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Filing # 47307379 E-Filed 10/05/2016 01:15:15 PM

THIS CASE IS A RESIDENTIAL FORECLOSURE OF A FLORIDA HOMESTEAD


THIS CASE IS NOT A COMMERCIAL FORCLOSURE

REVERSE MORTGAGE SOLUTIONS, INC.,


Plaintiff,

IN THE CIRCUIT COURT OF THE


FIFTH JUDICIAL CIRCUIT FLORIDA
IN AND FOR MARION COUNTY
CASE NO.: 2013-CA-000115
42-2013-CA-000115-AXXX-XX

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

Residential HECM Foreclosure of the


Florida Homestead of Neil J. Gillespie
Section 4, Article X, Florida Constitution

Defendants.
________________________________________/
DEFENDANTS MOTION TO STRIKE PLAINTIFFS CASE MANAGEMENT STATEMENT
Rule 1.140(f), Florida Rules of Civil Procedure
Defendant Neil J. Gillespie, individually, and as former Trustee (F.S. Ch. 736 Part III) of
the terminated Gillespie Family Living Trust Agreement Dated February 10, 1997 (Terminated
Trust), an indigent non-lawyer, unable to obtain adequate counsel, a consumer of legal and
court services affecting interstate commerce, a consumer of personal, family and household
goods and services, consumer transactions in interstate commerce, a person with disabilities, a
vulnerable adult, reluctantly appears pro se, henceforth in the first person, and files
DEFENDANTS MOTION TO STRIKE PLAINTIFFS CASE MANAGEMENT
STATEMENT, pursuant to Rule 1.140(f), Florida Rules of Civil Procedure, and states:
1.

The Plaintiff, by and through counsel Curtis Allen Wilson, FL Bar ID 77669, McCalla

Ryamer LLC, n/k/a/ McCalla Raymer Pierce, LLC, filed a defective Case Management
Statement Filing # 46551093 E-Filed on 09-16-2016 at 01.25.49 PM, attached as Exhibit 1.

DEFENDANTS MOTION TO STRIKE PLAINTIFFS CASE MANAGEMENT STATEMENT


Rule 1.140(f), Florida Rules of Civil Procedure

2.

The first sentence of the Plaintiffs defective Case Management Statement begins with

this false allegation at paragraph 1, Statement of Facts:


1. Statement of Facts - On June 5, 2016, Penelope M. Gillespie, Individually and as
CoTrustee and Neil J. Gillespie and Mark Gillespie, Co-Trustees, executed and delivered
a promissory note to the payee thereon.
3.

Penelope M. Gillespie died on September 16, 2009. Therefore Ms. Gillespie could not

have executed and delivered a promissory note to the payee thereon on June 5, 2016.
4.

The rest of the Plaintiffs defective Case Management Statement is also wrong, see

Defendants First Amended Answer To Verified Complaint To Foreclose Home Equity


Conversion Mortgage, to replace my answer at Filing # 23275828 E-Filed 02/03/2015 01:25:45
AM, to the Plaintiffs Verified Complaint To Foreclose Home Equity Conversion Mortgage.
5.

On September 20, 2016 The Florida Bar opened an Unlicensed Practice of Law

Investigation (UPL) of Stephen Michael Allgood, UPL File No. 20171020(17C). Mr. Allgood
is not a member of The Florida Bar, and not licensed to practice law in Florida, but nonetheless
is the Director of the Florida Foreclosure Group since 2013 for McCalla Raymer Pierce, LLC.
6.

To practice law in Florida, a person must be a member of The Florida Bar in good

standing. Mr. Allgood is not a member of The Florida Bar, and he is not licensed to practice law
in Florida. Mr. Allgoods unlicensed practice of law is prohibited as the Director of the Florida
Foreclosure Group since 2013 for McCalla Raymer Pierce, LLC, and supervision of Curtis Allen
Wilson, FL Bar ID 77669, (Rule 4-5.1 Responsibilities of Partners, Managers, and Supervisory
Lawyers), a lawyer who represents the Plaintiff Reverse Mortgage Solutions, Inc. in this case.
7.

Pursuant to Rule 1.140(f), Florida Rules of Civil Procedure, a party may move to strike

redundant, immaterial, impertinent, or scandalous matter from any pleading at any time.

DEFENDANTS MOTION TO STRIKE PLAINTIFFS CASE MANAGEMENT STATEMENT


Rule 1.140(f), Florida Rules of Civil Procedure

8.

