TWO - Facts/Alle2ations.): The specific thing or things I am complaining about are:
See accompanying complaint.
PART THREE (See Page 1, PART THREE - Witnesses.): The witnesses in support of my allegations are: [see attached
sheet].
PART FOUR (See Page 1, PART FOUR - Signature.): Under penalties ofperjury, I declare that theforegoing facts are
true, correct and complete.
Date
J ohn F. Harkness, Executive Director Ghunise Coaxum, UPL Bar Counsel
The Florida Bar Florida Bar Orlando Branch Office
651 East J efferson Street 1000 Legion Place, Suite 1625
Tallahassee, FL 32399-2300 Orlando, Florida 32801-1050
Email: jharkness@flabar.org Email: N/A
VIA U.P.S. No. 1Z64589F0392969709 VIA U.P.S. No. 1Z64589FP293587311
Lori Holcomb, UPL Counsel, Unlicensed Patricia M. Moring, Chair
Practice Of Law Standing Committee Fifth Circuit UPL Committee
The Florida Bar, 651 East J efferson Street Moring & Moring, P.A.
Tallahassee, FL 32399-2300 7655 W. Gulf To Lake Hwy. Suite 12
Email: lholcomb@flabar.org Crystal River, Florida 34429-7910
VIA U.P.S. No. 1Z64589FP294475323 Email: pmoring@moringlaw.com
VIA U.P.S. No. 1Z64589FP291806499
December 2, 2013
Florida Bar Complaint against Danielle Nicole Parsons, FL Bar ID 29364, for her own
misconduct, and misconduct in supervision of her paralegal Yolanda I. Martinez.
Note: The Florida Bar is investigating me for UPL for representing my interests in his
matter, the wrongful foreclosure of my homestead on a HECM reverse mortgage.
Dear Ladies and Gentlemen of The Florida Bar:
Enclosed please find a signed Florida Bar inquiry/complaint form for Danielle Nicole Parsons,
FL Bar ID 29364, for her own misconduct, and misconduct in supervision of her paralegal
Yolanda I. Martinez, a non-lawyer. Ms. Parsons and Ms. Martinez are employed by McCalla
Raymer, LLC, 225 E. Robinson St., Suite 660, Orlando, FL 32801.
Wet-ink signed documents were provided to Mr. Harkness. Copies were provided otherwise.
[Rule 2.515(c), Fla.R.J ud.Admin.].
This inquiry/complaint against Danielle Nicole Parsons shows misconduct for Ms. Parsons, some
of which is attributable only to Ms. Parsons. Other misconduct by Ms. Parsons is related to UPL
and fraud of Ms. Martinez. Separately I made a UPL complaint against Yolanda I. Martinez, a
non-lawyer, which is presented with this Bar inquiry/complaint in a Separate Appendix. Due to
The Bars 25 page limit, the UPL Appendix for Ms. Martinez is not provided, but is available on
request. For The Bars convenience all the Exhibits and the UPL Appendix are posted on Scribd.
This inquiry/complaint against Danielle Nicole Parsons also shows misconduct for Ms. Parsons
as the attorney responsible for supervising Ms. Martinez. A member of The Florida Bar is
responsible for the work of a paralegal. Rule 10-2.1(b).
Rules Governing Unlicensed Practice, 10-2 Definitions
Rule 10-2.1. Generally
Florida Bar Complaint, Danielle Nicole Parsons December 2, 2013
McCalla Raymer LLC, Orlando Florida Page - 2
(b) Paralegal or Legal Assistant. A paralegal or legal assistant is a person qualified by
education, training, or work experience, who works under the supervision of a member of
The Florida Bar and who performs specifically delegated substantive legal work for
which a member of The Florida Bar is responsible. A nonlawyer or a group of
nonlawyers may not offer legal services directly to the public by employing a lawyer to
provide the lawyer supervision required under this rule. It shall constitute the unlicensed
practice of law for a person who does not meet the definition of paralegal or legal
assistant to use the title paralegal, legal assistant, or other similar term in offering to
provide or in providing services directly to the public.
Table of Contents
Section I. P. 4 Cases involved, foreclosure of a HECM reverse mortgage; SCOTUS
Section II. P. 5 Rule 4-3.3 Candor Toward The Tribunal; Information Packet, Candor
Toward the Tribunal, UPL-paralegal, federal offenses, judicial misconduct
Section III. P. 7 Ms. Parsons Rule 4-3.3 Candor violations, state court Verified Complaint,
Misconduct by Ms. Parsons in state court, prior to removal to U.S.D.C.
Section IV. P. 13 UPL of paralegal Yolanda I. Martinez in federal court
Section V. P. 18 Fraud or impairment by Ms. Martinez/Ms. Parsons of federal case
Section VI. P. 19 Ex parte communication Ms. Martinez/Ms. Parsons, federal judicial officers
Section VII. P. 20 UPL of paralegal Yolanda I. Martinez in state court
Section VIII. E. 15 UPL investigation of Neil Gillespie for defending foreclosure of his home
Section IX. E. 15 Mr. Rodems legal advice to Gillespie on foreclosure of reverse mortgage
Section X. E. 15 Political persecution of Neil Gillespie by The Florida Bar et al.
Section XI. E. 15 U.S. Congressman Elijah E. Cummings letter to FHFA, McCalla Raymer
Section XII. E. 15 McCalla Raymer LLC, criminal enterprise for Atty. Gen. investigation
Section XIII. E. 15 Disability of Neil J . Gillespie, exploitation by McCalla Raymer/RMS
Overview
Danielle Nicole Parsons represents client Reverse Mortgage Solutions, Inc. by and through
McCalla Raymer LLC, supported by paralegal Yolanda I. Martinez, in cases involving the
disputed foreclosure of my homestead on a Home Equity Conversion Mortgage
1
or HECM, a
FHA
2
reverse mortgage program administered by the United States Department of Housing
and Urban Development. (HUD).
My name is Neil J . Gillespie, a law-abiding, indigent, 57 year-old disabled single man, a
surviving reverse mortgage borrower and homeowner reluctantly appearing pro se to save my
home in a 55+community in Ocala Florida from wrongful foreclosure.

1
12 U.S.C. 1715z20 - Insurance of home equity conversion mortgages for elderly
homeowners, and 24 C.F.R. Part 206, Home Equity Conversion Mortgage Insurance.
2
The Federal Housing Administration (FHA) is a United States government agency.
Ms. Parsons repeatedly violated Rule 4-3.3 Candor Toward The Tribunal. Her Complaint filed in
state court was so misleading that I included The Bars Information Packet, Candor Toward the
Tribunal in my motion to dismiss. Ms. Parsonss misconduct in federal court, her Agreed To
Motion For Extension of Time (Doc. 11) was a fraud on the court aided by paralegal Martinez.
Henceforth I included a printout of The Bars Rule 4-3.3 Candor Toward The Tribunal in my
Rule 11 Motion for Sanctions, and Verified Objection To, And Motion For Relief From, A
Magistrate J udges Order (Doc. 12). I found Ms. Parsons to be a compete liar.
The American Bar Association reported online in the ABA Journal Law News Now a story May
17, 2013 by Debra Cassens Weiss, Law prof confesses: I am a sociopath. The article is adapted
from a memoir called Confessions of a Psychopath: A Life Spent Hiding in Plain Sight, written
under the pseudonym M. E. Thomas. As quoted from the ABA story:
Before becoming a trial lawyer, the author says she prosecuted misdemeanors in the
District Attorneys office and was an associate in a law firm. "My sociopathic traits make
me a particularly excellent trial lawyer," Thomas writes. "I'm cool under pressure. I feel
no guilt or compunction, which is handy in such a dirty business. Misdemeanor
prosecutors almost always have to walk into a trial with cases they've never worked on
before. All you can do is bluff and hope that you'll be able to scramble through it. The
thing with sociopaths is that we are largely unaffected by fear. Besides, the nature of the
crime is of no moral concern to me; I am interested only in winning the legal game."
http://www.abajournal.com/news/article/law_prof_confesses_i_am_a_sociopath/
The American Bar Association reported online in the ABA Journal Law News Now a story
November 13, 2012 by Debra Cassens Weiss, The Legal Field Attracts Psychopaths, Author
Says; Not That There Is Anything Wrong with That. The story appears at the link below.
http://www.abajournal.com/news/article/the_legal_field_attracts_psychopaths_author_says_not_
that_there_is_anything/
Any profession that does not see a problem with attracting Psychopaths will have difficulty
enforcing, for example, The Bars Rule 4-3.3 Candor Toward The Tribunal, inter alia.
Disabled pro se parties are vulnerable to attorney misconduct, which often denies them
meaningful access to justice in court proceedings. The American Bar Association is the national
representative of the legal profession. The ABA has reported in the above cited stories that the
legal field attracts psychopaths and sociopaths. Disabled pro se parties need protection from
opposing counsel who are psychopaths or sociopaths, or who use those psychopathic or
sociopathic litigation tactics, in order to guarantee disabled pro se parties due process and equal
protection rights. Disability accommodation is a reasonable way to assure access legal and court
services in a legal action in an effective and expeditious manner, as required by the Constitution
and laws of the United States of America, and the Constitution and laws of the State of Florida.
Ghunise Coaxum, UPL Bar Counsel, opened a vexatious UPL investigation of me for defending
my interest in this foreclosure, on the complaint of attorney Ryan Christopher Rodems, a partner
in the firm Barker, Rodems & Cook who formerly represented me. The UPL investigation of me
by The Florida Bar is political persecution that also includes U.S. J udge William Terrell Hodges,
and Florida attorney Eugene P. Castagliuolo, in retaliation for my Petition No. 12-7747 to the
U.S. Supreme Court seeking, inter alia, better regulation of the legal profession.
U.S. Congressman Elijah E. Cummings complained to the FHFA, the Federal Housing Finance
Administration, about fraud and misconduct by foreclosure mills, most of whom are Florida law
firms. McCalla Raymer LLC is named in the Congressmans letter to the FHFA. Unfortunately
the Florida Attorney General is not protecting Floridians from lawyers operating as criminals
who are wrongly taking homes from people under color of law without due process.
Section I. Cases involved, foreclosure of a HECM reverse mortgage; SCOTUS
Reverse Mortgage Solutions, Inc. v. Neil J . Gillespie, et al., Marion County Florida, Fifth
J udicial Circuit, No. 42-2013CA-000115-AXXX-XX, a.k.a. case no. 2013-CA-000115.
Presiding. Hon. Hale Ralph Stancil, Florida Circuit Court J udge, trial judge Marion Co.
Reverse Mortgage Solutions, Inc. v. Neil J . Gillespie, et al., removed February 4, 2013 to U.S.
District Court, Ocala Division, Middle District Florida, No. 5:13-cv-00058-WTH-PRL
Presiding. U.S. J udge William Terrell Hodges, Senior Status, trial judge Ocala Division
Presiding U.S. Magistrate J udge Philip R. Lammens, magistrate judge Ocala Division
Reverse Mortgage Solutions, Inc. v. Neil J . Gillespie, et al., U.S. Court of Appeals for the
Eleventh Circuit, No. 13-11585-B.
This matter, inter alia, is before the Supreme Court of the United States, Petition No. 13-7280,
Neil J . Gillespie v. Reverse Mortgage Solutions, Inc. et al. The Florida Bar is a cross-party for
political persecution of me in retaliation for me seeking a First Amendment redress of grievances
in Petition No. 12-7747, and the case with Reverse Mortgage Solutions, Inc. and Neil J . Gillespie
v. Thirteenth J udicial Circuit Florida et al, 5:11-cv-539-WTH-TBS in U.S. District Court, Ocala.
Petition No. 13-7280 alleges UPL by Ms. Martinez in the Table of Contents, and on page 34:
UPL by paralegal Yolanda I. Martinez, McCalla Raymer, Rule 10-2.1(a), Ethics Opinion
70-62, activity which requires the attorney's personal judgment and participation;
Florida Court, see emails Aug-07-2013 Gillespie-Martinez (Sep. Vol. App No. 2);
District Court, see Rule 11 sanction motion (Doc. 15); Rule 55 motion for default
judgment, (Doc. 16); Rule 72/Rule 60(b)(3) Verified Objection to Magistrate Order (Doc.
17); Affidavit 28 U.S.C. 144 (Doc. 22)
If I had more time to make the petition I would have drawn a sharper point on the misconduct of
Ms. Parsons. Still, the pleadings speak for themselves, Ms. Parsons Verified Complaint to
Foreclose Home Equity Conversion Mortgage in Florida case no. 2013-CA-000115, and her
Agreed Motion For Extension of Time (Doc. 11) in federal case 5:13-cv-00058-WTH-PRL.
Section II. Rule 4-3.3 Candor Toward The Tribunal; UPL by a paralegal, federal
offenses, judicial misconduct
RULE 4-3.3 CANDOR TOWARD THE TRIBUNAL
(a) False Evidence; Duty to Disclose. A lawyer shall not knowingly:
(1) make a false statement of material fact or law to a tribunal;
(2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid
assisting a criminal or fraudulent act by the client;
(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to
the lawyer to be directly adverse to the position of the client and not disclosed by
opposing counsel; or
(4) permit any witness, including a criminal defendant, to offer testimony or other
evidence that the lawyer knows to be false. A lawyer may not offer testimony that the
lawyer knows to be false in the form of a narrative unless so ordered by the tribunal. If a
lawyer has offered material evidence and thereafter comes to know of its falsity, the
lawyer shall take reasonable remedial measures.
(b) Extent of Lawyer's Duties. The duties stated in subdivision (a) continue beyond the
conclusion of the proceeding and apply even if compliance requires disclosure of information
otherwise protected by rule 4-1.6.
(c) Evidence Believed to Be False. A lawyer may refuse to offer evidence that the lawyer
reasonably believes is false.
(d) Ex Parte Proceedings. In an ex parte proceeding a lawyer shall inform the tribunal of all
material facts known to the lawyer that will enable the tribunal to make an informed decision,
whether or not the facts are adverse.
Rule 102.1(b) of the Rules Regulating The Florida Bar defines a paralegal as a person who
works under the supervision of a member of The Florida Bar and who performs specifically
delegated substantive legal work for which a member of The Florida Bar is responsible. Only
persons who meet the definition may call themselves paralegals.
Professional Ethics of The Florida Bar (Exhibit 1)
Ethics Opinion 70-62, February 12, 1971
Lay personnel may be used in a law office only to the extent that they are
delegated mechanical, clerical or administrative duties. The attorney may not
ethically delegate to a lay employee any activity which requires the attorney's
personal judgment and participation.
Paralegals in a law office and the unlicensed practice of law.(UPL Update)
Florida Bar News - February 15, 2004, by Ghunise Coaxum (Exhibits 2 and 3)
Attorneys rely on paralegals and other nonlawyer office staff to perform various
activities. Generally, the activity may constitute the unlicensed practice of law if
it is something that requires the attorney's independent judgment and
participation, and it is performed by the paralegal. See, The Florida Bar Ethics
Opinion, 70-62.
Fraud or Impairment of a legitimate government activity, 18 U.S.C. 371
DOJ Criminal Resource Manual 923, paragraph 1
18 U.S.C. 371Conspiracy to Defraud the United States
The general conspiracy statute, 18 U.S.C. 371, creates an offense "[i]f two or more
persons conspire either to commit any offense against the United States, or to defraud the
United States, or any agency thereof in any manner or for any purpose. (emphasis added).
See Project, Tenth Annual Survey of White Collar Crime, 32 Am. Crim. L. Rev. 137,
379-406 (1995)(generally discussing 371).
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00923.htm
925 Obstructing or Impairing Legitimate Government Activity
1739 Offenses Related to Obstruction of J ustice Offenses
Deprivation of rights under color of law, 18 U.S.C. 242
DOJ Summary. Section 242 of Title 18 makes it a crime for a person acting under color
of any law to willfully deprive a person of a right or privilege protected by the
Constitution or laws of the United States.
http://www.justice.gov/crt/about/crm/242fin.php
Conspiracy against rights, 18 U.S.C. 241.
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in
any State, Territory, Commonwealth, Possession, or District in the free exercise or
enjoyment of any right or privilege secured to him by the Constitution or laws of the
United States, or because of his having so exercised the same; or
If two or more persons go in disguise on the highway, or on the premises of another, with
intent to prevent or hinder his free exercise or enjoyment of any right or privilege so
secured
They shall be fined under this title or imprisoned not more than ten years, or both; and if
death results from the acts committed in violation of this section or if such acts include
kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or
imprisoned for any term of years or for life, or both, or may be sentenced to death.
http://www.law.cornell.edu/uscode/text/18/241
Letter May 28, 2013 from U.S. Senator Bill Nelson of Florida, and six pages of information on
making a complaint under the J udicial Conduct and Disability Act of 1980, 28 U.S.C. 351-
364 ("Act"). (Exhibit 10). From page 13 of Petition No. 13-7280:
U.S. Senator Bill Nelson provided in his letter to me May 28, 2013 information on how
to make a complaint of judicial misconduct
3
. I believe the success rate is about zero for a
pro se litigant who makes a complaint of judicial misconduct, regardless of the
complaints merits.
Also, I am not familiar enough with the federal complaint process to make a judicial complaint. I
do not have time to stop and learn the process now. I am trying to save my home from wrongful
foreclosure. J udicial complaints, like Bar complaints, do not provide the complainant with any
useful relief. If time allows later, I may make a complaint then, if needed.
Section III Ms. Parsons Rule 4-3.3 Candor violations, state court Verified Complaint
Impeachment of Ms. Parsons Verified Complaint (Doc. 2)(Exhibit 4) is found in my Motion To
Dismiss Verified Complaint To Forecloses Home Equity Conversion Mortgage, filed February 4,
2013 in state court, and immediately removed to U.S. District Court, Ocala. (Doc. 5)(Exhibit 18)
I only filed one motion to dismiss and noted it was a response for me personally, and as a co-
trustee. For the sake of clarity, I only represent my interest in the trust. The other co-trustee, my
brother Mark Gillespie, is represented by counsel, Kaufman, Englett and Lynd, PLLC, which
filed Notice of Defendants Consent to J udgment in 42-2013CA-000115 for his interests.
Ms. Parsons verification of her Verified Complaint was a defective, a sham. For one thing,
there were no identifiable exhibits attached to the so-called Verified Complaint. The following
text is taken from my motion to dismiss, begining 17, filed as Document 5 in federal court.

