VIA UPS No.

1Z64589FNY96426019
Ed Jennings, Jr., Regional Administrator
U.S. Dept. Housing and Urban Development
Office of the Regional Administrator
Five Points Plaza Building
40 Marietta Street
Atlanta, GA 30303-2806
Email: GA_Webmanager@hud.gov

July 17, 2014

cc: Alvera D. Crittendon
U.S. Dept. Housing and Urban Development
Acting Regional FOIA Public Liaison
Five Points Plaza Building
40 Marietta Street
Atlanta, GA 30303-2806
Email: William.G.Daugherty@hud.gov.

RE: Letter of Alvera D. Crittendon, July 11, 2014, copy enclosed.

Mr. Jennings, Regional Administrator:
The enclosed letter of Alvera D. Crittendon, captioned above, is not correct. The letter did not
accurately reflect my FOIA dated April 16, 2014, copy enclosed. I did not make a FOIA request
May 28, 2014. My enclosed FOIA dated April 16, 2014 requested in relevant part:
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.
On June 25, 2014 I emailed Bill Tolbert (enclosed) that the documents referenced in paragraphs
1 and 2 of Ms. Crittendons letter are not needed. The other documents referenced in the letter
are examples of what should be in the file, unless HUD destroyed or removed the documents.
HUDs Atlanta Homeownership Center failed to respond to my written complaint August 9,
2012 made pursuant to the complaint procedure set forth in the HUD Reverse Mortgage
Handbook 7610.01, Section 4-19. My complaint consisted of 25 pages & 200 pages of exhibits.
Mr. Jennings, when can I expect a response to my written complaint made August 9, 2012,
which now includes my letter May 28, 2014 to former Secretary Donovan, and new issues?
Sincerely,

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

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

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label in a UPS Shipping Pouch. If you do not have a pouch, affix the folded label using clear plastic
shipping tape over the entire label.
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retail outlets and UPS drivers.
Schedule a same day or future day Pickup to have a UPS driver pickup all of your Internet Shipping
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Hand the package to any UPS driver in your area.
Take your package to any location of The UPS Store, UPS Drop Box, UPS Customer Center, UPS
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nearest you, please visit the 'Find Locations' Quick link at ups.com.
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Signed By:

1Z64589FNY96426019
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Service List - July 17, 2014 - Neil Gillespie to Ed Jennings, Jr., HUD Region IV Administrator
The Honorable Julin Castro, Secretary
U.S. Department of Housing and Urban Development
451 7th Street S.W.
Washington, DC 20410
VIA UPS No. 1Z64589FNY98202006
Mikel K. Anderson, Chief Human Capital Officer/General
Deputy Assistant Secretary for Office of Administration
HUD Oklahoma City, Oklahoma
VIA email: Mikel.K.Anderson@hud.gov
William Tolbert, FOIA Liaison, Senior Management Analyst
Oklahoma City, Oklahoma
VIA email: William.Tolbert@hud.gov
Patricia A. Campbell, HUD Public Affairs Officer
Fort Worth, Texas
VIA email: Patricia.A.Campbell@hud.gov
Allyssa D. Wheaton-Rodriguez, Trial Attorney
Office of General Counsel for Region VI
VIA email: Allyssa.D.WheatonRodriguez@hud.gov
Erin E. Allen, Program Analyst
Fort Worth Office of Regional Counsel
VIA email: Erin.E.Allen@HUD.Gov
Joy A. Beslow, HUD Atlanta
VIA Email: Joy.A.Beslow@hud.gov
Deidra D Jenkins, FOIA Specialist, Office of the Executive Secretariat
VIA email: Deidra.D.Jenkins@hud.gov
Armando Fana, Field Office Director
Miami Field Office
Brickell Plaza Federal Building
909 SE First Avenue, Room 500
Miami, FL 33131-3028
VIA email: FL_Webmanager@hud.gov
Armando Fana, Acting Field Office Director
Jacksonville Field Office
Charles East Bennett Federal Building
400 West Bay Street, Suite 1015
Jacksonville, FL 32202
VIA email: FL_Webmanager@HUD.gov

Enclosures - July 17, 2014 - Neil Gillespie to Ed Jennings, Jr., HUD Region IV Administrator

1.
2.
3.
4.
5.
6.