Because Penelope M. Gillespie died on September 16, 2009, Ms. Gillespie could not

have executed and delivered a promissory note to the payee thereon on June 5, 2016 as
claimed, the Plaintiffs Case Management Statement is immaterial, impertinent and
scandalous. As a result, the Plaintiffs Case Management Statement must be stricken in
accordance with Rule 1.140(f), Florida Rules of Civil Procedure.
WHEREFORE, the Defendants respectfully requests that this Court enter an order
striking the Plaintiffs Case Management Statement, and providing any such other relief that
this Court deems just and proper.
RESPECTFULLY SUBMITTED October 5, 2016.

Neil J. Gillespie, individually, and former Trustee


F.S. Ch. 736 Part III, of the Terminated Trust
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net

Filing # 46551093 E-Filed 09/16/2016 01:25:49 PM

Filing # 46551093 E-Filed 09/16/2016 01:25:49 PM

Service List October 5, 2016


I hereby certify the names below were served by email October 5, 2016 through the Florida
Portal, unless otherwise expressly stated.
Office of Inspector General, OIGHotline
c/o Board of Governors of
the Federal Reserve System
20th Street and Constitution Avenue, NW
Mail Stop K- 300
Washington, DC 20551
Email: OIGHotline@frb.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750

SEC Office of the Whistleblower


100 F Street NE
Washington, DC 20549
Phone: (202) 551-4790
Fax: (703) 813-9322
Via U.S. Mail, First Class
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750
Not served on the Florida Portal

The Honorable Richard Cordray, Director


Consumer Finance Protection Bureau
1700 G Street, NW
Washington, DC 20002
Email: Richard.Cordray@cfpb.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750

Stefanie Isser Goldblatt


Senior Litigation Counsel
Enforcement Division
Consumer Finance Protection Bureau
Email: Stefanie.Goldblatt@cfpb.gov
CFPB Complaint No. 120914-000082
CFPB Complaint No. 140304-000750

FBI Tampa Division


Special Agent in Charge, Paul Wysopal
Website: https://www.fbi.gov/tampa
Email: tampa.division@ic.fbi.gov

FBI Jacksonville Division


Special Agent in Charge, Michelle S. Klimt
Website: https://www.fbi.gov/jacksonville
Email: jacksonville@ic.fbi.gov

The Honorable Don F. Briggs


Chief Judge, Fifth Judicial Circuit
Lake County Judicial Center
550 W. Main Street
Tavares, FL 32778-7800.
Tel. 352-742-4224
Email: dbriggs@circuit5.org

The Honorable Ann Melinda Craggs


Circuit Court Judge, Fifth Judicial Circuit
Marion County Judicial Center
110 NW 1st Ave.
Ocala, FL 34475
Tel: 352-401-6785
Email: amcraggs@circuit5.org

Mr. Curtis Wilson, Esq.


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

Ms. Colleen Murphy Davis, AUSA


400 N. Tampa Street, Suite 3200
Tampa, FL 33602
Email: USAFLM.HUD@usdoj.gov
JAXSFFORECLOSURES@hud.gov
JAXSFORECLOSURES@hud.gov
lydia.a.brush@gmail.com

Gregory C. Harrell
General Counsel to David R. Ellspermann,
Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
Email: gharrell@marioncountyclerk.org

David R. Ellspermann Marion County Clerk


of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
Email: Ellspermann@marioncountyclerk.org

Development & Construction Corporation


of America, c/o Carol Olson, Vice President
of Administration and Secretary-Treasurer,
for RA Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Email: colson@deccahomes.com

Oak Run Homeowners Association, Inc.


c/o Board of Directors, orhaboard@yahoo.com

Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997; Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net

Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net

Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie


7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997; (NONE); Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net
Elizabeth Bauerle n/k/a Elizabeth Bidgood
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net

Unknown spouse of Elizabeth Bidgood,


n.k.a. Scott Bidgood
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net

Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
STATE OF FLORIDA
COUNTY OF MARION

1111111111111111111111111111111111111111

)
) SS.:
)

DAVID R EllSPERMANN CLERK & COMPTROLLER MARION

AFFIDAVIT

BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly
sworn deposed upon oath as follows:
I.

My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on

personal knowledge unless otherwise expressly stated.


2.

I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,

1997 (hereinafter "Trust").

oeZ=::)..
..

"

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

~:.

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

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

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

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

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

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

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

Book6161/Page1844

CFN#2015009748

co

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


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

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

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

ti~u II~O SlD o;tl 0


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

(SEAL)

Notary Public State of Florida

Angelica Cruz

NOTAR

My Commission EE067986
Expires 02127/2015

UBLIC

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Print Na of Notary PublIc

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

Book6161/Page1845

CFN#2015009748

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