3
Filing a Complaint of Judicial Misconduct or Judicial Disability Against A Federal Judge. The
process is governed by the J udicial Conduct and Disability Act of 1980, 28 U.S.C. 351-364
(Act), and Rules for Judicial-Conduct and Judicial-Disability Proceedings, 248 F.R.D. 674
(2008)
PLAINTIFFS DEFECTIVE RULE 1.110(b) VERIFICATION OF THE COMPLAINT
No Identifiable Exhibits are Attached to the Verified Complaint
17. There are no Exhibits attached to the Verified Complaint that are identifiable with the
pleadings. The Verified Complaint alleges at paragraph 2, Copies of the Note and
Mortgage are attached as Exhibits "A" and "B," respectively. This is false. There is
nothing attached as Exhibits "A" and "B," respectively. Instead, defective copies of the
HECM Note and Second Note taken from the HUD complaint appear as Exhibits 11 and
12, and are missing the Direct Endorsement Allonge that became a permanent part of
said Note on May 29, 2008 (Exhibit 4) which date occurred a week before the HECM
closing J une 5, 2008, when the Note and Mortgage were executed and delivered from the
Borrowers to the Lender, Liberty Reverse Mortgage, Inc. Somehow Liberty sold a
nonexistent Note and Mortgage to Bank of America. This is a fatal defect to the chain of
custody of the HECM Note and Mortgage.
18. Likewise, defective copies of the HECM Mortgage and Second Mortgage taken from
the HUD complaint are attached as Exhibits 32 and 33, and show interlineation after
execution, hand-written alterations, not initialed and not dated, which vitiates the
Mortgage. This defect only became known to Neil Gillespie in J uly 2012 when he found
it filed with the Clerk.
19. Paragraph 3 of the Verified Complaint alleges, Copies of the relevant Assignments
of Mortgage are attached as Composite Exhibit "C." This is false. Nothing is attached as
Composite Exhibit "C." Instead, a single unmarked page, Assignment of Mortgage,
March 27, 2012, from Bank of America to the Plaintiff, appears at the end of the Verified
Complaint. Any previous assignments of mortgage are missing.
Ms. Parsons also misidentified this residential homestead foreclosure in a 55+community as a
commercial foreclosure on the Civil Cover sheet Form 1.997 attached to Verified Complaint. I
speculate this dishonesty was to make difficult asserting consumer defense claims.
THIS IS NOT A COMMERCIAL FORCLOSURE Counsels Misrepresentation: Civil
Cover Sheet Form 1.997 attached to Verified Complaint (Exhibit 17, this Bar complaint)
20. Counsel wrongly filed this action as a Commercial foreclosure $50,001 -$249,999
shown on Form 1.997 CIVIL COVER SHEET, II. TYPE OF CASE, attached to the
Verified Complaint, and signed by Plaintiffs counsel Danielle Parsons, who represented
I CERTIFY that the information I have provided in this cover sheet is accurate to the
best of my knowledge and belief. Counsels certification is false. This properly is the
homestead of Neil Gillespie under Section 4, Article X of the Florida Constitution. This
action is a Homestead residential foreclosure $50,001 -$249,999. Oak Run is a
residential senior citizen community. No commercial activity is permitted. The HECM
reverse mortgage was made on the residential property. It appears counsels false
declaration was intended to deceive the Clerk and the Court that this is a commercial
foreclosure, in violation of F.S. 837.06, False official statements.
F.S. 837.06, False official statements is the Perjury chapter
775.082 or s. 775.083.
From my motion to dismiss page 39, 149:
Supreme Court of Florida and The Verification Rule
149. On February 11, 2011, the Supreme Court of Florida decided it was time to address
the so-called lost note count and released In re Amendments to the Florida Rules of Civil
Procedure. Among other things, this opinion called for an amendment to Rule 1.110(b) of
the Florida Rules of Civil Procedure to require verification of mortgage foreclosure
complaints involving residential real property. In an effort to end fraud on the court by
foreclosing plaintiffs, the Supreme Court now required parties to verify, under penalty of
perjury, that the information in the complaint is true and correct to the best of their
knowledge and belief.
150. The Verified Complaint alleges at paragraph 4 entitlement to enforce the Note
and Mortgage, but the Plaintiff has not provided copies of the Note and Mortgage as
pled. Therefore the Verified Complaint fails to state a cause of action and must be
dismissed.
151. The Plaintiff alleged in the Verified Complaint, paragraph 2, Copies of the Note
and Mortgage are attached as Exhibits A and B respectively. Plaintiffs statement is
false. There are no Exhibits A and B attached to the Complaint. The only exhibits
attached to the Complaint are numbered, not lettered. Those exhibits are numbered 11,
12, 32 and 33 and therefore impossible to relate to the Verified Complaint or the
Plaintiffs alleged claims therein.
152. The Verified Complaint, in paragraph 3, states The described subject Mortgage
was subsequently assigned to Plaintiff. Copies of the relevant Assignments of Mortgage
are attached as Composite Exhibit "C." Plaintiffs statement is false. There is no
Composite Exhibit C attached to the Complaint. There is a single page attached
purporting to be an Assignment of Mortgage attached but it is not marked in any way as
an Exhibit or Composite and therefore impossible to relate to the Verified Complaint or
the Plaintiffs alleged claims therein..
153. The Verified Complaint is verified pursuant to Rule 1.110(b), Fla. R. Civ. P., by
Debbie Sims, Vice President, Reverse Mortgage Solutions, Inc., on December 20, 2012,
and includes the following statement:
UNDER PENALTY OF PERJ URY, I declare that I have read the foregoing and that the
facts alleged therein are true and correct to the best of my knowledge and belief.
154. Debbie Sims, under penalty of perjury, declared that she read the Verified
Complaint and that the facts alleged therein were true and correct. The Verified
Complaint at paragraph 2 states a fact: Copies of the Note and Mortgage are attached as
Exhibits A and B respectively. This fact is not true and correct. This statement is
false. Exhibits A and B are not attached.
155. Debbie Sims, under penalty of perjury, declared that she read the Verified
Complaint and that the facts alleged therein were true and correct. The Verified
Complaint at paragraph 3 states a fact: Copies of the relevant Assignments of Mortgage
are attached as Composite Exhibit "C." This fact is not true and correct. This statement
is false. Composite Exhibit C is not attached.
FRAUD ON THE COURT
Perjury by Debbie Sims Intended to Mislead the Court
157. The Defendants respectfully requests the Court on its own initiative to DISMISS
WITH PREJ UDICE the Plaintiffs VERIFIED COMPLAINT TO FORECLOSE HOME
EQUITY CONVERSION MORTGAGE as a sanction imposed for perjury by Debbie
Sims who verified for the Plaintiff under penalty of perjury facts as true and correct,
when those facts were not true and correct, contrary to her Verification as Vice President
for the Plaintiff made under Rule 1.110(b) Fla.R.Civ.P.
158. Debbie Sims, by alleging facts under penalty of perjury as true and correct, when
those facts are not true and correct, violated section 837.06, Florida Statutes, False
official statements.
writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
Debbie Sims knowingly made a false statement in writing with the intent to mislead this
Court to benefit the Plaintiff in this HECM reverse mortgage residential home
foreclosure.
Danielle N. Parsons, Esq. - Officer of the Court
Lack of Candor Before The Tribunal
159. Plaintiffs counsel, Danielle N. Parsons, Esq. (Fla. Bar No.: 0029364), submitted
the Verified Complaint to the Court and bears responsibility for perjury by Debbie Sims
made on behalf of the Plaintiff in this residential mortgage foreclosure. As an attorney,
Ms. Parsons is an officer of this Court, and her conduct is subject to judicial supervision
and scrutiny:
Attorney is an officer of the court and an essential component of the
administration of
justice, and, as such, his conduct is subject to judicial supervision and scrutiny.
State ex rel. Florida Bar v. Evans, 94 So.2d 730 (1957).
As an attorney, Ms. Parsons must comply with the Rules of Professional Conduct,
including candor before the tribunal, as described in the Florida Bar Informational
Packet, Candor Before The Tribunal, provided in Defendants Composite A. The
lawyer's duty not to assist witnesses, including the lawyer's own client, in offering false
evidence stems from the Rules of Professional Conduct, Florida statutes, and caselaw.
Rule 4-1.2(d) prohibits the lawyer from assisting a client in conduct that the lawyer
knows or reasonably should know is criminal or fraudulent.
Rule 4-3.4(b) prohibits a lawyer from fabricating evidence or assisting a witness to testify
falsely.
Rule 4-8.4(a) prohibits the lawyer from violating the Rules of Professional Conduct or
knowingly assisting another to do so.
Rule 4-8.4(b) prohibits a lawyer from committing a criminal act that reflects adversely on
the lawyer's honesty, trustworthiness, or fitness as a lawyer.
Rule 4-8.4(c) prohibits a lawyer from engaging in conduct involving dishonesty, fraud,
deceit, or misrepresentation.
Rule 4-8.4(d) prohibits a lawyer from engaging in conduct that is prejudicial to the
administration of justice.
Rule 4-1.6(b) requires a lawyer to reveal information to the extent the lawyer reasonably
believes necessary to prevent a client from committing a crime.
This rule, 4-3.3(a)(2), requires a lawyer to reveal a material fact to the tribunal when
disclosure is necessary to avoid assisting a criminal or fraudulent act by the client, and 4-
3.3(a)(4) prohibits a lawyer from offering false evidence and requires the lawyer to take
reasonable remedial measures when false material evidence has been offered.
Rule 4-1.16 prohibits a lawyer from representing a client if the representation will result
in a violation of the Rules of Professional Conduct or law and permits the lawyer to
withdraw from representation if the client persists in a course of action that the lawyer
reasonably believes is criminal or fraudulent or repugnant or imprudent. Rule 4-1.16(c)
recognizes that notwithstanding good cause for terminating representation of a client, a
lawyer is obliged to continue representation if so ordered by a tribunal.
160. Florida caselaw prohibits lawyers from presenting false testimony or evidence.
Kneale v. Williams, 30 So. 2d 284 (Fla. 1947), states that perpetration of a fraud is
outside the scope of the professional duty of an attorney and no privilege attaches to
communication between an attorney and a client with respect to transactions constituting
the making of a false claim or the perpetration of a fraud. Dodd v. The Florida Bar, 118
So. 2d 17 (Fla. 1960), reminds us that "the courts are . . . dependent on members of the
bar to . . . present the true facts of each cause . . . to enable the judge or the jury to
[decide the facts] to which the law may be applied. When an attorney . . . allows false
testimony . . . [the attorney] . . . makes it impossible for the scales [of justice] to balance."
See The Fla. Bar v. Agar, 394 So. 2d 405 (Fla. 1981), and The Fla. Bar v. Simons, 391
So. 2d 684 (Fla. 1980). To permit or assist a client or other witness to testify falsely is
prohibited by F.S. 837.02 which makes perjury in an official proceeding a felony, and
by F.S. 777.011 which proscribes aiding, abetting, or counseling commission of a
felony.
SANCTIONS: DISMISS THE FORECLOSURE WITH PREJ UDICE
161. The Court has the inherent power to sanction perjury, misconduct and other fraud by
the Plaintiff. A plain reading of section 57.105(1) Florida Statutes shows sanctions may
be awarded upon the courts initiative. The Defendant respectfully requests this Court
sanction the Plaintiff upon the courts initiative and Dismiss the Foreclosure with
Prejudice.
DISABILITY OF NEIL GILLESPIE
162. Neil Gillespie is an indigent, fifty-six (56) year-old single man, law-abiding, late-
in-life college educated, and a former business owner, disabled with physical and mental
impairments. Neil Gillespie has a record of craniofacial disorder and speech impairment
since birth. Neil Gillespie has a record of traumatic brain injury sustained in 1988. The
record shows Neil Gillespie suffers from depression, post traumatic stress disorder
(PTSD), diabetes type II adult onset, traumatic brain injury (TBI), velopharyngeal
incompetence (VPI), craniofacial disorder, and impaired hearing. Social Security
determined Neil Gillespie totally disabled in 1993. The Florida Division of Vocational
Rehabilitation (DVR) approve a rehabilitation plan in 1994, but denied Neil Gillespie
services in 1997 when it determined his disability was too severe for services to result in
employment. Neil Gillespie is also regarded as impaired by others.
163. Neil Gillespie initially requested J anuary 13, 2013 disability accommodation in
this HECM foreclosure to Tameka Gordon, ADA Coordinator, Marion County J udicial
Center, with a copy to Plaintiffs counsel Ms. Parsons. Neil Gillespie will file a motion
under the Americans with Disabilities Act (ADA) with specific requests for disability
accommodation.
Section IV UPL of paralegal Yolanda I. Martinez in federal court
Pleadings showing UPL, or related to Unlicensed Practice of Law, by Ms. Martinez:
Rule 11 Motion For Sanctions Danielle N. Parsons McCalla Raymer, LLC
Document 15, filed February 26, 2013
Rule 55 Motion For Default J udgment, Document 16, filed February 26, 2013
Rule 72/Rule 60 Verified Objection, Motion For Relief, Magistrate J udges Order (Doc.
12) Document 17, filed March 5, 2013
Affidavit of Neil J . Gillespie, 28 U.S.C. 144, Document 22, filed April 8, 2013.
My Rule 11 Motion shows Ms. Martinez engaged in UPL by email Thursday, February 21,
2013 2:52 PM as held in Ethics Opinion 70-62 when she engaged in activity which requires
the attorney's personal judgment and participation. [Ethics Opinion 70-62]
Specially, Ms. Martinez:
1. Conducted with me by email a conference pursuant to Local Rule 3.01(g), M.D. FL
2. During the Rule 3.01(g) conference, Ms. Martinez knowingly misrepresented to me by
email the legal date Plaintiffs response to my Motion to Dismiss was due:
Our response to your Motion to Dismiss is due today per the Federal Court Rules
and at this time we are requesting an extension of time to file a reply to the
Motion to Dismiss of 20 days or on or before March 13, 2013.
The email of Ms. Martinez appears at Exhibit A to my Rule 11 Motion For Sanctions.
(Doc. 15). The email of Ms. Martinez accompanies this UPL complaint as Exhibit 5.
Local Rule 3.01(g):
(g) Before filing any motion in a civil case, except a motion for injunctive relief, for
judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance
of a class action, to dismiss for failure to state a claim upon which relief can be granted,
or to involuntarily dismiss an action, the moving party shall confer with counsel for the
opposing party in a good faith effort to resolve the issues raised by the motion, and shall
file with the motion a statement (1) certifying that the moving counsel has conferred with
opposing counsel and (2) stating whether counsel agree on the resolution of the motion.
A certification to the effect that opposing counsel was unavailable for a conference
before filing a motion is insufficient to satisfy the parties obligation to confer. The
moving party retains the duty to contact opposing counsel expeditiously after filing and
to supplement the motion promptly with a statement certifying whether or to what extent
the parties have resolved the issue(s) presented in the motion. If the interested parties
agree to all or part of the relief sought in any motion, the caption of the motion shall
include the word unopposed, agreed, or stipulated or otherwise succinctly inform
the reader that, as to all or part of the requested relief, no opposition exists.
Ms. Martinez engaged in UPL because a Rule 3.01(g) conference is activity which requires the
attorney's personal judgment and participation. Furthermore, Rule 3.01(g) does not provide for
a conference with an unrepresented nonlawyer party. I am not a lawyer, and am not subject to the
plain language of the local rule, which specifies opposing counsel or counsel.
Plaintiffs counsel Ms. Parsons did not respond to any of my Rule 3.01(g) attempts to confer, and
I noted her failure in the three pleadings above.
Ms. Martinez further engaged in UPL by purporting to determine a legal deadline to respond to
my motion to dismiss under Federal Court Rules; Ms. Martinez knew the information she
provided was wrong, and provided with a corrupt purpose. Notwithstanding the knowing
falsehood with malice aforethought about the deadline, she waited until 1 hour and 8 minutes
before the Court closed at 4:00 PM. This is not a good faith effort under Rule 301(g).
My Rule 55 Motion For Default J udgment, Document 16, filed February 26, 2013, shows:
1. Rule 55(a), F.R.C.P., Entering a Default. When a party against whom a judgment for
affirmative relief is sought has failed to plead or otherwise defend, and that failure is
shown by affidavit or otherwise, the clerk must enter the party's default. In this case the
Plaintiff failed to respond within 14 days (Rule 12(a)(4)) to Gillespies motion to dismiss
filed February 4, 2013. The time for default was February 19, 2013
4
. The Plaintiff has
defaulted and Gillespie is entitled to a Default J udgment.
2. Gillespie filed contemporaneously with this motion a Rule 11 Motion for Sanctions
against Plaintiffs Counsel Danielle N. Parsons and the law firm McCalla Raymer, LLC.
The motion shows that Ms. Parsons mislead the Court and Gillespie in her Agreed
Motion For Extension of Time (Doc. 11). Ms. Parsons and her staff also misled
Gillespie regarding the good-faith conference pursuant to Middle District Local Rule
3.01(g). Gillespie respectfully incorporates his Rule 11 Motion for Sanctions into this
Rule 55 Motion for Default J udgment.
3. In reliance upon Ms. Parsons misrepresentations, this Court entered an Order (Doc.
12). Unfortunately, due to Ms. Parsons misrepresentations to the Court in her Agreed
Motion For Extension of Time (Doc. 11), the Order should rescind the Order. (Doc. 12).

4
The Court was closed Monday February 18, 2013 for Presidents Day, the actual due date.
My Rule 72/Rule 60 Verified Objection, Motion For Relief, Magistrate J udges Order (Doc.
12) Document 17, filed March 5, 2013.
Appearing pro se, Defendants, NEIL J . GILLESPIE, and NEIL J . GILLESPIE CO-
TRUSTEE, (herein after Gillespie) hereby make a verified objection under Fed. R. Civ.
P. 72 to the Magistrate J udges Order (Doc. 12) entered February 22, 2013. In addition to
and in the alternative to the relief sought above, Gillespie moves under Fed. R. Civ. P.
60(b)(3) for relief from the Magistrate J udges Order (Doc. 12) entered February 22,
2013, and states:
1. Magistrate J udge Philip R. Lammens entered an Order (Doc. 12) February 22, 2013
granting the Plaintiff relief based on Ms. Parsons Agreed Motion For Extension of
Time filed the previous day February 21, 2013 (Doc. 11). Unfortunately Ms. Parsons
motion was a fraud on the Court wherein she made false statements and material
misrepresentations, and engaged in misconduct, set forth in Gillespies Rule 11 Motion
For Sanctions Against Danielle N. Parsons and McCalla Raymer, LLC (Doc. 15).
Gillespies Rule 11 motion shows Ms. Parsons missed a deadline to file a response to
Gillespies Motion to Dismiss (Doc. 5), and engaged in fraud, misrepresentation and
misconduct to secure an extension to file a response, when in fact the Plaintiff defaulted
and Gillespie was entitled to a Default J udgment. (Doc. 16). Gillespie moved for Default
J udgment February 26, 2013. (Doc. 16).
2. Ms. Parsons made a number of false statements and material misrepresentations to the
Court in her motion (Doc. 11) intended to mislead the Court and federal judge(s) for the
purpose of advantage to: A. Cover-up Counsels incompetence and lack of diligence for
not timely filing a response to the motion to dismiss, a response due February 19, 2013.
(Rule 12(a)(4)); and B. Trick Gillespie into believing Plaintiffs response was due J anuary
21, 2013, when otherwise he could move for Default J udgment. (Rule 55). (Doc. 15, 8).
3. Gillespie respectfully incorporates into this pleading the following related pleadings he
previously submitted to the Court, including:
Rule 11 Motion For Sanctions Against Danielle N. Parsons And McCalla
Raymer, LLC (Doc. 15), filed February 26, 2013
Rule 55 Motion For Default J udgment (Doc. 16), filed February 26, 2013
Objections To Magistrate J udge Philip R. Lammens Report and
Recommendation, filed March 4, 2013.
4. Ms. Parsons made several material representations to the Court in her Certification
Pursuant To Middle District Local Rule 3.01(g) (Doc. 11) that stated:
Counsel for Plaintiff hereby advises this Honorable Court that it has attempted in
good faith to confer with pro se Defendant, Neil Gillespie via electronic mail as
this is the only form of communication we have. Counsel sent an email to Mr.
Gillespie advising him that we were in need of an extension. Defendant, Neil
Gillespie, has agreed to the within request for an extension of time.
First, Counsel did not contact Gillespie at any time to confer in good faith as required
by Local Rule 3.01(g). Ms. Parsons misled the Court when she wrote electronic mail is
the only form of communication we have. Gillespies home telephone number is
provided on all his pleadings, on his Florida Rule 2.516 notice in state court, and is listed
on the Courts civil docket along with his home address. Ms. Parsons further lied to the
Court when she wrote Counsel sent an email to Mr. Gillespie advising him that we were
in need of an extension. Ms. Parsons did not send Gillespie an email advising that she
was in need of an extension. Instead, Yolanda I. Martinez, paralegal to Ms. Parsons,
contacted Gillespie by email February 21, 2013 at 2.52 PM for the purpose of misleading
Gillespie about the extension: (Doc. 15., 9). (Exhibit A).
Unfortunately Ms. Martinez misrepresented to Gillespie in her email that Our
response to your Motion to Dismiss is due today per the Federal Court Rules...
The statement of Ms. Martinez is false. The Plaintiffs response was due two days
earlier, February 19, 2013. The false statement made in connection with the Local
Rule 3.01(g) was not made in good faith as required, and denied Gillespie
informed consent in which to respond.
5. Ms. Parsons misrepresented to the Court February 21, 2013 in her Agreed Motion For
Extension of Time (Doc. 11) as follows:
In paragraph 1: On or about February 6, 2013, Defendant, Neil Gillespie, filed
its Motion to Dismiss with the Court.
Ms. Parsons statement is false. Ms. Parsons knows that Gillespie filed his Motion to
Dismiss with the Court (Doc. 5) on February 4, 2013, a date certain, and no other date.
Gillespies Motion to Dismiss shows when it was filed on the docket, and on the top of
the document: Case 5:13-cv-00058-WTH-PRL Document 5 Filed 02/04/13 Page 1
of 47 PageID 86
In paragraph 2: Pursuant to the Federal Rules of Civil Procedure, a response is
due to the Motion to Dismiss on or about February 21, 2013.
Ms. Parsons statement is false. In fact, pursuant to the Federal Rules of Civil Procedure
a response was due to the Motion to Dismiss on J anuary 19, 2013
5
, a date certain and no
other date. Accordingly the Plaintiff is in default and Gillespie is entitled to a Default