Neil Gillespies faxed HUD-FOIA-Privacy Act request April 16, 2014

Neil Gillespies Affirmation Declaration to HUD-FOIA, April 25, 2014 to Deidra D Jenkins
Neil Gillespies email June 25, 2014 to Bill Tolbert FOIA Liaison, Ok. City Field Office
Neil Gillespies email with Deidra Jenkins, FOIA Specialist, through May 13, 2014
Neil Gillespies letter to Secretary Shaun Donovan May 28, 2014 (2 page letter only)
Letter July 11, 2014 Alvera D. Crittendon, Acting Regional FOIA
Matters with HUD and Neil Gillespie

My home is in wrongful foreclosure on a HUD Home Equity Conversion Mortgage, a.k.a. a

HECM reverse mortgage (12 USC 1715z20; 24 CFR Part 206). The foreclosure is wrong
because I am a HECM borrower living in my home, making this foreclosure premature at best.
HUD, the lender, and lender parties knowingly made the HECM to an incompetent person, my
mother Penelope Gillespie who had dementia, and was the cause of death September 16, 2009 .
1. Former HUD Secretary Donovan failed to respond to my letter of May 28, 2014
2. HUDs Atlanta Homeownership Center failed to respond to my written complaint
August 9, 2012 made pursuant to the complaint procedure set forth in the HUD
Reverse Mortgage Handbook 7610.01, Section 4-19.
3. Reverse Mortgage Solutions, Inc. (RMS) v. Neil J. Gillespie, wrongful foreclosure.
4. Federal Housing Authority (FHA) Case Number: 091-4405741
5. Bank of America, N.A. (BofA) Account No.: 68011002615899
6. Reverse Mortgage Solutions, Inc. (RMS) Loan Number: 68011002615899
7. Consumer Financial Protection Bureau Case No. 120914-000082
8. Consumer Financial Protection Bureau Case No. 140304-000750
9. Marion County Florida, Fifth Judicial Circuit, no. 42-2013CA-000115-AXXX-XX
10. U.S. District Court no: 5:13-cv-00058-WTH-PRL, removed from state court
11. U.S. Court of Appeals for the Eleventh Circuit, No. 13-11585-B
12. Petition No. 13-7280 for writ of certiorari, Supreme Court of the United States
13. HUD FOIA No. 14-FI-R04-01745
14. HUD FOIA No. 14-FI-RO6-01365
15. HUD FOIA No. 14-FI-HQ-01257

..,

U. S. Department of Housing and Urban Development

Regional Administrator

Region IV

11 JUL 2014

Mr. Neil Gillespie

8092 SW 115 th Loop
Ocala, FL 34481
SUBJECT: Freedom of Information Act (FOIA) Request
FOIA Control No.: 14-FI-R04-01745
Dear Mr. Gillespie:
This is to acknowledge receipt of your FOIA request dated May 28,2014. You are
requesting the following information:
1. The identity and the address of the person designated to accept service of legal
process for Secretary of HUD, Shaun Donavan.
2. Legible copy of the oath of office for the following:
Shaun Donavan, Secretary of HUD
Deidra Jenkins, FOIA Specialist, Department of HUD, Office of the Secretariat
Benjamin Shultz, Department of Justice Attorney for HUD
Michael Raab, Department of Justice Attorney for HUD
3. Documents from your 227 page complaint to HUD on August 9,2012.
4. Documents from your 25 page complaint to HUD August 9,2012.
5. Documents from the Direct Endorsement Allonge and other transfer
documentation from the one page assignment of mortgage.
6. Documents that are missing from the Home Equity Conversion Mortgage signed
June 5, 2008:
-Home Equity Conversion Mortgage
-Adjustable Rate Note (Home Eqllity Conversion Mortgage)
-Home Equity Conversion Mortgage Federal Loan Closing Truth in Lending
Disclosure Statement
-Florida Department of Revenue Return for Transfer of Interest in Real Property
-Trustee's Affidavit-Refinance Transaction
-Acceptance of Office by Co-Trustees

Create strong, sustainable, inclusive communities and quality, affordable homes for all.
Five Points Plaza 40 Marietta Street Atlanta, GA 303032806 www.hud.gov. espanol.hud.gov