5
The Court was closed Monday February 18, 2013 for Presidents Day, the actual due date.
J udgment.
7. Gillespie agreed to extend the time for Ms. Parsons to file a response, but that was
based on a false statement by Plaintiffs Counsel [through paralegal Ms. Martinez].
Gillespie did not agree to Counsel making false statements or representations during the
good-faith conference required by Local Rule 3.01(g), and/or filing a false record of
events with the Court, which appears calculated to:
A. Cover-up Counsels incompetence and lack of diligence for not timely filing a
response to the motion to dismiss, a response due February 19, 2013. (Rule
12(a)(4))
B. Trick Gillespie into believing Plaintiffs response was due J anuary 21, 2013,
when otherwise he could move for Default J udgment. (Rule 55).
8. Ms. Parsons further misrepresented to the Court in paragraph 5, No parties will be
prejudiced by the granting of this extension of time. (Doc. 11, 5). Ms. Parsons
statement is false. Gillespie is prejudiced because he is entitled to a Default J udgment.
Gillespie moved for Default J udgment February 26, 2013. (Doc. 16).
14. Gillespie requested in his Notice of Removal (Doc. 1, p 4, 16) that any rulings made
by a U.S. Magistrate J udge be in conformity with the Report and Recommendation
format. The subject Order (Doc. 12) was not made in a Report and Recommendation
format.
My Affidavit of Neil J . Gillespie, 28 U.S.C. 144, Document 22, filed April 8, 2013, shows:
13. U.S. Congressman Elijah E. Cummings wrote February 25, 2011 to Inspector General
Linick of Federal Housing Finance Agency (FHFA) asking that he initiate an
investigation into widespread allegations of abuse by private attorneys and law firms
hired to process foreclosures as part of the "Retained Attorney Network"...
14. The Plaintiff in this case is represented by McCalla Raymer, LLC. The letter of Rep.
Cummings complains about McCalla Raymer, LLC by name:
Another firm in the Retained Attorney Network, McCalla Raymer, L.L.C., is a
defendant in a federal lawsuit in which the plaintiffs allege that it engaged in
fraud, racketeering, and the manufacture of fraudulent foreclosure documents.
Reportedly, this firm established operations in Florida under the name Stone,
McGehee & Silver and hired ten former Stern law firm employees. The firm
Stone, McGehee and Silver, LLC, dba McCalla Raymer currently appears as a
"Designated Counsel/Trustee" in Florida for Freddie Mac.
15. Unfortunately McCalla Raymer, LLC is now doing business in Florida under its own
name in Orlando Florida. I have personal knowledge of this firms misconduct in this case.
16. On February 26, 2013 I filed a Rule 11 Motion For Sanctions Against Danielle N.
Parsons And McCalle Raymer, LLC (Doc 15). The Court has not ruled on my motion.
17. On February 26, 2013 I filed a Rule 55 Motion For Default J udgment (Doc. 16.)
The Court has not ruled on my motion.
18. On March 5, 2013 I filed a Verified Objection To, And Motion For Relief From, A
Magistrate J udges Order (Doc. 12) under Fed. R. Civ. P 72, and Rule 60(b)(3). The
Court has not ruled on my motion.
25. [relevant portion only] [Note: Ms. Parsons of McCalla Raymer, LLC filed a
fraudulent civil cover sheet in the state court foreclosure of the subject mortgage.]
25. (number 25 repeated by mistake in the pleading)Unfortunately, I do not believe I can
get a fair hearing in any Florida state or federal court due to the corrupting power and
influence of The Florida Bar set forth in Petition 12-7747.
Section V Fraud or impairment by Ms. Martinez/Ms. Parsons of the federal case
Evidence shows Yolanda I. Martinez, Danielle N. Parsons, and McCalla Raymer, LLC, engaged
in fraud or impairment of case 5:13-cv-00058-WTH-PRL
My Rule 11 Motion shows Ms. Martinez emailed me Thursday, February 21, 2013 at 2:52.
Ms. Martinez knowingly misrepresented to me by email the legal date Plaintiffs response to my
Motion to Dismiss was due:
Our response to your Motion to Dismiss is due today per the Federal Court Rules
and at this time we are requesting an extension of time to file a reply to the
Motion to Dismiss of 20 days or on or before March 13, 2013.
The email of Ms. Martinez appears at Exhibit A to my Rule 11 Motion For Sanctions. (Doc. 15).
The email of Ms. Martinez accompanies this UPL complaint as Exhibit 5.
In paragraph 1: On or about February 6, 2013, Defendant, Neil Gillespie, filed
its Motion to Dismiss with the Court.
Ms. Parsons statement is false. Ms. Parsons knows that Gillespie filed his Motion to
Dismiss with the Court (Doc. 5) on February 4, 2013, a date certain, and no other date.
Gillespies Motion to Dismiss shows when it was filed on the docket, and on the top of
the document: Case 5:13-cv-00058-WTH-PRL Document 5 Filed 02/04/13 Page 1
of 47 PageID 86
In paragraph 2: Pursuant to the Federal Rules of Civil Procedure, a response is
due to the Motion to Dismiss on or about February 21, 2013.
Ms. Parsons statement is false. In fact, pursuant to the Federal Rules of Civil Procedure
a response was due to the Motion to Dismiss on J anuary 19, 2013[fn2], a date certain and
no other date. Accordingly the Plaintiff is in default and Gillespie is entitled to a Default
J udgment. [fn2] The Court was closed Monday February 18, 2013 for Presidents Day,
the actual due date.
10. Ms. Parsons further misrepresented to the Court in paragraph 5, No parties will be
prejudiced by the granting of this extension of time. Ms. Parsons statement is false.
Gillespie is prejudiced because he is entitled to a Default J udgment....
My Rule 55 Motion For Default J udgment, Document 16, filed February 26, 2013, shows the
Plaintiff defaulted and I am entitled to a Default J udgment.
Section VI Ex parte communication Ms. Martinez/Ms. Parsons, federal judicial officers
Evidence shows Ms. Martinez and Ms. Parsons, thru McCalla Raymers email service, engaged
in ex parte communication with U.S. J udge Hodges and U.S. Magistrate J udge Lammens.
The Order (Doc. 12) entered February 22, 2013 by U.S. Magistrate J udge Lammens arrived by
U.S. Mail first class to me with additional papers that show email communication between the
Court and Yolanda I. Martinez at yim@mccallaraymer.com. This is unusual because the Court
did not communicate by email with Tiffany Caparas of Kaufman, Englett & Lynd, PLLC,
counsel of record for Mark Gillespie et al. [compare, yolanda.martinez@mccallaraymer.com]
Tellingly the Court did not use McCalla Raymers designated primary email for service pursuant
to Fla. R. J ud. Admin 2.516, mrservice@mccallaraymer.com
See Ms. Parsons Notice of Compliance with Rule 2.516 and Designation of Email Address in
state court: MRService@mccallaraymer.com (Exhibit 14)
The Court shows this information on a paper sent to me. (Exhibit 6).
5:13-cv-00058-WTH-PRL Notice has been electronically mailed to: Danielle N. Parsons
dnp@mccallaraymer.com, yim@mccallaraymer.com
The signature block of Ms. Martinezs email shows yolanda.martinez@mccallaraymer.com, but
yim@mccallaraymer.com appears in the caption section of email of Ms. Martinez.
Tellingly the Court did not send email to Tiffany Caparas of Kaufman, Englett & Lynd, PLLC,
counsel of record. Instead Ms. Caparas was provided notice delivered by other means. I got the
notice [the Order Doc. 12] delivered by other means, by US Mail first class. (Exhibit 6).
Tellingly Magistrate Lammens entered the Order (Doc. 12) on Plaintiffs motion the next day.
The Order (Doc. 12) was entered February 22, 2013 but was not mailed to me until February 25,
2013 according to the Courts postage meter imprint. Unfortunately the U.S. District Court for
the Middle District of Florida has a discriminatory pro se policy that prohibits e-filing and access
to the Courts CM/ECF system for pro se litigants, consumers of legal and court services
affecting interstate commerce. My motion has been pending since February 6, 2013 for
authorization to file electronically (Doc. 7), so that I may access legal and court services in this
action in an effective and expeditious manner, as provided by the Constitution and laws of the
United States, and Constitution and laws of the state of Florida.
I requested in my Notice of Removal (Doc. 1, p 4, 16) that any rulings made by a U.S.
Magistrate J udge be in conformity with the Report and Recommendation format. The subject
Order (Doc. 12) was not made in conformity the Report and Recommendation format.
The above email scenario was repeated in the following decisions by the Court:
Order Remanding Case (Doc. 19) by US J udge Hodges, March 7, 2013:
J udgment in a Civil Case (Doc. 20) by Clerk Sheryl L Loesch March 11, 2013,
Order (Doc. 24) by US J udge Hodges, April 12, 2013 (denied inter alia my affidavit 28 USC 144)
Section VII UPL of paralegal Yolanda I. Martinez in state court
Yolanda I. Martinez engaged in UPL by email on Wednesday, August 07, 2013 when she
engaged in activity which requires the attorney's personal judgment and participation. [Ethics
Opinion 70-62]. Specifically Ms. Martinez provided me legal advice on the meaning of an Order
entered J uly 25, 2013 by the U.S. Eleventh Circuit in Appeal Number: 13-11585-B.
Ms. Martinezs UPL began with her email to me August 07, 2013 1:44 PM: (Exhibit 7).
Case No.: 2013-CA-000115
Mr. Gillespie:
We would like to set a hearing on your Motion to Dismiss Plaintiff's Complaint before
the Honorable Hale R. Stancil. In that regard I have contacted the J udge's J udicial
Assistant and she has provided me with the following available dates and times for
the hearing:
Tuesday, September 3, 2013 between the hours of 1-5
Friday, September 6, 2013 between the hours of 1-5
We would like to secure a 15 minute hearing time during those hours. Kindly let me
know which date and time works best for you so that I can contact the judge and
secure our hearing time.
Thank you.
Yolanda I. Martinez,
Paralegal to: Danielle N. Parsons
I responded to Ms. Martinez by email August 07, 2013 4:07 PM. (Exhibit 8).
Dear Ms. Martinez:
Good afternoon. I object to any hearings in state court until the Eleventh Circuit Court of
Appeals rules on my petition for mandamus relief. Attached is my letter to the court,
served yesterday to Ms. Parsons at mrservice@mccallaraymer.com Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
(352) 854-7807.
I provided my responsive email to Ms. Martinez, and to the following persons by email,
including the trial judge, the Hon. Hale Ralph Stancil:
"Yolanda Martinez" <yim@mccallaraymer.com>;
<TCaparas@kelattorneys.com>;
"Hon. Hale Ralph Stancil" <hstancil@circuit5.org>;
"J ane Bond" <jane.bond@mccallaraymer.com>;
"Robyn Katz" <rrk@mccallaraymer.com>;
"Curtis Wilson" <Caw@McCallaRaymer.com>
Cc: "Danielle Parsons" <dnp@mccallaraymer.com>;
"Mark Gillespie" <mark.gillespie@att.net>;
"Neil Gillespie" <neilgillespie@mfi.net>
Ms. Martinez responded to me by email August 07, 2013 4:18 PM. (Exhibit 9).
Mr. Gillespie:
The 11th Circuit Court of Appeals has rendered its decision and has denied your Motion
for Reconsideration as you can see from the attached Order. In that regard, kindly advise
as to your availability for a hearing in the Circuit court.
Thank you.
Paralegal to: Danielle N. Parsons
The legal interpretation of the Order Ms. Martinez provided me by email was UPL because she
engaged in activity which requires the attorney's personal judgment and participation. [Ethics
Opinion 70-62]. In addition Ms. Martinez provided false and misleading information about the
Order entered J uly 25, 2013 by the U.S. Eleventh Circuit in Appeal Number: 13-11585-B.
I responded to Ms. Martinez by email August 07, 2013 4:50 PM: (Exhibit 10).
Dear Ms. Martinez:
Good afternoon. I object to any hearings in state court until the Eleventh Circuit Court of
Appeals rules on my petition for mandamus relief.
Unfortunately you are not reading the order properly. Kindly consult with an attorney at
your firm. The decision entered allows a separate petition for mandamus relief. The U.S.
Eleventh Circuit entered a favorable Order J uly 25, 2013 that states in relevant part:
"Should Gillespie wish to petition for mandamus relief, he may file a separate petition for
a writ of mandamus or prohibition with this Court. See 28 U.S.C. 1651;
Fed.R.App.P.21".
This was the only option the court had, which is why it denied the motion to reconsider a
remand for lack of jurisdiction, but offered mandamus relief. Corporate Mgmt. Advisors,
Inc. 561 F.3d 1294, 1296 (11th Cir. 2009) held the failure to allege facts sufficient to
establish subject matter jurisdiction in a notice of removal is a defect in the removal
procedure, and consequently, the district court cannot sua sponte remand a case to state
court on that ground.
A writ of mandamus is the proper means by which a party may challenge a remand order.
Thermtron Products, Inc. v. Hermansdorfer, 423 U.S. 336, 352-53, 96 S.Ct. 584, 593-94,
46 L.Ed.2d 542 (1976). A remand order based on subject matter jurisdiction is not
reviewable by appeal. 28 U.S.C. 1447(d). But such remand order entered sua sponte is
a defect in the removal process within the meaning of 1447(c), and may be challenged
by writ of mandamus. New v. Sports & Recreation, Inc., 114 F.3d 1092, 1095-96 (11th
Cir. 1997).
In the past you and Ms. Parsons disrupted the tribunal in federal district court, and I hope
that does not happen again. Your misconduct is shown in the following pleadings in US
District Court, Middle District, Florida, Ocala Division, 5:13-cv-58-oc-WTH-PRL
Rule 11 sanction motion, Ms. Parsons, McCalla Raymer (Doc. 15)
Florida Bar Complaint, Danielle Nicole Parsons
McCalla Raymer LLC, Orlando Florida
December 2, 2013
Page - 23
G-illespie default motion, Rule 55 (Doc. 16)
Gillespie Verified Objection to Magistrate Order Doc. 12 (Doc. 17)
Unfortunately you and Ms. Parsons appear to have engaged in misconduct with the either
US Judge Hodges or Magistrate Judge Lammens. I alerted federal authorities. Attached
you will find a letter from U.S. Senator Bill Nelson instructing me on how to make a
formal complaint under the Judicial Conduct and Disability Act of 1980...
So, I object to any hearings in state court until the Eleventh Circuit Court of Appeals
rules on my petition for mandamus relief, which is allowed in the order you attached.
However you, Ms. Parsons and foreclosure mill McCalla Raymer are free to do whatever
you like, subject to law.
Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
(352) 854-7807.
I did not hear back from Ms. Martinez or Ms. Parsons. No hearing was set in state court. The
email was sent to the persons shown above, including Judge Stancil.
After the Eleventh Circuit Order was entered July 25, 2013, the Clerk provided instructions on
n1aking a petition for writ of certiorari in forma pauperis to the U.S. Supreme Court, which was
filed October 23, 2013 as Petition No. 13-7280. Ultimately I chose that option over the C.A.11.
Ms. Parsons should be found guilty of misconduct, and permanently disbarred from the practice
of law, see Florida Standards For Applying Lawyer Discipline, Standard 6.11.
Note: This Bar complaint exhausted The Florida Bar's 25 page limit, as follows: Bar complaint
form (1 page), this con1plaint (23 pages), and the Index to Exhibits (1 page).
Florida Bar Complaint - Danielle Nicole Parsons - December 2, 2013
Index to Exhibits - due to The Bars 25 page limit, Exhibits are available, not enclosed.
Exhibit 1 Ethics Opinion 70-62, The Florida Bar
Exhibit 2 Paralegals in a law office and the unlicensed practice of law. (UPL Update)
Florida Bar News - February 15, 2004, by Ghunise Coaxum
Exhibit 3 Invoice $5.95, Amazon Order J une 3, 2013, Paralegals in a law office and UPL
Exhibit 4 Plaintiffs Verified Complaint To Foreclose Home Equity Conversion Mortgage,
state court action 2013-115-CAT, removed to U.S.D.C. Ocala Division
Case 5:13-cv-00058-WTH-PRL Document 2 Filed 02/04/13 Page 1 of 38 PageID 32
Exhibit 5 Email of Yolanda I. Martinez, February 21, 2013 2.52 PM
Exhibit 6 Evidence of ex-parte email U.S. District Court and Danielle N. Parsons
Exhibit 7 August 7, 2013 email 1.44pm paralegal Martinez/McCalla Raymer LLC to Gillespie
Exhibit 8 August 7, 2013, email 4.07pm Gillespie to paralegal Yolanda Martinez/McCalla
Raymer LLC, w/attached letter to Clerk
Exhibit 9 August 7, 2013, email 4.18pm paralegal Yolanda Martinez/McCalla Raymer
LLC to Gillespie, w/attached court order denied reconsideration
Exhibit 10 August 7, 2013, email 4.50pm Gillespie to paralegal Yolanda Martinez/ McCalla
Raymer LLC, w/attached letter-Sen. Nelson w/information for judicial complaint
Exhibit 11 U.S. Congressman Elijah E. Cummings letter Feb-25-11 to FHFA, McCalla Raymer
Exhibit 12 Notice of Defendants' Consent to J udgment, case no. 2013-CA-000115
Exhibit 13 Gillespies denial of UPL accusation, Page 34, Petition No. 13-7280 SCOTUS
Exhibit 14 Ms. Parsons Notice of Compliance with Rule 2.516 and Designation of Email
Address: MRService@mccallaraymer.com
Exhibit 15 Sections VIII through XIII of the Bar Complaint
Exhibit 16 Agreed Motion for Extension of Time (Doc. 11). 5:13-cv-00058-WTH-PRL
Exhibit 17 Civil Cover Sheet Form 1.997 attached to Verified Complaint To Foreclose Home
Equity Conversion Mortgage, state court 2013-115-CAT
Exhibit 18 Defendants Motion to Dismiss Certified Complaint to Foreclose Home Equity
Conversion Mortgage, state court 2013-115-CAT, removed U.S.D.C. Ocala Div
The Florida Bar
www.floridabar.org
PROFESSIONAL ETHICS OF THE FLORIDA BAR
OPINION 70-62
February 12, 1971
Lay personnel may be used in a law office only to the extent that they are delegated mechanical,
clerical or administrative duties. The attorney may not ethically delegate to a lay employee any activity
which requires the attorney's personal judgment and participation.
Canon: 3
CPR: EC 3-5, 3-6
Chairman Massey stated the opinion of the committee:
Inquiry is made pertaining to the use of lay personnel within a law office. The opinion will be divided
into two parts.
The first portion is quoted from the inquiry as follows:
We anticipate using the lay person in the real estate field to handle the following matters:
1. After the contract between the parties has been executed and a file set up by the attorney's
secretary, the file will be delivered to the lay specialist who will obtain all preliminary data. This would
include location and ordering of abstracts and survey where appropriate, checking our internal files to
determine if a prior opinion or title policy has been issued by our firm on said property, obtaining
pay-off or assumption figures on existing mortgages and liens and, in general, gathering all necessary
data involving said transaction.
2. We envision that after the contract stage the next time the file would come back to the attorney
would be after the abstract continuation, surveys, and all necessary data has been compiled. The lay
assistant would then forward the file back to the responsible attorney with all such data included. The
responsible attorney would then examine the abstract and dictate either an Opinion of Title or title
binder based on his examination. The file would then go back to the lay assistant who would, following
the directives of the attorney, prepare closing statements, and notify all parties of the scheduled
closing.
3. All work and documents prepared by the lay assistant would be forwarded back to the responsible
attorney at some predetermined time prior to the closing for the attorney's review and approval.
4. The attorney closes the real estate transaction.
5. After the closing the attorney forwards a file back to the lay assistant with appropriate directives as
to the recording of documents, pay off of any liens, and disbursements of expenses not disbursed during
the closing.
The Committee basically approves the proposal as outlined in the inquiry finding that there is no ethical
problem. The sole reservation to be expressed by the Committee is that the attorney should at no time
leave to the lay employee those matters calling for the expertise of an attorney. For example, if lay
personnel prepare all closing documents, such lay personnel should not be allowed to draw complicated
escrow agreements or other collateral contracts. See Canon 3 and ethical considerations thereunder
(EC 3-5 and 3-6).
The second part of the inquiry is not quite as easy to answer. It asks of the propriety of:
http://www.floridabar.org/TFB/TFBETOpin.nsf/ca2dcdaa853ef7b885256728004f87db/4dc1fc91661b101185256b2f006cb7cc?OpenDocument
1
. . . In the probate field we propose the utilization of lay personnel to prepare estate forms,
accountings, tax returns, obtain necessary facts from outside sources for preparation of such estate
pleadings, and perform other duties of this nature. In the litigation field we propose utilization of lay
personnel to index depositions, prepare interrogatories, prepare schedules of witnesses to be deposed,
schedules of witnesses necessary for trial, summarize facts, interview witnesses, and other such related
matters. We propose that all work done by a lay person in our office shall be reviewed and approved by
a responsible attorney before any item either goes to the files or outside of the office as a completed
item of work.
These plans are similar to the proposal as to real estate transactions but not as detailed. Again, the
Committee does recognize and approve the use of lay personnel in probate and litigation under the
appropriate considerations of Canon 3. Delegation to lay employees of the mechanical, clerical and
administrative duties is encouraged. However, the attorney may not ethically delegate an activity in
which he personally should give his judgment and participation.
While generally approving the concept stated in this second part of the inquiry, the Committee gives it
but a qualified approval as the Committee would prefer to determine such matters on specific factual
cases. This is true because the Committee does have reservations as to authorizing lay personnel to
prepare interrogatories and to interview all witnesses in every case. What may be permissible in a
run-of-the-mill case may not be so in complicated, unusual matters.
[Revised: 08-24-2011]
2013 The Florida Bar | Disclaimer | Top of page |
http://www.floridabar.org/TFB/TFBETOpin.nsf/ca2dcdaa853ef7b885256728004f87db/4dc1fc91661b101185256b2f006cb7cc?OpenDocument
Paral egal s i n a l aw offi ce and the unl i censed practi ce of l aw.(UPL
Update)
Florida Bar News - February 15, 2004
Ghunise Coaxum
Word count: 469.
citation details
Attorneys rely on paralegals and other nonlawyer office staff to perform various activities. Generally, the
activity may constitute the unlicensed practice of law if it is something that requires the attorney's
independent judgment and participation, and it is performed by the paralegal. See, The Florida Bar Ethics
Opinion, 70-62.
There are several areas where ethics opinions and case law provide guidance as to specific activities that
constitute the unlicensed practice of law if performed by a paralegal in a law office.
The comment to Bar Ethics Opinion 88-6 discourages attorneys from having a paralegal conduct the initial
interview with a new client; however, the paralegal may do so, provided that the lawyer makes certain that
the employee clearly identifies his/her nonlawyer status, only obtains factual information, and gives no legal
advice about the case or the representation agreement.
A paralegal may be listed on a firm letterhead and may also have firm business cards. The paralegal must
be clearly identified by title and the card must bear the firm name, address, and telephone number. See Bar
Ethics Opinion 86-4.
A paralegal may sign letters as long as the nonlawyer status is disclosed under the signature. See The
Florida Bar v. Spann, 682 So. 2d 1070 (Fla. 1996); The Florida Bar v. Pascual, 424 So. 2d 757 (Fla. 1982).
However, the letter should not contain any misleading language that may cause the reader to believe that the
paralegal is providing legal advice or representing the client.
Bar Ethics Opinion 87-11 provides that a paralegal can never sign the attorney's name on any pleadings
under any circumstances.
A paralegal cannot conduct any legal proceedings on behalf of a client. A paralegal cannot appear in court
on behalf of a client. The Florida Bar v. Riccardi. 304 So. 26, 444 (Fla. 1974). A paralegal cannot conduct
settlement negotiations. See The Florida Bar v. Neiman, 816 So. 2d 587 (Fla. 2002); Florida Bar Ethics
Opinion 74-35.
A paralegal may conduct real estate closings under very limited circumstances; however, the attorney must
supervise and review all work performed up to the closing; the attorney determines that the closing will be a
ministerial act; the client consents to the closing being handled by a nonlawyer; the supervising attorney is
readily available; and the paralegal does not give legal advice or make impromptu decisions that should be
made by the attorney. See Bar Ethics Opinion 89-5.
In addition to UPL concerns for the paralegal, the attorney is also prohibited from assisting a nonlawyer
engage in UPL. Ultimately, the attorney is responsible for supervising any work that is delegated to the
paralegal and other nonlawyer staff. See Rule 4-5.3, Rules Regulating The Florida Bar.
Ci tati on Detai l s
Title: Paralegals in a law office and the unlicensed practice of law.(UPL Update)
Author: Ghunise Coaxum
Publication: Florida Bar News (Magazine/J ournal)
Date: February 15, 2004
Paralegals in a law office and the unlicensed practice of law.(UPL Update) http://media-server.amazon.com/exec/drm/amzproxy.cgi/Mjk2IPM26UQa...
1 of 2 6/4/2013 3:01 AM
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Publisher: Florida Bar
Volume: 31 Issue: 4 Page: 35(1)
Paralegals in a law office and the unlicensed practice of law.(UPL Update) http://media-server.amazon.com/exec/drm/amzproxy.cgi/Mjk2IPM26UQa...
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Details for Order # D01-4381574-8524851
Print this page for your records.
Amazon.com order number: D01-4381574-8524851
Order Total: $5.95
Digital Order: June 3, 2013
Items Ordered Price
Paralegals in a law office and the unlicensed practice of law.(UPL Update):
An article from: Florida Bar News [eDoc/Amazon Short]
By: Ghunise Coaxum
Sold By: Amazon Digital Services, Inc.
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Payment Information
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Billing Address
Neil Gillespie
8092 SW 115th Loop
United States
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MIME-Version:1.0
From:cmecf_flmd_notification@flmd.uscourts.gov
To:cmecf_flmd_notices@localhost.localdomain
Bcc:
--Case Participants:
--Non Case Participants:
--No Notice Sent:
Message-Id:<10937099@flmd.uscourts.gov>
Subject:Activity in Case 5:13-cv-00058-WTH-PRL Reverse Mortgage Solutions, Inc.
v. Neil J. Gillespie as Co-Trustees et al Order on Motion for Extension of Time
to File Response/Reply
Content-Type: text/plain
This is an automatic e-mail message generated by the CM/ECF system.
Please DO NOT RESPOND to this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States
policy permits attorneys of record and parties in a case (including pro se
litigants) to receive one free electronic copy of all documents filed
electronically, if receipt is required by law or directed by the filer. PACER
access fees apply to all other users. To avoid later charges, download a copy of
each document during this first viewing. However, if the referenced document is
a transcript, the free copy and 30 page limit do not apply.
U.S. District Court
Middle District of Florida
Notice of Electronic Filing
The following transaction was entered on 2/22/2013 4:55 PM EST and filed
on 2/22/2013
Case Name: Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie as Co-Trustees
et al
Case Number: 5:13-cv-00058-WTH-PRL
https://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?280602
Filer:
Document Number: 12
Copy the URL address from the line below into the location bar of your Web
browser to view the document: Document:

c num=MAGIC
Docket Text:
ORDER granting [11] Plaintiff's Agreed Motion for Extension of Time
to the extent that Plaintiff shall respond to Mr. Gillespie's Motion
to Dismiss on or before the tenth day after the District Judge enters an
order on the Report and Recommendation, and only if the Court does not remand
this case. See Order for details. Signed by Magistrate Judge Philip R.
Lammens on 2/22/2013. (JLS)
5:13-cv-00058-WTH-PRL Notice has been electronically mailed to:
Danielle N. Parsons dnp@mccallaraymer.com, yim@mccallaraymer.com
5:13-cv-00058-WTH-PRL Notice has been delivered by other means to:
Neil J. Gillespie as Co-Trustees
8092 SW 115th Loop
Ocala, FL 34481
6
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tiffany Caparas
Kaufman, Englett & Lynd, PLLC
111 N. Magnolia Avenue
Suite 1600
Orlando, FL 32801
The following document(s) are associated with this transaction:
Document description: Main Document
Original filename: n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1069447731 [Date=2/22/2013] [FileNumber=10937098-0]

5b88a169ccOddcge4b4088096458d702b3a9f1c3c797bc6bO]]

Neil Gillespie
From: "Yolanda Martinez" <yim@mccallaraymer.com>
To: <neilgillespie@mfi.net>; <TCaparas@kelattorneys.com>
Cc: "Danielle Parsons" <dnp@mccallaraymer.com>
Sent: Wednesday, August 07, 2013 1:44 PM
Subject: 12-02121 - Reverse Mortgage Solutions, Inc. v. Gillespie
Page 1of 2
8/8/2013
Case No.: 2013-CA-000115

Mr. Gillespie:

the Honorable Hale R. Stancil. In that regard I have contacted the Judge's Judicial
the hearing:



Thank you.

Paralegal to: Danielle N. Parsons |

MCCALLA RAYMER, LLC

225 E. Robinson St. , Ste 660
Orlando, FL 32801
Direct Dial: (407) 674-1660
Danielle Parsons Direct Dial (407)674-1657
Fax: (321) 248-0420
Email: yolanda.martinez@mccallaraymer.com
Designated Primary Email For Service
Pursuant to Fla. R. Jud. Admin 2.516
7
mrservice@mccallaraymer.com

This electronic message is intended for the use of the individual or entity to which it is addressed and may contain
information that is privileged or confidential. If you are not the intended recipient or an employee or agent
responsible for delivering this electronic message to the intended recipient, you are hereby notified that any
disclosure, copying, distribution or use of this electronic message or its contents is strictly prohibited.

If you received this electronic message in error, please notify the sender immediately by return email or telephone
to the number above.

-=-=-=-=-=-=-=-=-CONFIDENTIALITY AND PRIVILEGE NOTICES: If you are a client, this message
is a privileged attorney-client communication. This email and all attachments are CONFIDENTIAL and
intended SOLELY for the recipients as identified in the "To", "Cc" and Bcc" lines of this email. If you
are not an intended recipient, your receipt of this email and its attachments is the result of an inadvertent
disclosure or unauthorized transmittal. Sender reserves and asserts all rights to confidentiality, including
all privileges which may apply. Pursuant to those rights and privileges, if you are not the intended
recipient, please immediately DELETE and DESTROY all copies of the email and its attachments, in
whatever form, and immediately NOTIFY the sender of your receipt of this email. And if you are not the
intended recipient, DO NOT review, copy or rely in any way on the contents of this email and its
attachments. NO DUTIES ARE INTENDED OR CREATED BY THIS COMMUNICATION. If you
have not entered into a fee agreement or executed an engagement letter with this firm, the firm DOES
NOT represent you as your attorney. You are encouraged to retain counsel of your choice if you desire
to do so. All rights of the sender for violations of the confidentiality and privileges applicable to this
email and any attachment are expressly reserved. IRS CIRCULAR 230 REQUIRED NOTICE : U.S.
Treasury Regulations require that we inform you as follows: Any U.S. federal tax information contained
in this communication (including any attachments) is not intended to be used and cannot be used, for the
purpose of (I) avoiding penalties under the Internal Revenue Code or (II) promoting, marketing or
recommending to another party any transaction or tax-related matter(s). FAIR DEBT COLLECTION
PRACTICES ACT NOTICE: Please be advised that a portion of this firms practice involves the
collection of debts. If you are a debtor, anything you say or communicate by email can be used for that
purpose.-=-=-=-=-=-=-=-=-
Page 2of 2
8/8/2013

Neil Gillespie
To: "Yolanda Martinez" <yim@mccallaraymer.com>; <TCaparas@kelattorneys.com>; "Hon. Hale Ralph
Stancil" <hstancil@circuit5.org>; "J ane Bond" <jane.bond@mccallaraymer.com>; "Robyn Katz"
<rrk@mccallaraymer.com>; "Curtis Wilson" <Caw@McCallaRaymer.com>
Cc: "Danielle Parsons" <dnp@mccallaraymer.com>; "Mark Gillespie" <mark.gillespie@att.net>; "Neil
Gillespie" <neilgillespie@mfi.net>
Attach: Letter to Clerk, re petition Aug-06-2013.pdf
Subject: Re: 12-02121 - Reverse Mortgage Solutions, Inc. v. Gillespie
Page 1of 3
8/8/2013
Dear Ms. Martinez:
Good afternoon. I object to any hearings in state court until the Eleventh Circuit Court of Appeals rules
on my petition for mandamus relief. Attached is my letter to the court, served yesterday to Ms. Parsons
at mrservice@mccallaraymer.com Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
(352) 854-7807.
----- Original Message -----
From: Yolanda Martinez
To: neilgillespie@mfi.net ; Tiffany T. Caparas (TCaparas@kelattorneys.com)
Cc: Danielle Parsons

Case No.: 2013-CA-000115

Mr. Gillespie:

the Honorable Hale R. Stancil. In that regard I have contacted the Judge's Judicial
the hearing:



8
Thank you.


MCCALLA RAYMER, LLC

Orlando, FL 32801
Direct Dial: (407) 674-1660
Fax: (321) 248-0420

This electronic message is intended for the use of the individual or entity to which it is addressed and may
contain information that is privileged or confidential. If you are not the intended recipient or an employee or
agent responsible for delivering this electronic message to the intended recipient, you are hereby notified that
any disclosure, copying, distribution or use of this electronic message or its contents is strictly prohibited.

If you received this electronic message in error, please notify the sender immediately by return email or
telephone to the number above.

-=-=-=-=-=-=-=-=-CONFIDENTIALITY AND PRIVILEGE NOTICES: If you are a client, this
message is a privileged attorney-client communication. This email and all attachments are
CONFIDENTIAL and intended SOLELY for the recipients as identified in the "To", "Cc" and Bcc"
lines of this email. If you are not an intended recipient, your receipt of this email and its attachments is
the result of an inadvertent disclosure or unauthorized transmittal. Sender reserves and asserts all rights
to confidentiality, including all privileges which may apply. Pursuant to those rights and privileges, if
you are not the intended recipient, please immediately DELETE and DESTROY all copies of the email
and its attachments, in whatever form, and immediately NOTIFY the sender of your receipt of this
email. And if you are not the intended recipient, DO NOT review, copy or rely in any way on the
contents of this email and its attachments. NO DUTIES ARE INTENDED OR CREATED BY THIS
COMMUNICATION. If you have not entered into a fee agreement or executed an engagement letter
with this firm, the firm DOES NOT represent you as your attorney. You are encouraged to retain
counsel of your choice if you desire to do so. All rights of the sender for violations of the
confidentiality and privileges applicable to this email and any attachment are expressly reserved. IRS
CIRCULAR 230 REQUIRED NOTICE : U.S. Treasury Regulations require that we inform you as
Page 2of 3
8/8/2013
follows: Any U.S. federal tax information contained in this communication (including any
attachments) is not intended to be used and cannot be used, for the purpose of (I) avoiding penalties
under the Internal Revenue Code or (II) promoting, marketing or recommending to another party any
transaction or tax-related matter(s). FAIR DEBT COLLECTION PRACTICES ACT NOTICE: Please
be advised that a portion of this firms practice involves the collection of debts. If you are a debtor,
anything you say or communicate by email can be used for that purpose.-=-=-=-=-=-=-=-=-
Page 3of 3
8/8/2013
VIA U.P.S. No. lZ64589FNW94106676 August 6,2013
John Ley, Clerk of Court
U.S. Court of Appeals for the 11th Circuit
56 Forsyth S1., N.W.
Atlanta, Georgia 30303
Appeal Number 13-11585-B
Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie as co-trustee, et al.
District Court Docket No: 5: 13-cv-00058-oc-WTH-PRL
Dear Clerk Ley:
Thank you for your letter dated July 25, 2013, copy enclosed. The letter states in part:
This Court requires all counsel to file documents electronically using the Electronic Case
Files (nECF
n
) system, unless exempted for good cause.
While I would like to file documents electronically using ECF, please note that I am not an
attorney, I am not licensed to practice law, and I did not attend law school.
Instead and pursuant to 28 U.S.C. 1654, I appear pro se because I am financially unable to
obtain adequate representation. The First Anlendment also provides a Constitutionally-protected
right to petition the Government for redress of grievances. Should the Court find the interest of
justice would be served by the presence of counsel, either independently or as a disability
accommodation under the Americans with Disability Act (ADA), 42 U.S.C. 12101 et seq., or
The Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., I will provide more information. I am
disabled and believe a counsel appointment or guardian ad litem may serve justice.
This letter is to confirm my wish to petition for mandamus relief as provided in the Court's
Order, copy enclosed. The Order entered July 25, 2013 states in relevant part:
Should Gillespie wish to petition for mandamus relief, he may file a separate petition for a
writ of mandamus or prohibition with this Court. See 28 U.S.C. 1651; Fed.R.App.P.21
The Court has a substantial portion of the record in 13-11585-B, which I provided July 1,2013.
FRAP, Rule 21 (a)(2)(C) requires a copy of any order or opinion or parts of the record that may
be essential to understand the matters set forth in the petition.
July 31, 2013 I spoke with Ms. Gaddis about the substantial record already at the Court. She said
I must send payment to have the record returned to me, or I could provide a return shipping label
from my U.P.S. account, which is enclosed; in a self-adhering plastic pouch for shipping labels.
Then, upon return of the record, I would resubmit the record to the Court with my petition for
mandamus relief, is that correct? Or would the Court prefer to keep the record it has, and accept
my petition with citation to that record? I would supplement the record as needed.
John Ley, Clerk of Court August 6, 2013
U.S. Court of Appeals for the 11th Circuit Page -2
Also, as I recall, Ms. Gaddis did not know of any time limitation to submit a petition, and I could
not locate a time limitation in the FRAP, although I plan to submit a petition as soon as possible.
I would appreciate any guidance the Court can provide.
I will submit a new motion to proceed in forma pauperis as discussed with Ms. Gaddis.
Thank you for your assistance.
Telephone: (352) 854-7807
E-mail: neilgillespie@mfi.net
Enclosures
Cc: Counsel of record, persons and entities on the updated service list by email.
UPS Return Ground Shipping label enclosed, No. lZ64589F9093845892
SERVICE LIST - August 6, 2013
Hon. Wm. Terrell Hodges, United States District Court J udge (not served by email)
Middle District of Florida, Ocala Division (served by third party carrier only)
Golden-Collum Memorial Federal Building & US Courthouse
207 NW Second Street, Ocala, Florida 34475-6666
Provided in compliance with FRAP, Rule 21(a)(1)
J ohn F. Harkness, Executive Director, jharkness@flabar.org
The Florida Bar, 651 East J efferson Street
For interest in my alleged UPL, Case No. 20133090(5).
Curtis Wilson, Danielle N. Parsons
McCalla Raymer, LLC (for Reverse Mortgage Solutions, Inc., Plaintiff)
225 E. Robinson St. Suite 660, Orlando, FL 32801
Service of court documents: MRService@mccallaraymer.com
Tiffany Caparas, Esq. (for Mark Gillespie Co-trustee)
111 N. Magnolia Ave., Suite 1600, Orlando, FL 32801
Primary Email: TCaparas@kelattoneys.com
Secondary Email: KELinbox@kelattorneys.com
Mark Gillespie (Co-trustee), mark.gillespie@att.net
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Case: 13-11585 Date Filed: 07/25/2013 Page: 1 of 1
IN TI-IE UNITED STAl'ESCOURTOFAPPEALS
FORTI-IE ELEVENrrH CIRCUIT
No. 13-11585-B
Plaintiff-Appellee,
versus
NEILJ. GILLESPIEAS CO-TRUSrfEES,
ofthe GillespieFanlilyLivingTrust
AgreelnentDated February 10, 1997,
NEIL J. GILLESPIE,
Defendants-Appellants,
MARKGILLESPIEAS CO-TRUSTEES,etc.,etaI.,
Defendants.
Appeal fron1 the United StatesDistrictCoul1
for the MiddleDistrictofFlorida
Before: HULL, WILSONandJORDAN,CircuitJudges.
BYl"I-IE COURT:
AppellantNeilGillespie'sJuly2,2013 Ill0tionfor reconsiderationofourJune 12,2013
orderdisn1issing thisappeal for lackofjurisdictionis DENIED. All otheroutstandingmotions
are DENIED as 11100t. ShouldGillespiewishto petitionfor nlandalTIUS relief,hemayfile a
separatepetitionfor awritofnlandanlusorprohibitionwiththisCourt. See 28 U.S.C. 1651;
Fed.R.App.l>.21.
UNITEDSTATESCOURTOFAPPEALS
FORTHEELEVENTHCIRCUIT
ELBERTPARRTUITLECOURTOFAPPEALS BUILDING
56ForsythStreet,N.W.
Atlanta,Georgia30303
JohnLey
ClerkofCourt
Forrulesandfonus visit
\vww.('a
July25,2013
NeilJ. Gillespie
8092SW115THLOOP
OCALA,FL34481
AppealNumber: 13-11585-B
CaseStyle: ReverseMortgageSolutions,In v. NeilGillespie,etal
DistrictCourtDocketNo: 5:13-cv-00058-WTH-PRL
ThisCourtrequiresallcounseltofiledocumentselectronicallyusingtheElectronicCase
Files("ECF")system,unlessexemptedforgoodcause.
TheenclosedorderhasbeenENTERED.
Sincerely,
JOHNLEY,ClerkofCourt
Replyto: MelanieGaddis,B/rvg
Phone#: (404)335-6187
MOT-2