2
When responding to a FOIA request, the Department of Housing and Urban
Development searches for responsive documents existing up to the date the request is received
by our office. We received your request on June 24,2014. You should receive a response
within twenty business days from the date your request was received. There may be a charge for
these documents to cover the costs of search and reproduction, which will be determined once
the documents have been received.
For your information, your FOIA request, including your identity and any information
made available is releasable to the public under subsequent FOIA requests. In responding to these
requests, the Department does not release personally identifiable information, such as home
address, telephone number or social security number, all of which are protected from disclosure
under FOIA Exemption 6.
Thank you for your interest in the Department's programs and policies. If you have any
questions regarding this letter, please contact Mr. Gabe Daugherty at (678) 732-2378 or
William.G.Daugherty@hud.gov.

Alve a D. Crittendon
Acting Regional FOIA Public Liaison

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VIA UPS No. 1Z64589FNW91507926

May 28, 2014

Shaun Donovan, Secretary

U.S. Department of Housing and Urban Development (HUD)
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 Judicial 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 Jan-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 July 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

U.S. Department of Housing and Urban Development (HUD)

May 28, 2014

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.
13-7280
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. PosnerGerstenhaber, 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 (Jason 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 Jones is n/a. When can I expect to receive all the records?
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

Enclosures

Fax - FOIA - Privacy Act Request

From: Neil J. Gillespie - Requester Account Username: HECM4me
8092 SW 115th Loop
Ocala, FL 34481
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net

To: U.S. Department of Housing and Urban Development, Freedom

of Information Act Office
Fax: (202) 619-8365
Date: 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
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net

cf

RE: FOIA Request #CFPB-2014-156-P

April 1,2014
Mr. Neil O"illespie
8092 SW 115thLoop
Ocala, Florida 34481
Dear Mr. Gillespie:
This letter is in fmal response to your Privacy Act (PA) request dated March 25,2014. Your
request sought a copy of contents of your file, case number 140304-000750.
Attached to this letter, please fmd our response to your request, which consists of 6 pages that are
granted in full. No deletions or exemptions have been claimed on these records.
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 additiol1al
documents responsive to you request. Should you wish to contact the HUD, their address is:
U.S. Department of Housing and Urban Development

Freedom of Information Act Office

451 7th Street, SW, Room 10139

Washington, DC 20410-3000

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,

11l~'/'//
Martin Michalosky
FOIA Manager
Operations Division

consurnerfinance.gov

VIA UPS Second Day Air No. 1Z64589FNY92427810

Email: Deidra.D.Jenkins@hud.gov
U.S. Department of Housing and Urban Developn1ent
Office of the Executive Secretariat
FOIA Branch
451 7th Street, SW
Room 10139
Washington, DC 20410
Attn: Deidra Jenkins - 14-FI-HQ-01257
Dear Ms. Jenkins:
Please find enclosed my completed and notarized Affirmation Declaration form.
Thank you.
Sincer ly,

O~~
/'

/r'

,~'ZCcY/

eil 1. Gill pie

./::

8092 SW 15th Loop

Ocala, Florida 34481

Telephone: (352) 854-7807

Email: neilgillespie@mfi.net

Enclosure

April 25, 2014

AFFIRMATIONIDECLARATION

This is to affinn that I, Neil Joseph Gillespie

--------------------------(PRINT FULL NAME)
understand that any request for records maintained by the Department of Housing and Urban
Development that pertain to an individual must have this fonn completed and returned before any records
can be released.
My present address is:
8092 SW 115th Loop, Ocala, Florida 34481 (Marion County) United States

My~e~~rth~:~lM~a~r~~h~.~~~9~-,~'9~5~~~~~~~~~~~~~~~

IPhil~~~I,,~i~/~~~n~)fh/ania
My citizenship status is: l(itizenofthe~nitedstates
My place of birth was:

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true
and correct, and that I am the person named above. I understand that any falsification of this statement is
punishable under the provisions of 18 U.S.C. Section 1001 by a fine of not more than $10,000 or by
imprisonment of not more than five years or both, and that requesting or obtaining any record(s) under
false pretenses is punishable under the provisions of 5 U.S.C. 552a(i)(3) by a fine of not more than $5,000.

In the case of third party requests, this portion must also be signed and completed by the individual(s)

requesting any records that does not pertain to him/her.