Neil Gillespie
From: "Yolanda Martinez" <yim@mccallaraymer.com>
To: "Neil Gillespie" <neilgillespie@mfi.net>; <TCaparas@kelattorneys.com>; "Curtis Wilson"
<caw@mccallaraymer.com>
Cc: "Danielle Parsons" <dnp@mccallaraymer.com>; "Mark Gillespie" <mark.gillespie@att.net>
Attach: 13-11585_Documents.pdf
Subject: RE: 12-02121 - Reverse Mortgage Solutions, Inc. v. Gillespie
Page 1of 4
8/8/2013
Mr. Gillespie:

The 11th Circuit Court of Appeals has rendered its decision and has denied your Motion for
Reconsideration as you can see from the attached Order. In that regard, kindly advise as to your
availability for a hearing in the Circuit court.

Thank you.


MCCALLA RAYMER, LLC

Orlando, FL 32801
Direct Dial: (407) 674-1660
Fax: (321) 248-0420

This electronic message is intended for the use of the individual or entity to which it is addressed and may contain
information that is privileged or confidential. If you are not the intended recipient or an employee or agent
responsible for delivering this electronic message to the intended recipient, you are hereby notified that any
disclosure, copying, distribution or use of this electronic message or its contents is strictly prohibited.

If you received this electronic message in error, please notify the sender immediately by return email or telephone
to the number above.

From: Neil Gillespie [mailto:neilgillespie@mfi.net]
To: Yolanda Martinez; TCaparas@kelattorneys.com; Hon. Hale Ralph Stancil; J ane E. Bond; Robyn R. Katz; Curtis
9
Wilson
Cc: Danielle Parsons; Mark Gillespie; Neil Gillespie

Dear Ms. Martinez:
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
(352) 854-7807.

Case No.: 2013-CA-000115

Mr. Gillespie:

We would like to set a hearing on your Motion to Dismiss Plaintiff's Complaint
before the Honorable Hale R. Stancil. In that regard I have contacted the Judge's
Judicial Assistant and she has provided me with the following available dates and
times for the hearing:



Thank you.

Page 2of 4
8/8/2013

MCCALLA RAYMER, LLC

Orlando, FL 32801
Direct Dial: (407) 674-1660
Fax: (321) 248-0420



lines of this email. If you are not an intended recipient, your receipt of this email and its attachments is
the result of an inadvertent disclosure or unauthorized transmittal. Sender reserves and asserts all rights
to confidentiality, including all privileges which may apply. Pursuant to those rights and privileges, if
you are not the intended recipient, please immediately DELETE and DESTROY all copies of the email
and its attachments, in whatever form, and immediately NOTIFY the sender of your receipt of this
email. And if you are not the intended recipient, DO NOT review, copy or rely in any way on the
contents of this email and its attachments. NO DUTIES ARE INTENDED OR CREATED BY THIS
COMMUNICATION. If you have not entered into a fee agreement or executed an engagement letter
with this firm, the firm DOES NOT represent you as your attorney. You are encouraged to retain
counsel of your choice if you desire to do so. All rights of the sender for violations of the
confidentiality and privileges applicable to this email and any attachment are expressly reserved. IRS
CIRCULAR 230 REQUIRED NOTICE : U.S. Treasury Regulations require that we inform you as
follows: Any U.S. federal tax information contained in this communication (including any
attachments) is not intended to be used and cannot be used, for the purpose of (I) avoiding penalties
under the Internal Revenue Code or (II) promoting, marketing or recommending to another party any
transaction or tax-related matter(s). FAIR DEBT COLLECTION PRACTICES ACT NOTICE: Please
be advised that a portion of this firms practice involves the collection of debts. If you are a debtor,
Page 3of 4
8/8/2013
anything you say or communicate by email can be used for that purpose.-=-=-=-=-=-=-=-=-
Page 4of 4
8/8/2013
Case: 13-11585 Date Filed: 07/25/2013 Page: 1 of 1 (1 of 2)
UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
ELBERT PARR TUTTLE COURT OF APPEALS BUILDING
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
J ohn Ley
Clerk of Court

J uly 25, 2013
For rules and forms visit
www.ca11.uscourts.gov

Neil J . Gillespie
8092 SW 115TH LOOP
OCALA, FL 34481

Appeal Number: 13-11585-B
Case Style: Reverse Mortgage Solutions, In v. Neil Gillespie, et al
District Court Docket No: 5:13-cv-00058-WTH-PRL

This Court requires all counsel to file documents electronically using the Electronic Case
Files ("ECF") system, unless exempted for good cause.
The enclosed order has been ENTERED.

Sincerely,

J OHN LEY, Clerk of Court

Reply to: Melanie Gaddis, B/rvg
Phone #: (404) 335-6187

MOT-2 Notice of Court Action

Case: 13-11585 Date Filed: 07/25/2013 Page: 1 of 1 (2 of 2)

Neil Gillespie
To: "Yolanda Martinez" <yim@mccallaraymer.com>; <TCaparas@kelattorneys.com>; "Curtis Wilson"
<caw@mccallaraymer.com>; "Hon. Hale Ralph Stancil" <hstancil@circuit5.org>; "J ane Bond"
<jane.bond@mccallaraymer.com>; "Robyn Katz" <rrk@mccallaraymer.com>
Cc: "Danielle Parsons" <dnp@mccallaraymer.com>; "Mark Gillespie" <mark.gillespie@att.net>; "Neil
Gillespie" <neilgillespie@mfi.net>
Attach: US Sen Nelson letter, judicial complaint.pdf
Page 1of 5
8/8/2013
Dear Ms. Martinez:
on my petition for mandamus relief.
Unfortunately you are not reading the order properly. Kindly consult with an attorney at your firm. The
decision entered allows a separate petition for mandamus relief. The U.S. Eleventh Circuit entered a
favorable Order J uly 25, 2013 that states in relevant part: "Should Gillespie wish to petition for
mandamus relief, he may file a separate petition for a writ of mandamus or prohibition with this Court.
See 28 U.S.C. 1651; Fed.R.App.P.21".
This was the only option the court had, which is why it denied the motion to reconsider a remand for
lack of jurisdiction, but offered mandamus relief. Corporate Mgmt. Advisors, Inc. 561 F.3d 1294, 1296
(11th Cir. 2009) held the failure to allege facts sufficient to establish subject matter jurisdiction in a
notice of removal is a defect in the removal procedure, and consequently, the district court cannot sua
sponte remand a case to state court on that ground.
A writ of mandamus is the proper means by which a party may challenge a remand order. Thermtron
Products, Inc. v. Hermansdorfer, 423 U.S. 336, 352-53, 96 S.Ct. 584, 593-94, 46 L.Ed.2d 542 (1976). A
remand order based on subject matter jurisdiction is not reviewable by appeal. 28 U.S.C. 1447(d). But
such remand order entered sua sponte is a defect in the removal process within the meaning of 1447
(c), and may be challenged by writ of mandamus. New v. Sports & Recreation, Inc., 114 F.3d 1092,
1095-96 (11th Cir. 1997).
In the past you and Ms. Parsons disrupted the tribunal in federal district court, and I hope that does not
happen again. Your misconduct is shown in the following pleadings in US District Court, Middle
District, Florida, Ocala Division, 5:13-cv-58-oc-WTH-PRL
Rule 11 sanction motion, Ms. Parsons, McCalla Raymer (Doc. 15)
Gillespie default motion, Rule 55 (Doc. 16)
Gillespie Verified Objection to Magistrate Order Doc. 12 (Doc. 17)
Unfortunately you and Ms. Parsons appear to have engaged in misconduct with the either US J udge
Hodges or Magistrate J udge Lammens. I alerted federal authorities. Attached you will find a letter from
U.S. Senator Bill Nelson instructing me on how to make a formal complaint under the J udicial Conduct
and Disability Act of 1980, 28 U.S.C. 351-364.
So, I object to any hearings in state court until the Eleventh Circuit Court of Appeals rules on my
petition for mandamus relief, which is allowed in the order you attached. However you, Ms. Parsons and
foreclosure mill McCalla Raymer are free to do whatever you like, subject to law. Thank you.
10
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
(352) 854-7807.
To: Neil Gillespie ; TCaparas@kelattorneys.com ; Curtis Wilson
Cc: Danielle Parsons ; Mark Gillespie
Subject: RE: 12-02121 - Reverse Mortgage Solutions, Inc. v. Gillespie

Mr. Gillespie:

The 11th Circuit Court of Appeals has rendered its decision and has denied your Motion for
Reconsideration as you can see from the attached Order. In that regard, kindly advise as to your
availability for a hearing in the Circuit court.

Thank you.


MCCALLA RAYMER, LLC

Orlando, FL 32801
Direct Dial: (407) 674-1660
Fax: (321) 248-0420



Page 2of 5
8/8/2013

From: Neil Gillespie [mailto:neilgillespie@mfi.net]
To: Yolanda Martinez; TCaparas@kelattorneys.com; Hon. Hale Ralph Stancil; J ane E. Bond; Robyn R. Katz;
Curtis Wilson
Cc: Danielle Parsons; Mark Gillespie; Neil Gillespie

Dear Ms. Martinez:
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
(352) 854-7807.

Case No.: 2013-CA-000115

Mr. Gillespie:

We would like to set a hearing on your Motion to Dismiss Plaintiff's Complaint
before the Honorable Hale R. Stancil. In that regard I have contacted the Judge's
Judicial Assistant and she has provided me with the following available dates and
times for the hearing:


We would like to secure a 15 minute hearing time during those hours. Kindly let
me know which date and time works best for you so that I can contact the judge
and secure our hearing time.

Thank you.
Page 3of 5
8/8/2013


MCCALLA RAYMER, LLC

Orlando, FL 32801
Direct Dial: (407) 674-1660
Fax: (321) 248-0420



lines of this email. If you are not an intended recipient, your receipt of this email and its attachments
is the result of an inadvertent disclosure or unauthorized transmittal. Sender reserves and asserts all
rights to confidentiality, including all privileges which may apply. Pursuant to those rights and
privileges, if you are not the intended recipient, please immediately DELETE and DESTROY all
copies of the email and its attachments, in whatever form, and immediately NOTIFY the sender of
your receipt of this email. And if you are not the intended recipient, DO NOT review, copy or rely in
any way on the contents of this email and its attachments. NO DUTIES ARE INTENDED OR
CREATED BY THIS COMMUNICATION. If you have not entered into a fee agreement or
executed an engagement letter with this firm, the firm DOES NOT represent you as your attorney.
You are encouraged to retain counsel of your choice if you desire to do so. All rights of the sender for
violations of the confidentiality and privileges applicable to this email and any attachment are
expressly reserved. IRS CIRCULAR 230 REQUIRED NOTICE : U.S. Treasury Regulations require
that we inform you as follows: Any U.S. federal tax information contained in this communication
Page 4of 5
8/8/2013
(including any attachments) is not intended to be used and cannot be used, for the purpose of (I)
avoiding penalties under the Internal Revenue Code or (II) promoting, marketing or recommending
to another party any transaction or tax-related matter(s). FAIR DEBT COLLECTION PRACTICES
ACT NOTICE: Please be advised that a portion of this firms practice involves the collection of
debts. If you are a debtor, anything you say or communicate by email can be used for that purpose.-
=-=-=-=-=-=-=-=-
Page 5of 5
8/8/2013
~ n t n ~ t t s ~ n t
WASHINGTON, DC 205I0-OB05
BILLNELSON
FLORIDA
May 28,2013
Mr. Neil Gillespie
Dear Mr. Gillespie:
Thank you for contacting my office regarding your complaint ofjudicial misconduct. I
appreciate being made aware of your concerns.
Congress has created a procedure that permits any person to file a complaint in the courts about
the behavior of federal judges, but not about the decisions federal judges make in deciding cases. The
law says that complaints about judges' decisions and complaints with no evidence to support them must
be dismissed.
If you are a litigant in a case and believe the judge made a wrong decision, you may not use this
procedure to complain about the decision. An attorney can explain the rights you have as a litigant to
seek review of a judicial decision.
However, if you still believe that you have a legitimate case ofjudicial misconduct, you may
submit a formal complaint to the U. S. Court of Appeals. You will find enclosed instructions for filing a
written complaint as well as a form to complete and submit. I trust this information will be of assistance
to you.
Again, thank you for contacting my office. I want you to know as your U. S. Senator from
Florida, I welcome the opportunity to serve you. If I can assist you with any other matter, please do not
hesitate to let me know.
BN/ut
Enclosures
United States Senator Bill Nelson, Landmark Two, 225 East Robinson Street, Suite 410, Orlando, Florida 32801
Telephone: (407) 872-7161 Toll-Free in Florida Only (888) 671-4091 Fax: (407) 872-7165
http://billnelson.senate.gov
3.2010
JUDICIALCONFERENCEOFTHEUNITEDSTATES
COMMITTEEONJUDICIALCONDUCTAND DISABILITY
FILINGACOMPLAINTOFJUDICIALMISCONDUCTORJUDICIALDISABILITY
AGAINSTA FEDERALJUDGE
Thisdocumentexplainsthelegallyprescribedprocessforconlplainingthata federaljudgehas
committedmisconductorbecomedisabled. Theprocessis governedbytheJudicialConduct
andDisabilityActof1980,28U.S.C. 351-364("Act"),andRules for Judicial-Conduct and
Judicial-Disability Proceedings, 248F.R.D.674(2008)("Rules"),whichyoushouldconsult
beforeproceedingwithanycomplaint. TheRulesandaconlplaintformareavailableatfederal
courtWebsitesandclerk'soffices.
1. WHOMAYBECOMPLAINEDABOUT;WHERETOFILEA COMPLAINT
If youbelievethatafederaljudgecommittedmisconductorhasadisability,younlayfile a
complaintaboutitwiththepropercourtoffice. If thecomplaintis againstaUnitedStates
DistrictJudge,aUnitedStatesBankruptcyJudge,oraUnitedStatesMagistrateJudge,youmust
file itattheclerk'sofficeof theUnitedStatesCourtof Appealsfortheregion("circuit")in
whichthejudgeserves. If thecomplaintis againstajudgeof theUnitedStatesCourtof Appeals
fortheFederalCircuit,youmustfile itatthecircuitexecutive'sofficeforthatcourt. If the
complaintisagainstanyotherUnitedStatesCircuitJudge,oragainstajudgeof anationalcourt
(theCourtof InternationalTradeortheCourtof FederalClaims),youmustfile itattheclerk's
officeof thecourtonwhichthatjudgeserves.
Thepropercourtofficeistheonlyplaceauthorizedtoreceiveyourcomplaint. Youshouldnot
giveorcopyyourcomplainttoanyjudgeoranyotherofficeoremployeeintheJudiciary. Also,
youshouldnotconlmunicateaboutyourcomplaintwitlljudgesorothersintheJudiciary,except
attheirrequestorasotherwiseallowedbytheRules.
NOTE: This process cannot be used to complain about anyone who is not a
federal judge as identified in the Rules. Ifyou have concerns about the behavior
ofa federal court employee other than a judge, you may report them to the clerk
ofthe employing court. To complain about afederal prosecutor's conduct,
contact the United States Attorney's office that employs the prosecutor. To
complain about the conduct ofafederal public defender, contact the appropriate
Federal Public Defender's office. To object to any other attorney's conduct,
contact the state bar ofthe state in which the attorney practices or in which the
conduct occurred. To learn how to complain about a state judge, county judge,
or cityjudge, consult an official ofthe state in which that judge serves.
2. WHAT TOINCLUDEINACOMPLAINT
Theterms"misconduct"and"disability,"asusedinthiscomplaintprocess,aredefinedbylaw.
"Misconduct"is"conductprejudicialtotheeffectiveandexpeditiousadministrationof the
1
businessof thecourts." A "disability"is a"temporaryorpermanentcondition"thatrendersthe
judge"unabletodischargetheduties"of thejudicialoffice. If neitherternl,sodefined,
describesthefacts youallege,yourcomplaintwillbedismissed.
Youmaycomplainaboutactionstakenbyajudgeoutsideof hisorherofficialrole,butonlyif
theyqualifyasmisconductundertheabovedefinition. Theymaysoqualifyif theywouldcause,
amongreasonablemembersof tilepublic,asubstantialandwidespreadloweringof confidence
inthecourts.
Examplesofjudicialmisconductinclude
usingthejudge'sofficeto obtainspecialtreatmentforfriends orrelatives;
acceptingbribes,gifts,orotherpersonalfavorsrelatedtothejudicialoffice;
havingimproperdiscussionswithpartiesorcounselforonesideinacase;
treatinglitigantsorattorneysinademonstrablyegregiousandhostilemanner;
discriminatingagainstlitigantsorattorneysonaccountofrace,ethnicity,sex,orother
legallyprotectedattribute;
engaginginpartisanpoliticalactivityormakinginappropriatelypartisanstatements;
solicitingfunds fororganizations;or
violatingotherspecific,mandatorystandardsofjudicialconduct,suchasthosepertaining
torestrictionsonoutsideincomeandrequirementsforfinancialdisclosure.
NOTE: Many complaints claim only that a judicial decision was wrong. Under
the law, such complaints must be dismissed. A judicial decision that is
unfavorable to you - or even wrong - does not in itselfestablish misconduct
or disability. Ifyou wish to challenge the correctness ofa judge's decision, you
must do so in court under the proper procedural rules.
Yourcomplaintmustbelegibleandshouldbetypewritten. Itmustincludeacontactaddress,a
descriptionof therelevantevents,adescriptionofwhenandwheretheytookplace,andany
otherinformationthatwouldhelpaninvestigatorcheckthefacts. Thecomplaintsllouldcontain
asmuchpertinentdetailaspossible,includinginformationthatidentifiestranscriptsand
witnessessupportingyouraccountof whathappened. Youmustsigntheconlplaintunder
penaltyof perjury. Tofindoutwhetheryoumustalsofile copiesofthecomplaint,checkwith
thecourtofficetowhichyouaresubmittingit.
Whenyourcomplaintisreadytobefiled, placetheoriginalandanyrequiredcopiesinan
envelopemarked"ComplaintofMisconduct"or"ComplaintofDisability." Donotwritethe
nameofthejudgeyouarecomplainingabout("thesubjectjudge")ontheenvelope. Submitthe
envelope,inpersonorbymail,tothecourtclerk'soffice.
Courtstaffwillensurethatyourcomplaintis conveyedtothejudgewhomustconsiderit, andto
thesubjectjudge.
2
3. HowACHIEFJUDGECONSIDERSACOMPLAINT
In most instances,the judge who considers your complaint will be thechiefjudge of the court in
whichitispending. Thatjudgemayconductalimitedinquiry,interviewingwitnessesand
examiningotheravailableinformation. Youmayormaynotbecontactedaspartof thisprocess.
Theconsiderationofacomplaintis confidential,although, inextraordinarycircunlstances,the
chiefjudgemaypubliclydisclosethecomplaint'sexistence. Ordersregardingacomplaintwill
beconlepublic,butonlyafterthecomplainthasreceivedfinal actionwithno furtherrightof
review.
NOTE: Although the chiefjudge is required to review your complaint
expeditiously, you should not expect an immediate decision. Ifyou must inquire
about a complaint's status, you should do so only by contacting the office where
the complaint was filed. Repeated inquiries will not speed the process.
4. WHATHAPPENSAFTERACOMPLAINTISCONSIDERED
Afterconsideringyourcomplaint,thechiefjudgemay,byorder,terminateit(by"dismissing"or
"concluding"it) if thereis reasontodoso. Otherwise,thechiefjudgemustappointaspecial
committeeofjudgestoinvestigatethecomplaint,as explainedin 6, below. Ifsuchan
appointmentis made,youwillreceiveacopyof theordernamingthecommittee'smembers.
The chiefjudge must dismissyour complaintif it does not identify evidence tending to show
misconductordisability, orifitisconclusivelyrefutedbyobjectiveevidencefronltranscripts,
witnesses,orothersources.
The chiefjudge must also dismissyour complaintif the facts it describesdo not amount to
misconductordisabilityas definedbylaw. (See 2,above,forthelegaldefinitionsof
"misconduct"and"disability.") Acomplaintwillbedismissedforthisreasonifitchallengesthe
meritsofajudge'sdecision- inotherwords,ifitclaimsthatthedecisionis wrong- without
establishingthatthejudgeactedwithanimpropermotive. Becauseadecision'svaliditycan
onlybechallengedincourt,tlliscomplaintprocedurewillnotallowyoutoclaimsolelythata
caseorissuewaswronglydecided. Forexample,youcannotusethisprocessto complainonly
thatthejudgeerredinstatingorapplyingthelaw, statingthefacts, sentencingadefendant,or
decidingacivilcase. Thesameis trueof themorepreliminaryoradministrativedecisionsa
judgemaymake. Forexanlple,youcannotinvokethisprocessto claimmerelythatajudgewas
mistakeninfailingtorecuse,indeterminingthatyoumustpayfees, insettinghearingsand
deadlines,orindismissingpartiesfromacase. Claimssuchas thesewouldbe"merits-related"
andthereforeimproperunderthecomplaintprocedure. Alsoinlproperwouldbeacomplaint
asserting,withoutmore,thatajudgetooktoolongtoactinaparticularmatter.
If,however,acomplaintofdelayoranotherwisemerits-relatedcomplaintincludessupported
allegationsthatthejudgehadanimpropermotiveinactingordelaying, orthatthejudge
habituallydelayedinmanyunrelatedcases,thoseallegationswillbeconsidered. Animproper
motivecouldinvolveracial, ethnic,orpersonalbias,orabribe;orcouldstemfromimproper
3
contactswithpartiesorcounselforonesideinacase. Likewise,ifacomplaintincludes
supportedallegationsthatafailuretorecusewasnotonlywrongbutill-motivated- in
particular,thatthejudgeknewofarecusalrequirementbut,forillicitreasons,deliberatelyfailed
toheedit- theywillbeconsidered. And,ifacomplaintincludessupportedallegationsthata
judgemadepersonallyderogatoryremarksirrelevanttotheissues,ortreatedlitigantsand
attorneyswithextremehostilitywhileonthebench,thoseallegationswillbeconsidered.
The chiefjudge may conclude your complaintif thesubjectjudge voluntarily takes corrective
actionthatacknowledgesandremediestheproblemyoucomplainedabout. Thechiefjudgewill
concludeyourcomplaintifinterveningevents- suchasthesubjectjudge'sretirement,
resignation,ordeath- haveeliminatedtheneedforfurtheraction.
If the chiefjudge dismissesor concludes your complaint, you will receivea copyof the resulting
orderandbenotifiedof yourrighttohavethatorderreviewedbythejudicialcouncilof the
regionalappellatecourt(orbythenationalcourt,ifapplicable)inwhichthecomplaintis
pending. Thereviewprocessis discussedin 5,below. Ifyoudonotmakeatimelyrequestfor
suchreview,thechiefjudge'sorderwillbethefinal actiononyourcomplaint.
Whenacomplainthasreceivedfinal actionandisnolongersubjectto anyrightof review,
ordersonthatcomplaintarenladepubliclyavailableinthecourtclerk'sofficeandmayalsobe
postedonthecourt'sWebsite.
5. HowTOPETITIONFORREVIEWOFA CHIEFJUDGE'SORDERONA COMPLAINT
If thechiefjudgehasorderedthatyourcomplaintbedismissedorconcluded,youmaypetition
thecircuitjudicialcouncil(ornationalcourt,ifapplicable) forreview. Ifyouwishtoexercise
thisoption,youmustdosowithin35 daysfromthedateonthecourt'sletterthatinformedyou
of the chiefjudge's order. Your petition mustbe in letter form, addressed to the circuit clerk, in
anenvelopenlarked"MisconductPetition"or"DisabilityPetition." Thenameof the subject
judgemustnotbewrittenontheenvelope. Thelettershouldbetypewrittenorotherwiselegible
andshouldbeginwith"Iherebypetitionthejudicialcouncilforreviewof..."
Afterconsideringyourpetitionforreview,thejudicialcouncilwillactonit. Thecouncilmight
affirmthechiefjudge'sdisposition,oritmightreturnthemattertothechiefjudgeforfurther
inquiryorforappointmentofaspecialinvestigatingcommittee.
Youwillbegivenacopyofthejudicialcouncil'sorderonyourpetition. IftIle orderaffirmsthe
chiefjudge'sdispositionof yourcomplaint,withnodissentbyacouncilmemberassertingthata
specialconlmitteeshouldinvestigate,youhavenorightoffurtherreview. (In theeventofsuch
adissent,youmayrequestthattheJudicialConferenceCommitteeonJudicialConductand
Disabilityconsiderwhetheraspecialcommitteeshouldinvestigatethecomplaint.)
NOTE: You have no right offurther review ifthe chiefjudge dismissed or
concluded your complaint and the judicial council unanimously affirmed that
result. The same is true ifyou did not make a timely request for judicial council
review after your complaint was dismissed or concluded. Ifyou request further
4
review when you have no right to it, no action will be taken on your request.
Thejudicialcouncil'sorderonyourpetition,alongwiththechiefjudge'sorderonyour
complaint,willbemadepubliclyavailableinthecourtclerk'soffice. Insomeinstances,these
orderswillalsobepostedonthecourt'sWebsite.
6. WHAT HAPPENSIFYOURCOMPLAINTISREFERREDTOA SPECIALCOMMITTEE
If thechiefjudgerefersyourcomplaintto aspecialcon1mitteeofjudges,thatcommitteewill
investigateitandreportonittothejudicialcouncilof thecircuit- orto thefull bench,in
certainnationalcourts. (Acircuitjudicialcouncilis astandingbodyofjudgeswith
administrativeandmanagementfunctions.)
Initsinvestigation,thespecialcommitteemayconductanyinterviewsandhearingsitconsiders
necessary. Ifthespecialcommitteedeterminesthatyoumightpossessevidencenotalready
availableinwriting,itsrepresentativewillinterviewyou. Youmay,unaidedorthroughcounsel,
submitwrittenargumenttothespecialcommittee. Thespecialcommitteemay,initsdiscretion,
permityoutopresentoralargument,whichyoumaythendoeitheronyourownorthrough
counsel. Thesubjectjudgealsohastherighttocounsel.
Uponconcludingitsinvestigation,thespecialcommitteewillsubmitareportofitsfindingsand
recommendationstothejudicialcouncil. Youwillbenotifiedof thatsubmission. Thejudicial
councilmay,butneednot,provideyouwithacopyof thereport.
Afterthejudicialcouncilconsidersthespecialcommittee'sreport,itwillissueanorderonthe
con1plaint. Theordermayterminatethecomplaint(bydismissingorconcludingit). Or,itmay
prescribeotheraction,whichcouldinvolvefurtherproceedingsortheimpositionofanyof the
followingsanctions:
censuringorreprin1andingthesubjectjudge,eitherprivatelyorpublicly;
orderingthatnonewcasesbeassignedtothesubjectjudgeforalimited,fixedperiod;
in the caseof a magistrate judge,ordering thechiefjudge of thedistrict court to take
specifiedactionthatcouldincludeinitiatingthemagistratejudge'sren10val fromoffice;
inthecaseof abankruptcyjudge,removingthejudgefromoffice;
inthecaseof acircuitordistrictjudge,requestingthejudgetoretirevoluntarily; and
inthecaseof acircuitordistrictjudgewhoiseligibletoretirebutdoesnotdoso,
certifyinghisorherdisabilitysothatanadditionaljudgemaybeappointedtothatcourt.
Theprocessof impeachment,whichcanresultinacircuitordistrictjudge'sremovalfrom
office,isbeyondthescopeof thiscomplaintprocess. Impeachmentcanonlybeundertakenby
Congress. Ifthejudicialcouncilfindsthatthesubjectjudge'sconductmaywarrant
impeachment,itmustreferthatfindingtotheJudicialConferenceof theUnitedStates. The
ConferencewouldthendeterminewhethertocertifythemattertoCongress,whichwouldintum
decidewhethertoinitiateimpeachn1entproceedingsagainstthejudge. (TheConferencemayso
certifythematterwithoutanyunderlyingjudicialcouncilreferralifthesubjectjudgehasbeen
convictedof afelonyandthejudgmentisfinal.)
5
7. HowTOPETITIONFORREVIEWOFAJUDICIALCOUNCILORDERONASPECIAL
COMMITTEEREpORT
If a judicialcouncilhasissuedanorderactingonaspecialinvestigatingcomnlittee' sreporton
yourcomplaint,youmaypetitiontheJudicialConferenceCommitteeonJudicialConductand
Disabilityforreviewofthatorder. Ifyouwishto exercisethis option,younlustdosowithin63
days fromthedateofthecouncil'sorder,andyoumustsendtheJudicialConferenceCommittee
sevencopiesofyourpetition. (Ifyoucannotaffordtoproducethesevencopies,younlust
followthespecialprocedureprovidedinRule22(d).)
NOTE:Ifyour complaint did not result in the appointment ofa special
investigating committee, and the judicial council, without dissent, issued an order
on that complaint, you have no right offurther review. Ifyou request review
when you have no right ofreview, no action will be taken on your request.
Yourpetitionmustbrieflystatethefacts ofthecomplaint,thehistoryofthecomplaint's
consideration,andthegroundsonwhichyouseekreview. Itmustspecifythejudicialcouncil
order'sdateanddocketnumber,andincludeacopyoftheorder. Thepetitionshouldnotexceed
20pagesplusanynecessaryattachments.
Ordinarily,theJudicialConferenceCommittee'sconsiderationofyourpetitionwillnotinvolve
anypersonalappearancesororalargument,althoughtheCommitteemaypermitawritten
subnlissionfromyouorthesubjectjudge. Onlyinextraordinarycircumstancescanthe
Committeegobeyondtheexistingrecordandconductafurtherinvestigation.
TheJudicialConferenceCommittee'sorderdecidingyourpetitionwillbemadepublicly
availableonwww.uscourts.govandintheclerk'sofficeofthecourtwhosejudicialcouncil
actionwasreviewed. (Theunderlyingorderbythejudicialcouncilwillalsobepublicly
available.) YouhavenorightofreviewoftheJudicialConferenceCommittee'sorder.
8. WHAT HAPPENSIFYOUABUSETHECOMPLAINTPROCESS
IfyouabusetIlejudicialnlisconductordisabilityconlplaintprocessbyfiling frivolous or
repetitivecomplaints,youmayberestrictedfromfiling furthercomplaints. Youwouldfirstbe
givenanopportunityto showcauseinwritingwhyyourrightto file furthercomplaintsshould
notberestricted.
6
DARRn.L r: ISSA, CALIFORNIA
ONE HUNDRED TWELFTH CONGRESS U.IJAH E CUMMINGS, MARYLAND
CHAIHMAN RANKING MINORITY MEMBER
DAN BURTON, INDIANA EDOLPHUS TOWNS, NFW YORK
JOHN L MICA, FLORIDA CAROLYN B. MALONEY, NEW YORK
(!Congress of tbeWntteb
TODD RUSSELL PLATTS, PFNNSYI VANI!\ H CANOR HOLMES NORTON,
M ICHACL R TURNER, OHIO DISTRICT OF COLUMBIA
PATRICK McHENRY, NORTH CAFWLlNA DENNIS J KUCINICH, OHIO
JIM JORDAN, OHIO JOHN F. TIERNEY, MASSACHUSETTS 1l,oltgr of l\rpregentatiueg
JASON CHAFFETZ, UTAH WM LACY CLAY, MISSOURI
CONNIE MACK, FLORIDA STEPHEN F. LYNCH. MASSACHUSETTS
TIM WALBERG, MICHIGAN
COMMITIEE ON OVERSIGHT AND GOVERNMENT REFORM
JIM COOPER. ll:NNESSEE
JAMES LANKFORD, OKLAHOMA GERALD E. CONNOLLY, VIRGINIA
JUSTIN AMASH, MICHIGAN MIKE QUIGLEY, ILLINOIS
ANN MARIE BUERKLE, NEW YORK 2157 RAYBURN HOUSE OFFICE BUILDING
DANNY K. DAVIS, ILLINOIS
PAUL A GOSAR, D D.S., ARIZONA BRUCE L. BRALEY, IOWA
RAUL R. LABFlADOR. IDAHO PEHR WELCH, VERMONT
WASHINGTON, DC 20515-6143
PATRICK MEEHAN, PENNSYl VANIA JOHN A. YARMUTH, KENTUCKY
sc:on Drs,JARLAIS, M.D , fFNNESSH CHRISTOPHER S. MURPHY, CONNECTICUT
(;'O?):'2b ',0/4
,fOE WALSH, ILLINOIS JACKIE SPEIEH, CALIFORNIA
f ,\( 'dMII I l,'O?) ??'i 397.1
TRFY GOWDY, SOUTH CAROliNA
MIN' )HI; ( 1?02, 1
DENNIS A. ROSS, FLORIDA
FRANK C. GUINTA, NEW HAMPSHIHE
BLAKE FI\RFNTHOI 0, TEXAS
MIKE KELLY, PENNSYLVANIA
LAwnENCl J UHADY
STAFF DIRf:.CTOH
February25,2011
TheI-Ionorable SteveA. Linick
InspectorGeneral
Federal HousingFinanceAgency
1625 Eye Street,NW
DearMr. InspectorGeneral:
Iamwritingto requestthatyouinitiatean investigationintowidespreadallegationsof
abusebyprivateattorneysand lawtirinshiredto processforeclosllres aspartofthe"Retained
AttorneyNetwork"establishedby FannieMae. Ialsorequestthatyouexamineallegationsof
abusivebehavioronthepartofdefaultmanagenlentfirms engagedbybothmortgageservicers
managingFannieMae-backedloansand attorneysandfirms thatarepartoftheRetained
AttorneyNetwork. Finally, IrequestthatyouexamineeffortsbyFannieMaeandthe Federal
I-Iousing FinanceAgency(FHF'A) toinvestigatetheseallegationsand implementcorrective
action.
AllegationsofAbuseintheRetainedAttorneyNetwork
In August2008,FannieMaecreated"anewnlandatorynetworkofretainedattorneysto
handleall foreclosure andbankruptcymatters"relatingto FannieMaemortgage loans,whether
held in portfolioormortgage-backedsecurities. FannieMaerequiredthatonlytheseretained
attorneysrepresentFannieMae1110rtgage servicers,andit establishedthemaximumallowable
reinlbursablefees for foreclosure-relatedwork.I In December2010,FannieMaeExecutiveVice
PresidentTerenceEdwardsannouncedthattheRetainedAttorneyNetworkwouldbeexpanded
from 31 to 50 states.
2
I Fannie Mae,Netv Foreclosure and BankruptL)l Attorney Netvvork and Attorney's Fees
and ('osts (Announcement08-19)(Aug. 6, 2008)(onlineat https://www.efanniemae.com
/st/guides/ssg/annltrs/pdf/2008/0819.pdt)(requiringalso that'''requestsfor approval ofexcess
fees by FannieMaemustbe submittedviaemail''!).
2 Testilnonyofl'erenceEdwards, ExecutiveVice President, CreditPortfolio
Managelnent, FannieMae, beforethe u.S. SenateCommitteeonBanking, Housingand Urban
Affairs (Dec. 1,2010)(onlineatwww.fannielnae.coln/medialpdf/Edwards_
SenateBankingComnlittee_12-1-10. pdt).
11
'The Honorable Steve A. Linick
Page 2
Recent reports indicate that nlany of the private attorneys, law firms, and other entities
participating in the Retained Attorney Network have been accused of practices that are fraught
with flaws, errors, conflicts of interest, and fraud, and these allegations have prompted numerous
state and federal investigations.
For example, on August 10, 20 la, the Florida State Attorney General announced an
investigation into unfair and deceptive practices by the Law Offices of David J. Stern, P.A., the
l.Jaw Offices of Marshall C. Watson, P.A., and Shapiro & Fishnlan, L.L.P. The allegations
against the tirlns include creating and filing with Florida courts improper documentation to speed
foreclosures and establishing affiliated companies outside the United States to prepare false
documents.
3
In announcing this investigation, the Attorney General stated:
On nunlerous occasions, allegedly fabricated documents have been presented to
the courts in foreclosure actions to obtain final judglnents against homeowners.
Thousands of final judglnents of foreclosure against Florida homeowners may
have been the result of allegedly inlproper actions of the law firlns under
4
InvestIgatIon.
Fornler enlployees of the Stern law firn1 also reportedly alleged that the firm engaged in
"robo-signing," a practice in which employees signed hundreds of foreclosure affidavits each
day, falsely swearing to have personal knowledge of the underlying documents. One employee
testified that the firln' s chief operating officer "signed as Inany as 1,000 foreclosure affidavits a
day without reading a single word."s The elnployees also reported that the firln backdated and
altered documents, and that it took steps to cover its 111isconduct by changing the dates on
hundreds of docUlnents.
6
Last November, Fannie Mae issued a public notice stating that it had "terminated its
relationship with the Law Offices of David J. Stern" and inforlning servicers that they "may not
refer any future Fannie Mae nlatters to the Stern finn.,,7
the U.S. Trustee Progranl (UST'P) of the Department of Justice is
investigating another firnl in the J{etained Attorney Network, the firln of Steven J. Baum, P.C. of
A111herst, Ne\v York, for tiling foreclosure dOClunents that appear to be false or
3 Attorney General of Florida, Press Release: Floril1a Lalv Firms Subpoenaed Over
F'oreclosure [Jractices (Aug. 10, 2010) (online at \vww.nlytloridalegal.com/newsrel.nsfi
newsreleases/2BAC 1AF2A61 BBA398525777B0051 BB30).
4/
e
/.
5 1'he l?ise anel J?all qf'o Associated Press (Feb. 6, 2011).
6 Questions Risin<.g ()ver F'annie anlll;rel/llie 's ()vers(ght New York
rrilnes (Oct. 19,2010); The Foreclosure New York 'Tilnes (Mar. 20,2008).
7Fannie Mae, L)ervicing Notice: ]'erlnination lvilh the Stern Lavv Firm
(Nov. 1 20 10) (online at w\vw.efanniemae.com/sf/guides/ssg/annltrs/
pdf/20 1O/ntce 11101 a.pdf).
J-Ionorable Steve A. Linick
Page 3
attel1lpting to foreclose on borrowers after rejecting their attelnpts to 111ake on-tinle
and failing to prove ownership of mortgages as it seized homes. The firm has also been accused
of illegally charging for foreclosure-settlement conferences, overcharging on foreclosure fees,
and racketeering.
8
Another firnl in the Retained Attorney Network, McCalla Raymer, L.L.C., is a defendant
in a federal lawsuit in which the plaintit1s allege that it engaged in fraud, racketeering, and the
manufacture of fraudulent foreclosure documents. Reportedly, this firnl established operations
in Florida under the nalne Stone, McGehee & Silver and hired ten forlner Stern law firm
elnployees.
9
The firm Stone, McGehee and Silver, LLC, dba McCalla Raymer currently appears
as a "Designated Counsel/Trustee" in Florida for Freddie Mac.
ID
Lender Processing Services, Inc. (LPS), a $2.8 billion company headquartered in
Jacksonville, Florida-and the largest provider of default loan services in the nation-is also
under investigation by the Florida Attorney General for producing apparently forged or
fabricated dOCUl1lents in foreclosure actions. 11 LPS is also a defendant in a federal suit alleging
an illegal fee-sharing schelne. Filed in federal bankruptcy court in Mississippi, the suit alleges
that LPS and another company, Pronlmis Solutions I-Iolding COlnpany, illegally required
attorneys in their networks to turn over a portion of their fees for foreclosure services, and that