I hereby authorize

not

applicabl~m

access to my records.

(PRINT FULL NAME)

I request that any located and disclosable records be forwarded to the foUowing individual:
_ _ _ _ _ _ _ _ _n_o_ta_p_p_li_ca_b_'_e

at the following address:

(PRINT FULL NAME)

not applicable

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true
and correct, and that I am the person named above. I understand that any falsification of this statement is
punishable under the provisions of 18 U.S.C. Section 1001 by a fine of not more than $10,000 or by
imprisonment of not more than five years or both, and that requesting or obtaining any record(s) Wlder
false pretenses is punishable under the provisions of5 U.S.C. 552a(i)(3) by a fine of not more than $5,000.

not applicable

Executed on _~====~==~

__.(DATE)

not applicable

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _' (SIGNATURE OF

AFFIRMANTIDECLARANT)

BUD FOIA CASE#:

t14-FI~HQ-01~57

PLEASE RETURN TO: u.S. Department of Housing and Urban Development

451 Seventh Street, SW, Room 10139

Wasbington, DC 20410

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IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal in said State and County on the day and
year last above written.
Notary Seal

~'ll~'tP.t ROBERT A. STERMER

f.t~~;\ Commission # FF 095030

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Expires April 5. 2018

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Date

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Individual submitting a request under the Privacy Act of 1974 must be either "a citizen of the United States or an alien lawfully admitted for
permanent residence," pursuant to 5 U.S.C. Section 552a(8)(2). Requests will be processed as Freedom of Information Act requests pursuant to
5 U.S.C. Section 552, rather than Privacy Act requests, for individuals who are not United States citizens or aliens lawfully admitted for
permanent residence.

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Tracking Number:
Service:
Weight:
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Delivered On:
Delivered To:

Signed By:

1Z64589FNY92427810
UPS 2nd Day Air
.30 lb
04/25/2014
04/29/2014 11:00 A.M.
451 7TH ST SW
10139
WASHINGTON, DC, US 20410
GRAY

Left At:

Office

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Sincerely,
UPS
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4/29/2014 9:49 PM

Page 1 of 2

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

"Neil Gillespie" <neilgillespie@mfi.net>

"Tolbert, William" <William.Tolbert@hud.gov>
"Neil Gillespie" <neilgillespie@mfi.net>
Wednesday, June 25, 2014 3:47 AM
1-4. SERVICE OF PROCESS, HUD litigation.pdf
Re: Gillespie FOIA

Bill Tolbert/FOIA Liaison

Senior Management Analyst
Office of the Field Office Director
HUD Oklahoma City Field Office
301 NW 6th Street, Suite 200
Oklahoma City, OK 73102
Mr. Tolbert:
This is a quick reply to your email, which I plan to follow-up within 30 days with a FOIA request for
review of Jerry Haydens response to FOIA Request 14-FI-RO6-01365 - 24 CFR Section 15.111.
1. The Assignment of Mortgage is missing the Direct Endorsement Allonge and other transfer
documentation; this is a fatal defect that vitiates the Assignment, and the Note, making the Assigned
Note unenforceable. Neither you nor Jerry Hayden addressed that issue. Fine, Ill proceed on that basis.
See paragraph 3 of my letter to you dated May 28, 2014 for more details.
2. I found how to serve HUD, see attached the service of process section from the HUD litigation
manual. Therefore, I have the records I need on that item.
3. Secretary Donovan is leaving HUD and being replaced by Julin Castro. Therefore, there is no need
for his oath of office. I wish Secretary Donovan well in his new gig at OMB.
4. Two days ago I emailed Deidra Jenkins about my FOIA 14-FI-HQ-01257 submitted to her and got no
response. Fine, fuck Deidra Jenkins and lawyers Benjamin Shultz and Michael Raab. Im going around
those clowns rather expend more time on them. You may suspend requests for records pertaining to
them. (Jenkins, Shultz and Raab).
5. I am concerned that the two FOIAs have different numbers. My FOIA to Jenkins was 14-FI-HQ01257. You responded May 28, 2014 to FOIA 14-FI-RO6-01365. Clearly the numbers are different,
which I only recently realized. Unfortunately I am disabled with a traumatic brain injury, which is not a
reflection on intellect, but leaves me vulnerable to exploitation.
6. Jerry Haydens letter refers me to HUDs Atlanta Regional Office. My initial complaint to HUD on
August 9, 2012 was 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. HUD
Atlanta never responded. Fine, this matter is past the complaint stage anyway. Fuck HUD Atlanta, Im
going around those clowns rather expend more time on them. You may suspend requests for records
pertaining to them. (HUD Atlanta).
Thank you for your consideration.
Sincerely,

7/17/2014

Page 2 of 2

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Tolbert, William
To: 'Neil Gillespie'
Sent: Tuesday, June 24, 2014 11:35 AM
Subject: Gillespie FOIA

RE: Neil J. Gillespie FOIA Questions

Dear Mr. Gillespie, this correspondence is in response to your email of May 28, 2014.
Thank you for your patience. Please find attached the response letter from Field Office
Director Jerry Hyden.

Bill Tolbert/FOIA Liaison

Senior Management Analyst
Office of the Field Office Director
HUD Oklahoma City Field Office
301 NW 6th Street, Suite 200
Oklahoma City, OK 73102
Tel. 405-609-8461
Fax. 405-609-8982
william.tolbert@hud.gov

This message is intended for designated recipients only. If you have received this message in error, please delete the original and all copies and
notify the sender immediately. Federal law prohibits the disclosure or other use of this information. You are invited to visit HUDs website at:
http://www.hud.gov/

7/17/2014

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

"Neil Gillespie" <neilgillespie@mfi.net>

"Jenkins, Deidra D" <Deidra.D.Jenkins@hud.gov>
"'Benjamin Shultz'" <benjamin.shultz@usdoj.gov>; "'Michael Raab'" <michael.raab@usdoj.gov>;
"'Mark Gillespie'" <mark.gillespie@att.net>; "'Gonzalez, Maria'" <CFPB_FOIA@cfpb.gov>; "'CFPB
Ombudsman'" <CFPBOmbudsman@cfpb.gov>; "Neil Gillespie" <neilgillespie@mfi.net>
Tuesday, May 13, 2014 9:41 AM
Re: FOIA Request - 14-FI-HQ-01257

Deidra Jenkins
FOIA Specialist
U.S. Department of Housing and Urban Development
Office of the Executive Secretariat
FOIA Office, Room 10139
Office (202) 402-2533
Fax (202) 619-8365
Deidra_D._Jenkins@hud.gov
Dear Ms. Jenkins, CFPB, et al:
The signature block is missing from your last email, which does not carry your name or reference your
position with HUD.
In response to your statement that "What I got was a sample page that only showed our mother listed as
the owner." Take notice that we do not share the same mother. Kindly refrain from making false and
inflammatory statements about my mother, either by you personally, or on behalf of HUD, Secretary
Donovan, and or the United States of America.
In response to your statement that "However, I will be forwarding all this information on the Atlanta
Homeownership Center as they maintain the records you are seeking not HUD Headquarters." you could
have requested the Atlanta Homeownership Center send the records to you at HUD Headquarters.
I notified you September 29, 2014 that the Atlanta Homeownership Center destroyed 200 pages of my
complaint to HUD:
"As for HUDs Atlanta Homeownership Center, I made a 227 page complain to that office August
9, 2012. HUD maliciously destroyed 200 pages of my complaint, then sent the remaining 27 pages
to the Consumer Financial Protection Bureau where it was wrongly dismissed."
Let me clarify my statement that "HUD maliciously destroyed 200 pages of my complaint". Records
produced by the Consumer Financial Protection Bureau (CFPB) do not show 200 pages of my
complaint, the exhibits in Appendix I and Appendix II. Bank of America claimed it did not receive 200
pages of my complaint, the exhibits in Appendix I and Appendix II.
If HUD did not hide, omit or destroy 200 pages of my complaint, then a reasonable person might
conclude that the CFPB hid, omitted or destroyed 200 pages of my complaint. I regret any
misunderstanding.
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.