another large law firnl, Johnson & Freedman, I-J.L.C., joined in this schenle. The Chapter 13
'rrustee [or the Northern District of Mississippi, a unit of the DepartInent of Justice, has joined as
a plaintiff. 12
A special investigation by Reulers last Decelnber reported that LPS and its affiliated
cOlllpanies also allegedly deployed low-skilled, non-lawyers to prepare foreclosure documents,
created invalid Inortgage assignl1lents to facilitate foreclosures, and rewarded attorneys for speed
rather than accuracy in filing court pleadings. Reuters reported:
8 See Federal Honle [.Joan Mortgage Corp. v. Raia, SP 002253/10, District Court of
Nassau County, New York (Henlpstead); Campbell v. Baunl, 10-cv-3800, U.S. District Court,
Eastern District of New York Menashe v. Steven J. Baum P.C., 10-cv-5155, U.S.
District Court, Eastern District ofNe\v York (Central Islip); and Saum v. Lask, 2010- 012048,
New York Suprenle Court, County (Buffalo).
9 Novice J:;7orida Lcnv)Jers l.)llSIJicion in Foreclosure A1ess, Palm Beach Post (Jan.
13, 2011 ) (online at www.palnlbeachpost.com/nl0ney/real-estate/novice-florida-lawyers-draw-
suspicion-in-foreclosure-nless-1146402.htnl1).
10 Freddie Mac, (]uicle Exhibit 79: Designate(/ ("olinselIT'rustee (Florida) (revised 2/8/11)
(online at wvvw. freddienlac.coln/service/nlsp/exh79_ n.html).
II ()ftice of the Attorney General of Case Nunlber L10-3-1 094 (online at
http://nlyfloridalegal.conl/_85256309005085AB. nsf/0/98099A9003203OBE8525771300426A
68?C)pen&I-lighlight==0,lps).
12 'Thorne v. Pronlnlis Solutions I-Iolding Corp. et aI., Second Amended Class Action
COlnplaint, 10-01172 (BR Oct. 10,2010).
l"'he I-Ionorable SteveA. Linick
Page4
ThelawfiriTIS are on astopwatch. [An LPS spokesman] COnfirlTIed thatthe LPS Desktop
systelTI automaticallytinles howlongeach firm takes to completeatask. It assignsfirnls
thatturn outwork the fastest a"green"rating; slowerones"yellow"and"red"for those
thattake the longest. Courtrecords showthatgreenratings go to firiTIS thatjumpon
offeredassignlnentsfrom theirLPS computerscreensand almostinstantlyturnoutready-
to-filecourtpleadings,oftenusingteanlS oflow-skilledclerical workers with little
oversight fro111 the lawyers.13
Although Fannie Mae terll1inated its relationshipwith the Sternlawfirm lastNovember,
it does notappearto have terminated its relationshipswithanyofthe otherfirms described
above.
14
for Investigation
T'hese are seriousallegationsthat nlay have affectedthousandsofhomeowners. Forthese
reasons, Irequestthat youroffice initiateacOlnprehensive investigation into allegationsofabuse
by attorneysand lawfirms participatingin the Retained AttorneyNetwork,as well as servicers
and defaultloanservice providersalleged to have participated in these abuses.
Itis Illy understandingthatthe ll1issionofyourofliceis to "promotethe economy,
etliciency,and effectivenessofthe FHFA'sprogranls;to assistFHFAin the perforn1anceofits
111ission; to preventand detectfraud, waste, and abusein FHFA's and to seek
sanctionsand prosecutionsagainstthosewho areresponsible for suchfraud, waste, and abuse.,,15
In 2008, FHFAreplaced the OfficeofFederal HousingEnterpriseOversightandbecamethe
regulatorand conservatorfor Fannie Mae. As such,the agency'sduties includeoverseeingthe
"prudential operations"ofFannieMae and its contractorsand ensuringthattheiractivitiesand
operations"areconsistentwith the public
With this background,I requestthat you addressthe following issueswith respectto
attorneysand law firnls participatingin the Retained AttorneyNetworkprogramand with
respect to otherentitiesengagedby bothmortgage servicers InanagingFannieMae-backed loans
andattorneysand finns that are partofthe RetainedAttorneyNetwork:
1. '"1"'0 whatextent have hon1eo\vners lost theirhon1es to inlproper, illegal,orotherwise
invalid foreclosures as aresultofthe typesofabusesdescribed above?
13 Jd.
14 Fannie Mae, I?etainecl /ll1orney List (effective February 10,2011)(onlineat
https: IIw\vw. efanni enlae. colnlsf/technologyIservi nvreportlanl n/pdfl retai nedattorneylist. pdf).
15 Websiteofthe Federal I-lousing FinanceAdn1inistrationOfficeofInspectorGeneral
(accessedon Feb. 3,2011)(onlineat Www.fllfaoig.gov/).
16 Section 1313(a)(1 I-Iousing and Economic Recovery Actof2008 (P.L. 110-
289).
'rheI-Ionorable SteveA. Linick
Page 5
2. To what extenthave homeowners beencharged inlproper, illegal, orotherwiseinvalid
fees duringthe foreclosure process?
3. 1"0 whatextentare attorneys, lawiirlTIS, and otherentitiesengaged in fee-splitting,
kickbacks, orothersilnilarschenles?
4. What is the total anlount in 'excess fees" thathas been requestedfrom FannieMae by
attorneys and lawfirlns? Ofthis amount, howmuch has been reilnbursed, andhownluch
has beendeterlninedto be inappropriateorunwarranted?
5. I-lave FJ-IFA or Fannie Mae conducted investigations into allegationsofabuse by
attorneys, lawfirlTIS, orotherentities,and ifso, \vhat are the results? Werethese
allegationsconsideredbeforethe recentexpansionofthe RetainedAttorneyNetworkto
all 50 states?
6. Whatspecificinforlnation has been collectedregardingallegationsagainstthe following
firnls and theiraffiliates?
a. LawOfficesofDavid J. Stern, P.A.
b. l.law ()fticesofMarshall C. Watson, P.A.
c. Shapiro& Fishn1an'l l.l.L.P.
d. StevenJ. Baunl, P.C.
e. McCallaRaymer, L.L.C.
f. Johnson& Freednlan, L.L.C.
g. Prolnmis Solutions IIolding COlnpany
h. LenderProcessingServices,Inc. and LPS Default Solutions, L.L.C.
7. t-Iave there beenclaimsallegingthatotherattorneysorlawfirms participatingin the
Retained AttorneyNetworkprogranlorany defaultnlanagementfirms Inanagingthe
foreclosure ofFannieMae-backed loans have engaged in similarconductthat violatesthe
rightsofborrowersorinvestors, federal orstate foreclosure Initigationprograln
guidelines, federal orstate la\v, federal orstatejudicialrequirements, statebarethics
requirelnents,orotherregulations, rules, guidelines, orlaws?
8. 'fowhatextenthave the allegedabusesdescribed above underlnined lossandforeclosure
nlitigationeffortsand outcoll1es? Whatresponsibilitiesdo loanservicershave in
1110nitoring and overseeingthe activitiesofattorneys and otherthird party companies?
Whatare the levelsofcure rate and loss Initigationactivitiesamong retainedattorneys?
'rhe Honorable Steve A. Ljnick
Page 6
If you have any questions about this request, please have a member of your staff contact
Lucinda LJessley of the conlmittee staff at 202-225-4290.
'r'hank you for your consideration, and please feel free to contact me or my staff with any
questions.
Sincerely,
cc: The Honorable Darrell E. Issa, Chairnlan
Electronically Filed 07/08/2013 07:33:04 PM ET
IN THE CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT OF
FLORIDA IN AND MARION COUNTY
GENERAL JURISDICTION DIVISION
REVERSE MORTGAGE SOLUTIONS, INC., Case No.: 2013-CA-000115
Plaintiff,
v.
MARK GILLESPIE, et al.,
Defendants.
_______________
NOTICE OF DEFENDANTS' CONSENT TO ,JUDGMENT
Defendants, MARK GILLESPIE and JOEITA GILLESPIE AKA UNKNOWN SPOUSE
OF MARK GILLESPIE and ELIZABETH BAUERLE NKA ELIZABETH BIDGOOD
(hereinafter, the "Defendants"), file this Notice of Defendant's Consent to Judgment:
1. The Defendants, MARK GILLESPIE and JOETTA GILLESPIE AKA
UNKNOWN SPOUSE OF MARK GILLESPIE and ELIZABETH BAUERLE NKA
ELIZABETH BIDGOOD, have been named as Defendants in this action.
2. Plaintiff is seeking to recover the property located at 8092 SW 115th Loop,
Ocala, FL 34481 based on an "event of default" under the terms of the Adjustable Rate Note
(Home Equity Conversion) a/kIa "reverse mortgage".
3. Because this is a reverse mortgage, the Defendants have no financial liability
under the terms of the subject loan. See paragraph 7(a) of the Note and 9(a) of the Mortgage.
4. Defendants do not wish to contest entry of final judgment against Defendants.
5. The Defendants desire swift resolution to this action so they hereby give consent
to having Judgment entered in favor of the Plaintiff in this action.
KEL File #13LAW34876
12
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have electronically filed via the Florida Courts eFiling
Portal and furnished a true and correct copy of the foregoing to Angela M. Brenwald, Esquire, of
McCalla Raymer LLC, 225 E. Robinson S1., Orlando, FL 32801,
mrservice@mccallaraymer.com; via [x] Email Delivery, today July 5, 2013.
KAUFMAN, ENGLETT & LYND, PLLC
/s/ Anthony J. Solomon
Anthony J. Solomon, Esq.
Florida Bar No. 93057
111 N. Magnolia Avenue, Suite 1600
Orlando, FL 32801
Telephone No.: (407) 513-1900
Primary Email: asolomon@kelattorneys.com
Secondary Email: KELinbox@kelattomeys.com
Attorney for Defendants: MARK GILLESPIE and
JOETIA GILLESPIE AKA UNKNOWN SPOUSE OF
MARK GILLESPIE
KEL File #13LAW34876
34
Unlicensed Practice of Law (UPL) in the state of Florida
UPL is a 3d felony subject to 5-yrs in prison (454.23), defined by Florida Bar Rule 10-2.1(a):
(a) Unlicensed Practice of Law. The unlicensed practice of law shall mean the practice
of law, as prohibited by statute, court rule, and case law of the state of Florida.
Mr. Rodems UPL complaint against me appears in this petition at Appendix L and alleges:
Neil J . Gillespie is not a lawyer. He has...represented a Trust in state and federal court
litigation, and as a personal representative of the Estate of Penelope Gillespie...
I am not a lawyer. I appear pro se because I am indigent and financially unable to obtain counsel.
I deny Mr. Rodems allegation that I represented a Trust in state and federal court litigation,
and as a personal representative of the Estate of Penelope Gillespie... I represent only my
personal interest for myself, and my personal interest as co-trustee, as permitted by law:
First Amendment right to petition the Governmental for a redress of grievances.
28 U.S.C. 1654 - Appearance personally or by counsel.
Fed.R.Civ.Pro. 17 capacity (a) real interest (1) own name (E) trustee of express trust
Fla Const, Art I, Sec 21: Access to courts. The courts shall be open to every person for
redress of any injury, and justice shall be administered without sale, denial or delay.
Florida Statutes, 454.18, any person, whether an attorney or not . . . may conduct
his or her own cause in any court of this state.
Fla. Prob. Rule 5.030(a) Exception, see Lituchy v. Estate of Lituchy. I appear for my
own interest in the Estate. No one was appointed personal representative of the
Estate by Court Order. The last will and testament of my Mother names Mark
Gillespie personal representative and me as substitute personal representative.
Mark Gillespie, et al, represented in foreclosure by Tiffany Caparas Esq., Kaufman,
Englett and Lynd, PLLC; Notice of Consent to J udgment filed in 42-2013CA-000115
because they have no interest in the property. I only represent my interest in the trust.
Pro se litigants are held to a less stringent standard, see Tannenbaum v. United States.
The Courts failed to make a counsel appoint for me on basis of mental, physical and
speech disability. I plan to make a new motion for counsel appointment ASAP.
Order of J udge Cook attached to Rodems UPL complaint is a sham. see U.S. v Terry
The ICCPR provides me additional rights to represent my own interest in a fair court.
I was a client of FLSMF and got legal advice on the foreclosure, no advice of UPL.
UPL by Mr. Rodems: Represented the state of Florida in 5:10-cv-503, J une 21, 2011, prohibited:
Only the Attorney General of Florida may represent the State of Florida in a federal court
action, Fla. Const. Art IV 4, F.S. 16.01, State ex rel. Shevin v. Weinstein.
Mr. Castagliuolo, misprision of felony 18 U.S.C. 4, J une 21, 2011 failed to report Rodems UPL.
UPL by Mr. Rodems: Gillespie v. Barker, Rodems & Cook, 05-CA-7205 (and 20 related cases),
prohibited by Fla. Bar Rules 4-1.7, 4-1.9, 4-1.10, and McPartland v. ISI Inv. Services, Inc.
UPL by paralegal Yolanda I. Martinez, McCalla Raymer, Rule 10-2.1(a), Ethics Opinion 70-62,
activity which requires the attorney's personal judgment and participation; Florida Court, see
emails Aug-07-2013 Gillespie-Martinez (Sep. Vol. App No. 2); District Court, see Rule 11
sanction motion (Doc. 15); Rule 55 motion for default judgment, (Doc. 16); Rule 72/Rule
60(b)(3) Verified Objection to Magistrate Order (Doc. 17); Affidavit 28 U.S.C. 144 (Doc. 22)
Petition No. 13-7280, SCOTUS
CLSMF
13
IN THECIRCUITCOURTOFTHE5THJUDICIAL
eIRCUITINAND FORMARIONCOUNTY, FLORIDA
CASENO.
Plaintiff,
vs.
NEILJ. GILLESPIEAND MARKGILLESPIEAS
CO-TRUSTEESOFTHEGILLESPIEFAMILY
LIVINGTRUSTAGREEMENTDATEDFEBRUARY
10, 1997, etaI.,
Defendants.
/
NOTICEOFCOMPLIANCEWITHRULE2.516
ANDDESIGNATIONOFE-MAILADDRESS
COMESNOWthePlaintiff,REVERSEMORTGAGESOLUTIONS,INC., byandthrough its undersigned
attorney, and pursuantto Rule2.516ofFloridaRulesofJudicialAdministration,andtheSupremeCourtdecision SC 10-
2101 regardingE-Mail ServiceRuleherebydesignatethefollowingemailaddressforthepurposeofreceivingpleadings:,
and statesthe following:
1. MRService@mccallarayn1er.coI1l
anielleN. Parsons,Esq.
McCallaRaymer, LLC
AttorneyforPlaintiff
225 E. Robinson St. Suite660
Orlando,FL32801
Phone: (407)674- 1850
Fax: (321)248-0420
Email: MRService@mccallaraymer.com
Fla. BarNo.: 0029364
960921
12-02121-2
14
Section VIII UPL investigation of Neil Gillespie for defending foreclosure of his home
The Florida Bar is wrongly investigating me for UPL for representing my interests in this
foreclosure, initiated on a complaint by Ryan Christopher Rodems. See the Unlicensed Practice
of Law Investigation of Neil J . Gillespie, Case No. 20133090(5), provided to me May 14, 2013
by letter of Ghunise Coaxum, UPL Bar Counsel. (Doc. 29, case 5:13-cv-00058-WTH-PRL).
This matter, inter alia, is before the Supreme Court of the United States, Petition No. 13-7280,
Neil J . Gillespie v. Reverse Mortgage Solutions, Inc. et al. The Florida Bar is a cross-party.
As set forth in Petition No. 13-7280, page 34: (Exhibit 13) Mr. Rodems UPL complaint against
me appears in this petition at Appendix L and alleges:
Neil J . Gillespie is not a lawyer. He has...represented a Trust in state and federal court
litigation, and as a personal representative of the Estate of Penelope Gillespie...
I am not a lawyer. I appear pro se because I am indigent and financially unable to obtain counsel.
I deny Mr. Rodems allegation that I represented a Trust in state and federal court litigation,
and as a personal representative of the Estate of Penelope Gillespie... I represent only my
personal interest for myself, and my personal interest as co-trustee, as permitted by law:
First Amendment right to petition the Governmental for a redress of grievances.
28 U.S.C. 1654 - Appearance personally or by counsel.
Fed.R.Civ.Pro. 17 capacity (a) real interest (1) own name (E) trustee of express trust
Fla Const, Art I, Sec 21: Access to courts. The courts shall be open to every person for
redress of any injury, and justice shall be administered without sale, denial or delay.
Florida Statutes, 454.18, any person, whether an attorney or not . . . may conduct
his or her own cause in any court of this state.
Fla. Prob. Rule 5.030(a) Exception, see Lituchy v. Estate of Lituchy. I appear for my
own interest in the Estate. No one was appointed personal representative of the
Estate by Court Order. The last will and testament of my Mother names Mark
Gillespie personal representative and me as substitute personal representative.
Mark Gillespie, et al, represented in foreclosure by Tiffany Caparas Esq., Kaufman,
Englett and Lynd, PLLC; Notice of Consent to J udgment filed in 42-2013CA-000115
because they have no interest in the property. I only represent my interest in the trust.
Pro se litigants are held to a less stringent standard, see Tannenbaum v. United States.
The Courts failed to make a counsel appoint for me on basis of mental, physical and
speech disability. I plan to make a new motion for counsel appointment ASAP.
Order of J udge Cook attached to Rodems UPL complaint is a sham. see U.S. v Terry
The ICCPR provides me additional rights to represent my own interest in a fair court.
I was a client of FLSMF and got legal advice on the foreclosure, no advice of UPL.
CLSMF - correction
The Notice of Defendants Consent to J udgment filed in 42-2013CA-000115 by Kaufman,
Englett and Lynd, PLLC for Mark Gillespie, et al. appears at Exhibit 12.
15
Section X Mr. Rodems legal advice to Gillespie on foreclosure of reverse mortgage
Mr. Rodems provided me legal advice about this HECM reverse mortgage on J une 21, 2011
during his deposition of me in Gillespie v Barker Rodems & Cook, case 05-CA-7205, while I
was held coercive custody at the Hillsborough Courthouse.
On J une 1, 2011 Mr. Rodems corruptly got a civil bodily attachment arrest order issued to
depose me after case 05-CA-7205 closed and was on appeal in 2D10-5197. It was part of a
RICO racketeering scheme to force a coercive confinement settlement of my federal claims in
5:10-cv-503, Gillespie v. Thirteenth J udicial Circuit Florida et al, U.S.D.C. M.D.Fla. Ocala Div.,
as described in my Motion to Reconsider, Vacate or Modify Order in Appeal No. 12-11028-B in
the U.S. Eleventh Circuit found on PACER and posted on Scribed (3,157 views as of today):
http://www.scribd.com/doc/95369974/Motion-to-Reconsider-RICO-C-A-11-12-11028-B
Prior to providing me legal advice, Mr. Rodems read the all the mortgage documents, and did not
advise me of UPL if I represented myself. Rodems also read The Gillespie Family Living Trust
Agreement Dated February 10, 1997. Note: Mr. Rodems has lied so much about the Trust, that I
made it public as filed with my affidavit of indigency in case 5:11-cv-00539 (Doc 3) on PACER:
Here are sections from the transcript of the deposition where Mr. Rodems voluntarily provided
me legal advice but failed to inform me that appearing pro se to defend the foreclosure would
subject me to an investigation for UPL by The Florida Bar. (made on his UPL complaint).
Page 107
16 [ Mr . Rodems] Q Okay. Let ' s go t hr ough t he i t ems t hat I
17 have r equest ed i n t he deposi t i on. The f i r st i t em
18 was t he t r ust and al l amendment s, modi f i cat i ons or
19 changes. You' ve pr ovi ded me wi t h a document whi ch
20 i s Exhi bi t 4. I s i t your t est i mony t hat t hi s i s a
21 copy of t he t r ust dat ed Febr uar y 10t h, 1997 and al l
22 amendment s or modi f i cat i ons or changes?
23 [ Mr . Gi l l espi e] A Let me t ake a qui ck l ook at i t .
24 [ Mr . Rodems] Q Yes, si r .
25 [ Mr . Gi l l espi e] A Yes, uh- huh.
Page 112
9 [ Mr . Rodems] Q Okay. I f I r ead t hi s cor r ect l y, Mr .
14 1997. Cor r ect ?
15 [ Mr . Gi l l espi e] A That ' s one way t o r ead i t . Bank of
17 [ Mr . Rodems] Q And I ' l l r ead t he accel er at i on cl ause
Page 113
8 BY MR. RODEMS:
14 Gi l l espi e?
Section XI Political persecution of Neil Gillespie by The Florida Bar et al.
On October 25, 2013 I made an urgent appeal to the United Nations for protection from political
persecution. I am being persecuted by The Florida Bar, U.S. J udge William Terrell Hodges, and
Florida attorneys Ryan Christopher Rodems and Eugene P. Castagliuolo, in retaliation for
petitioning for a redress of grievances in Petition No. 12-7747 for writ of certiorari to the U.S.
Supreme Court. http://www.scribd.com/doc/179178461/
Unfortunately Petition No. 12-7747 was compromised by fraud of the Respondents. Specific
examples of current and ongoing political persecution of me include:
1. The Florida Bar for an open investigation of me for Unlicensed Practice of Law (UPL).
2. Mr. Rodems made the UPL complaint against me for representing myself and my interests.
3. J udge Hodges corruptly assisted McCalla Raymer in a wrongfully foreclosure of my home.
4. Mr. Castagliuolo ongoing threats to interfere with my Social Security disability income.
Petition No. 12-7747 was denied February 19, 2013. Rehearing was denied April 15, 2013.
Affidavit of Neil J . Gillespie: Fraud or Impairment of Petition No. 12-7747
http://www.scribd.com/doc/178751175/
In May 2013 Diana R. Esposito, Florida Chief-Assistant Attorney General, provided me
incriminating public records showing Respondent David A. Rowland, General Counsel for
Respondent Thirteenth J udicial Circuit Florida, concocted with others a fraud to falsely portray
to Kenneth Wilson, Florida Assistant Attorney General, that I did not serve Mr. Rowland my
petition as I certified under Supreme Court Rule 29. Mr. Wilson claims he relied on Rowlands
fraud, and did not submit a brief in opposition due the Supreme Court J anuary 14, 2013.
Without a response, Florida Attorney General Pam Bondi denied me due process under the Fifth
and Fourteenth Amendments. The U.S. Supreme Court relies on opposition briefs as part of its
adversarial process to properly litigate and decide a petition. Floridas opposition brief was due
J anuary 14, 2013. AG Bondi did not respond for Florida, thus no opposition brief was distributed
for the Supreme Courts Conference February 15, 2013.
Persecution of me by U.S. J udge William Terrell Hodges
J udge Hodges made unlawful rulings to benefit the Plaintiff in a foreclosure action on my home.
Yolanda Martinez, a paralegal to Plaintiffs counsel Danielle Parsons of McCalla Raymer, LLC,
engaged in the Unlicensed Practice of Law in furtherance of a scheme to take my home by fraud,
see my Rule 11 sanction motion (Doc. 15), my Rule 55 default motion (Doc. 16), and my
verified objection to magistrate order Doc. 12 (Doc. 17) in case 5:13-cv-58-oc-WTH-PRL.
J udge Hodges is a shareholder in Bank of America, the real party Plaintiff, but failed to recuse as
required by 28 U.S.C. 455(b)(4) for his financial interest Bank of America. J udge Hodges then
ignored my 48 page affidavit for bias or prejudice, 28 U.S.C. 144, filed April 8, 2013 (Doc 22).
Tellingly J udge Hodges entered an order (Doc. 24) that wrongly denied under 144 his own
disqualification, and thus wrongly denied my Rule 59(e) motion to alter or amend judgment.
J udge Hodges will not acknowledge certain federal laws of the United States, specifically the
DoddFrank Wall Street Reform and Consumer Protection Act (12 U.S.C. Chapter 53), or the
Consumer Financial Protection Bureau (CFPB, 12 U.S.C. Chapter 53, Subchapter V) in orders
responsive to my pleadings in a contested HECM reverse mortgage foreclosure by Reverse
Mortgage Solutions, Inc. for Bank of America, the real party Plaintiff.
On March 15, 2013 I wrote to U.S. Senator Elizabeth Warren of Massachusetts about J udge
Hodges misconduct. Sen. Warren helped create and pass the DoddFrank Wall Street Reform
and Consumer Protection Act and the CFPB. J udge Hodges wrongly remanded the foreclosure
back to state court, which I appealed. U.S. Eleventh Circuit, Appeal No. 13-11585-B.
Section XII U.S. Congressman Elijah E. Cummings letter to FHFA; McCalla Raymer
U.S. Congressman Elijah E. Cummings wrote February 25, 2011 to Inspector General Steve A.
Linick of Federal Housing Finance Agency (FHFA) asking that he initiate an investigation into
widespread allegations of abuse by private attorneys and law firms hired to process foreclosures
as part of the "Retained Attorney Network" established by Fannie Mae. Homeowners will get
abused by attorneys, paralegals and foreclosure mills like I got abused by McCalla Raymer LLC
while defending my HECM foreclosure. Rep. Cummings cited McCalla Raymer, LLC by name:
Another firm in the Retained Attorney Network, McCalla Raymer, L.L.C., is a
defendant in a federal lawsuit in which the plaintiffs allege that it engaged in fraud,
racketeering, and the manufacture of fraudulent foreclosure documents. Reportedly, this
firm established operations in Florida under the name Stone, McGehee & Silver and
hired ten former Stern law firm employees. The firm Stone, McGehee and Silver, LLC,
dba McCalla Raymer currently appears as a "Designated Counsel/Trustee" in Florida for
Freddie Mac.
U.S. Congressman Cummings six-page letter appears at Exhibit 11.
McCalla Raymer, LLC was also sued in the following federal lawsuits of which I am aware:
Muradas et al v. M&T Bank, RMS, 0.13-cv-60178-RSR
U.S. District Court, Southern District of Florida
Caceres v. McCalla Raymer, LLC, 1.13-cv-20035
U.S. District Court, Southern District of Florida
J enkins et al v. McCalla Raymer, LLC et al, 1:10-cv-03732-CAP
U.S. District Court, N.D. Georgia, Atlanta Division
Marcia Moore v McCalla Raymer, LLC, 1:12-CV-1714-TWT
Thompson-El v. Bank of America, et al, case no. 1:12-CV-840-TWT
This list is not exhaustive, and I do not know the current status of these lawsuits.
Section XIII McCalla Raymer LLC, criminal enterprise for Atty. Gen. investigation
On information and belief, McCalla Raymer LLC operates as criminal enterprise and this is an
appropriate matter for the Attorney General of Florida to investigate and prosecute.
Section XIV Disability of Neil J. Gillespie, exploitation by McCalla Raymer/RMS
I am a disabled adult as defined by the following:
The Rehabilitation Act of 1973, 29 U.S.C. 701 et. seq.
Section 825.101(4), Florida Statutes, Abuse and Exploitation of Disabled Adults
The Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq.
ADA Amendments Act of 2008 (ADAAA)
Paralegal Yolanda I. Martinez and attorney Danielle N. Parsons know I am disabled from my
filings in this matter, and engaged in Exploitation of a Disabled Adult as defined by Chapter 825,
Fla. Stat. as shown in this UPL complaint, and cases related to foreclosure of my homestead.
Florida Bar Rule 4-8.4(d) should protect me, a disabled adult and litigant: A lawyer shall not
engage in conduct in connection with the practice of law that is prejudicial to the administration
of justice, including to knowingly, or through callous indifference, disparage, humiliate, or
discriminate against litigantson any basis, including, but not limited to disability.
Negligence per se: Violation of statutes or regulatory provision that either are designed to protect
a particular class of persons from their inability to protect themselves or establishes a duty to
take precautions to guard a certain class of persons from a specific type of injury. Failure to do
so establishes negligence per se. Florida Freight Terminals, Inc. v. Cabanas, 354 So. 2d 1222
(Fla. Dist. Ct. App., 3d Dist. 1978).
The Eggshell Skull Rule holds a defendant is liable for the plaintiff's unforeseeable and
uncommon reactions to the defendant's negligent or intentional tort. If the defendant commits a
tort against the plaintiff without a complete defense, the defendant becomes liable for any injury
that is magnified by the plaintiff's peculiar characteristics.
http://www.law.cornell.edu/wex/eggshell_skull_rule
1109824 12-02121-3
U.S. DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA (OCALA)
CASE NO: 5:13-cv-00058-WTH-PRL

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.
/

AGREED MOTION FOR EXTENSION OF TIME

Plaintiff, REVERSE MORTGAGE SOLUTIONS, INC., by and through its undersigned
counsel pursuant to Florida Rules of Civil Procedure, hereby files this Motion for Extension of
Time to file a response to Defendant, NEIL GILLESPIEs, Motion to Dismiss and in support
thereof, states as follows:
1. On or about February 6, 2013, Defendant, Neil Gillespie, filed its Motion to
Dismiss with the Court.
2. Pursuant to the Federal Rules of Civil Procedure, a response is due to the Motion
to Dismiss on or about February 21, 2013.
3. Plaintiff requires additional time to file its response as it requires additional
information.
4. Plaintiff seeks this extension in good faith and not for the purposes of delay.
5. No parties will be prejudiced by the granting of this extension of time.
WHEREFORE Plaintiff, REVERSE MORTGAGE SOLUTIONS, INC., respectfully requests
this Honorable Court extend the time for filing of Plaintiff`s response to Defendant`s Motion to
Dismiss for (20) twenty day or until March 13, 2013, and to grant such other and further relief as
16
1109824 12-02121-3
the Court deems just and appropriate.
CERTIFICATION PURSUANT TO MIDDLE DISTRICT LOCAL RULE 3.01(g)
Counsel for Plaintiff hereby advises this Honorable Court that it has attempted in good
faith to confer with pro se Defendant, Neil Gillespie via electronic mail as this is the only form
of communication we have. Counsel sent an email to Mr. Gillespie advising him that we were in
need of an extension. Defendant, Neil Gillespie, has agreed to the within request for an
extension of time.

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

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 21
st
day of February, 2013, I electronically filed the
foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing
document is being served this day on all counsel of record or pro se parties, either via
transmission of Notice of Electronic Filing generated by CM/ECF or via electronic mail and/or
U.S. Mail.

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

1109824 12-02121-3
SERVICE LIST

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

Oak Run Homeowners Association, Inc.
c/o Robert A. Stermer, Esq., Registered Agent
7480 SW Highway 200
Ocala, FL 34476

Colleen Murphy Davis, Assistant United States Attorney
400 N. Tampa Street, Ste. 3200
Tampa, FL 33602
usaflm.state.foreclosure@usdoj.gov
Michalene.Rowells@hud.gov

Elizabeth Bauerle
6356 SW 106th Place
Ocala, FL 34476

Tiffany T. Caparas, Esq.
Kaufman, Englett and Lynd, PLLC
111 N. Magnolia Av., Suite 1600
Orlando , FL 32801
TCaparas@kelattorneys.com
KELinbox@kelattorneys.com

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

Development & Construction Corporation of America
c/o Registered Agent: Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481

Unknown spouse of Elizabeth Bauerle
6356 SW 106th Place
Ocala, FL 34476

Unknown spouse of Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123

Unknown spouse of Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Form1.997CIVILCOVERSHEET
The civil coversheetand the information containedherein tteitherr-eplace nor supplementthe filing and serviceofpleadingsorother
papersas required by law. This form shall befiled bytheplaintifforpetitionerforthe use ofthe ClerkoftheCourtforthepurposeof
reportingjudicialworkloaddatapursuantto FloridaStatutesSection 25.075.
I. CASESTYLE
INTHECIRCUITCOURTOFTHEFIFTH
JUDICIALCIRCUITOFFLORIDAINAND
FORMARIONCOUNTY
Case#
Plaintiff REVERSE MORTGAGESOLUTIONS,INC. Judge:
vs.
Defendant NEILJ.GILLESPIEAND MARKGILLESPIEAS CO-TRUSTEES
OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATEDFEBRUARY10,1997,etat.
II. TYPEOFCASE (Ifthe case fits more than one type ofcase, select the most definitive category.) Ifthe most
descriptive label is a subcategory (is indented under a broadercategory), place an "x" in both
the main categoryandsubcategoryboxes.
Condominium
Contractsand indebtedness
Eminentdomain
Autonegligence
Negligence- other
Businessgovernance
Businesstorts
Environmental/Toxictort
Thirdparty indemnification
Constructiondefect
Masstort
Negligentsecurity
Nursinghomenegligence
Premises liability- commercial
Premisesliability- residential
Products liability
X Real Property/MortgageForeclosure
Commercialforeclosure $0- $50,000
X_Commercial foreclosure $50,001 - $249,999
Commercialforeclosure $250,000ormore
Constitutionalchallenge- proposedamendment
Corporatetrusts
Homesteadresidentialforeclosure $0- $50,000
Homesteadresidential foreclosure $50,001 -$249,999
Homesteadresidentialforeclosure $250,000ormore
Nonhomesteadresidentialforeclosure
$0- $50,000
Nonhomesteadresidentialforeclosure
$50,001 - $249,999
Nonhomesteadresidential foreclosure
$250,000ormore
Otherrealpropertyactions$0 - $50,000
Otherrealpropertyactions$50,001 - $249,999
Otherreal propertyactions $250,000ormore
Professionalmalpractice
Malpractice- business
Malpractice- medical
Malpractice- otherprofessional
Other
Antitrust/Traderegulation
Businesstransactions
Constitutionalchallenge- statuteorordinance
Libel/Slander
Shareholderderivativeaction
960921
17
II. TYPEOFCASE (Ifthe case fits more than one type ofcase, select the most definitive category.)
descriptive label is asJlbcategory (is indented under a broadercategory), place an
themaincategoryandsubcategoryboxes.
Ifthe most
"x" in both
Condominium Homesteadresidentialforeclosure $0.. $50,000
Discrimination- employmentorother Securitieslitigation
Insuranceclaims Tradesecrets
Intellectualproperty Trustlitigation
III. REMEDIESSOUGHT(checkall thatapply):
X monetary;
nonmonetarydeclaratoryorinjunctiverelief;
punitive
IV. NUMBEROFCAUSESOFACTION: [ I
(specify)
v. ISTHISCASEACLASSACTIONLAWSUIT?
yes
X no
VI. HASNOTICEOFANYKNOWNRELATEDCASESBEENFILED?
X no
yes If"yes, tt listallrelatedcasesbyname,casenumber,andcourt.
VII. ISJURYTRIALDEMANDEDINCOMPLAINT?
yes
X no
d in thiscoversheetis accuratetothebestofmy knowledgeandbelief.
lao Bar# 0029364
Attorneyorparty (Bar#i fattorney)
DanielleN. Parsons
information Ihaveprov
_t:l_--
Signatu
960921 12-02121-2
18

Bar Complaint Danielle Parsons

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Bar Complaint Danielle Parsons

Încărcat de

Drepturi de autor:

Formate disponibile

The Florida Bar

John F. Harkness, Jr.

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