7/17/2014

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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 Jenkins, Deidra.D.Jenkins@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 Justice Attorney for HUD
Michael Raab, michael.raab@usdoj.gov, Department of Justice Attorney for HUD
You may provide PDF copies of the oaths of office electronically by email to me at
neilgillespie@mfi.net in lieu of mailing paper copies.
I am providing a copy of this email to the CFPB and persons shown in the "cc" section. 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
----- Original Message ----From: Jenkins, Deidra D
To: 'Neil Gillespie'
Cc: 'Benjamin Shultz' ; 'Michael Raab' ; 'Mark Gillespie' ; 'Gonzalez, Maria' ; 'CFPB Ombudsman'
Sent: Wednesday, April 30, 2014 8:12 AM
Subject: RE: FOIA Request - 14-FI-HQ-01257

Mr. Gillespie,

Thanks for the additional documentation. I provided you information based on

what the program office provided to me. What I got was a sample page that only showed
our mother listed as the owner. I did not have any additional background information that
regrettable she was deceased. This is the kind of full detail information we need in the
beginning to make it easier to search, locate and provide the documentation being
requester. However, I will be forwarding all this information on the Atlanta Homeownership
Center as they maintain the records you are seeking not HUD Headquarters.

From: Neil Gillespie [mailto:neilgillespie@mfi.net]

Sent: Tuesday, April 29, 2014 3:48 PM
To: Jenkins, Deidra D
Cc: 'Benjamin Shultz'; 'Michael Raab'; 'Mark Gillespie'; Gonzalez, Maria; CFPB Ombudsman
Subject: Re: FOIA Request - 14-FI-HQ-01257

Deidra Jenkins
FOIA Specialist
U.S. Department of Housing and Urban Development
Office of the Executive Secretariat

7/17/2014

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FOIA Office, Room 10139

Office (202) 402-2533
Fax (202) 619-8365
Deidra_D._Jenkins@hud.gov
Dear Ms. Jenkins:
Your response about privacy is wrong. Unfortunately my Mother Penelope M. Gillespie died
September 16, 2009. Privacy rights are personal and die with the individual. Nestor v. PosnerGerstenhaber, 857 So. 2d 953 (Fla. Dist. Ct. App. 3d Dist. 2003), review denied, 869 So. 2d 540 (Fla.
2004).
Your connotation that I am "not listed as a borrower on the FHA loan you provided" is misstated and
incorrect. I am listed as an "original borrower", on a HECM reverse note and mortgage, see the
attached Assignment of Mortgage showing,
Original Borrower(s): 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
As for HUDs Atlanta Homeownership Center, I made a 227 page complain to that office August 9,
2012. HUD maliciously destroyed 200 pages of my complaint, then sent the remaining 27 pages to the
Consumer Financial Protection Bureau where it was wrongly dismissed.
I received and read your message on my computer in Ocala Florida. On information and belief, you
engaged in the Unlicensed Practice of Law. The name Deidra Jenkins does not appear in The Florida
Bar online directory. I take that to mean that you are not licensed to practice law in Florida. The Rules
Regulating The Florida Bar, Rule 10, governs the investigation and prosecution of the Unlicensed
Practice of Law (UPL).
Fla. Bar Rule 10-2.1(a) defines the Unlicensed Practice of Law as "the practice of law, as prohibited by
statute, court rule, and case law of the state of Florida.
UPL is also a crime in Florida. F.S. 454.23 provides for 5 years incarceration for the Unlicensed
Practice of Law, and substantial fines.
Florida Bar Ethics Opinion 70-62, February 12, 1971 defines UPL for paralegals as "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, in part, "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.
The Florida Bar opened a UPL investigation of paralegal Yolanda Martinez related to a foreclosure of
this mortgage by letter December 5, 2013, Case No. 20143031(9A) see attached.
The Florida Bar opened an ethics complaint against attorney Danielle Nicole Parsons related to a
foreclosure of this mortgage by letter of Mr. Littlewood December 6, 2013, The Florida Bar File No.
2014-30,525 (9A), see attached.

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Florida Bar Counsel Patricia Ann Toro Savitz notified me by letter April 8, 2014 that the Parsons
complaint was recently transferred to the Orlando Branch Office, see attached.
Since 2012 I spoke with nonlawyers at Reverse Mortgage Solutions, and Bank of America, each of
whom engaged in UPL because they undertook "activity which requires the attorney's personal
judgment and participation". I plan to file those UPL complaints soon.
You and HUD are wrongly obstructing this matter. Under 18 U.S.C. 371, the fraud or impairment of
legitimate government activity may take any of several forms: 2. Obstructing, in any manner, a
legitimate governmental function.
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00925.htm
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
Please find attached my notice of March 9, 2014 to Reverse Mortgage Solutions concerning the
Annual Year-End Statement, December 31, 2013, Loan Number: 68011002615899; FHA Case
Number: 091-4405741, that states, inter alia,
"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 notice to Reverse Mortgage Solutions requests a detailed accounting for $5,975.70 in fees
or corporate advances for the purpose of Florida Deceptive and Unfair Trade Practices Act - FDUTPA
as held in a final judgment entered January 24, 2014 in Rory Hewitt vs. Law Offices of David J. Stern,
costs related to the "unknown spouse" issue. In Hewitt, the Court determined that Mr. Stern was liable
under FDUTPA, for the extra cost of wrongly suing unknown parties. In my case, Ms. Parsons and
McCalla Raymer sued seven (7) unknown parties.
Florida attorney Ryan Christopher Rodems provided me legal advice about this HECM reverse
mortgage on June 21, 2011 during a deposition.
Page 112
9 [Mr. Rodems] Q Okay. If I read this correctly, Mr.
10 Gillespie, the borrower for this reverse mortgage
11 was Penelope M. Gillespie, Neil J. Gillespie, and
12 Mark Gillespie as co-trustees of the Gillespie
13 Family Living Trust, an agreement dated February 10,
14 1997. Correct?
15 [Mr. Gillespie] A That's one way to read it. Bank of
16 America doesn't agree with that.
17 [Mr. Rodems] Q And I'll read the acceleration clause
18 about when the debt becomes due. "The Lender may

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19 require immediate payment in full of all sums

20 secured by the security interest if a borrower dies
21 and the property is not the principal residence of
22 at least one surviving borrower."
Page 113
8 BY MR. RODEMS:
9 Q Well, I guess that's an issue between
10 Bank of America and all of you folks, but it sure
11 does appear to me that you're a borrower and you're
12 still living there, and there is no acceleration of
13 the debt. Is that your understanding, Mr.
14 Gillespie?
15 A That's what I've been told.
Theres more forthcoming. Im providing this email cc to the CFPB as I believe they may wrongly
raise the privacy of a deceased person in a recent matter. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Jenkins, Deidra D
To: 'Neil Gillespie'
Cc: 'Benjamin Shultz' ; 'Michael Raab' ; 'Mark Gillespie'
Sent: Monday, April 28, 2014 12:47 PM
Subject: RE: FOIA Request - 14-FI-HQ-01257

Good morning Mr. Gillespie,

Your request will be referred to HUDs Atlanta Homeownership Center for further processing
because they maintain the records responsive to your request. However, you are not listed as a borrower on
the FHA loan you provided, which mean the documents would be withheld under FOIA Exemption 6

because release of such information would constitute an unwarranted invasion of personal privacy.
The interest of the general public in reviewing those portions of government documents does not
outweigh the individuals right to privacy.

From: Neil Gillespie [mailto:neilgillespie@mfi.net]

Sent: Friday, April 25, 2014 9:54 PM
To: Jenkins, Deidra D
Cc: 'Benjamin Shultz'; 'Michael Raab'; 'Mark Gillespie'
Subject: Re: FOIA Request - 14-FI-HQ-01257

7/17/2014

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Ms. Jenkins, your reply is not response to my question. See attached.

Neil J. Gillespie
----- Original Message ----From: Jenkins, Deidra D
To: 'Neil Gillespie'
Cc: 'Benjamin Shultz' ; 'Michael Raab' ; 'Mark Gillespie'
Sent: Friday, April 25, 2014 9:25 AM
Subject: RE: FOIA Request - 14-FI-HQ-01257

Mr. Gillespie,

I provided you with an acknowledgement letter and the Affirmation Declaration

form. The FOIA Branchs address is below.

U.S. Department of Housing and Urban Development

Office of the Executive Secretariat
FOIA Branch
451 7th Street, SW
Room 10139
Washington, DC 20410
Attn: Deidra Jenkins 14-FI-HQ-01257

From: Neil Gillespie [mailto:neilgillespie@mfi.net]

Sent: Thursday, April 24, 2014 10:42 PM
To: Jenkins, Deidra D
Cc: Benjamin Shultz; Michael Raab; Neil Gillespie; Mark Gillespie
Subject: Fw: FOIA Request - 14-FI-HQ-01257

Deidra Jenkins
FOIA Specialist
U.S. Department of Housing and Urban Development
Office of the Executive Secretariat
FOIA Office, Room 10139
Office (202) 402-2533
Fax (202) 619-8365
Deidra_D._Jenkins@hud.gov

7/17/2014

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Dear Ms. Jenkins:

When can I expect a response from you to my query below, "How shall I provide the notarized
form to you? By email in PDF, or do you require the original paper document delivered to the HUD
FOIA Office?" If you require the original paper document, kindly provide a physical mailing
address. My third-party carrier UPS does not deliver to a Post Office Box.
Please cite to the rule or regulation that requires me to submit a notarized form. Attached in PDF is
my April 16, 2014 FOIA-Privacy Act request to HUD that provides a copy of my Florida Drivers
license for the purpose of identification.
Please find attached a PDF copy of HUDs email to me dated April 22, 2014, and a PDF copy the
request details from HUDs FOIA Public Access website.
On April 18, 2014 I called (678) 732-2776, Karen Jackson-Sims about this matter, and got a
message that Ms. Jackson-Simms is no longer with the agency.
Karen Jackson-Sims was the former Region IV Deputy Regional Administrator
U.S. Department of Housing and Urban Development
40 Marietta Street Atlanta, GA 30303
(678) 732-2776 Office
Region IV (Atlanta, Birmingham, Caribbean, Columbia, Greensboro, Jackson, Jacksonville,
Knoxville, Louisville, Nashville, Memphis, Miami, Orlando, Tampa)
I am providing a copy of this email to HUD attorney Benjamin Shultz, and HUD attorney Michael
Raab. In lieu of a response from you Ms. Jenkins I will accept a response from a HUD attorney.
If you or the HUD attorneys are not able to timely respond, I will contact the Office of U.S. Senator
Marco Rubio for further guidance.
Thank you in advance for the courtesy of a timely response.
Sincerely.
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Neil Gillespie
To: Jenkins, Deidra D
Cc: Neil Gillespie ; Mark Gillespie
Sent: Wednesday, April 23, 2014 12:51 PM
Subject: Re: FOIA Request - 14-FI-HQ-01257

Thank you Ms. Jenkins. How shall I provide the notarized form to you? By email in PDF, or do you
require the original paper document delivered to the HUD FOIA Office?
Sincerely,

7/17/2014

Page 8 of 9

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Jenkins, Deidra D
To: 'neilgillespie@mfi.net'
Sent: Wednesday, April 23, 2014 12:23 PM
Subject: FOIA Request - 14-FI-HQ-01257

Mr. Gillespie:
This letter acknowledges the Department of Housing and Urban Developments receipt of
your Freedom of Information Act (FOIA) request dated March 25, 2014, to the Consumer
Financial Protection Bureau. Your FOIA request was received in the Department's FOIA Branch
on April 17, 2014. HUD is currently processing your request.
Pursuant to the FOIA, 5 U.S.C. 552(a)(6)(A)(i), once HUD properly receives a FOIA
request, the Department has 20 working days within which to make a determination on the
request unless unusual circumstances exist. Under unusual circumstances, such as an agencys
backlog, or the need to examine a voluminous amount of records required by the request, HUD
can extend the 20-day time limit for processing a request. Based upon HUDs experience and
current inventory, it is estimated that it will take 30-45 days to complete processing of your
request.
The Department will comply with your request to the extent permissible by law. Any
records not subject to an exemption will be forwarded to you promptly upon the completion of
HUDs search and review process. If you have any questions regarding your request, please
contact Ms. Jenkins at (202) 402-2533.
Thank you for your interest in the Departments programs and policies. I will try to
process your request as soon as the program office provides any responsive documents.
However, before HUD can release any documents to you that may be privacy protected, please
fill out the attached HUD Affirmation Declaration form, have it signed and notarized. This form
is for verification of identity and a safety measure for our requesters.

Deidra Jenkins
FOIA Specialist
U.S. Department of Housing and Urban Development
Office of the Executive Secretariat
FOIA Office, Room 10139

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Office (202) 402-2533

Fax (202) 619-8365
Deidra_D._Jenkins@hud.gov

7/17/2014