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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, hereby files Defendant
Neil J. Gillespie’s Verified Notice to Clerk Ellspermann: The Clerk’s Foreclosure Evidence List
1. On July 18, 2017 a non-jury foreclosure trial was held in this case. Judge Ann Craggs
presided. Attorney Curtis Wilson of McCalla Raymer Leibert Pierce LLC represented the
2. During the non-jury foreclosure trial, and prior to its conclusion, I was transported to the
hospital by ambulance called by the Marion County Sheriff’s Office, see paragraph 2,
APPENDIX F
DEFENDANT NEIL J. GILLESPIE'S VERIFIED NOTICE TO CLERK ELLSPERMANN:
THE CLERK’S FORECLOSURE EVIDENC LIST IS WRONG
On July 18, 2017 I was taken by ambulance to the hospital after becoming sick during a
non-jury trial on the foreclosure of my home. I was alone and without counsel to
represent me. Presiding Judge Ann Melinda Craggs continued the trial without me and
ruled for the bank.
3. On July 21, 2017 The Clerk’s office entered an Evidence List on the record at DOC-483.
A certified copy of the Evidence List appears at Exhibit 1. The Evidence List is defective.
4. The Evidence List is not signed by the Attorney for the Plaintiff, Curtis Wilson, Esq. The
space on the Evidence List was left blank for “Attorney for Plaintiff/Petitioner”.
5. The Evidence List is not signed by Defendant Neil J. Gillespie, who appeared pro se. The
space on the Evidence List was left blank for “Attorney for Defendant/Respondent”.
6. The Evidence List only shows evidence items for the Plaintiff and none for the
Defendant. Items for the Plaintiff admitted as evidence on July 18, 2018, include:
7. The Evidence List is signed by L. Finchs (sic) Court Clerk on July 21, 2017, and Debra
8. Defendant Neil J. Gillespie’s evidence was presented in substantial part on July 18, 2017
2
DEFENDANT NEIL J. GILLESPIE'S VERIFIED NOTICE TO CLERK ELLSPERMANN:
THE CLERK’S FORECLOSURE EVIDENC LIST IS WRONG
9. Defendant Neil J. Gillespie’s evidence presented on July 18, 2017 in Florida Supreme
Court Case No. SC17-1321, LT: 2013-CA-000115, appears on the Notice of Service of Court
Documents automatically generated by the Portal; here in 3 parts due to the filing size:
3
DEFENDANT NEIL J. GILLESPIE'S VERIFIED NOTICE TO CLERK ELLSPERMANN:
THE CLERK’S FORECLOSURE EVIDENC LIST IS WRONG
11. The Notice of Service of Court Documents in SC17-1321 show the following E-service
Neil J. Gillespie
Curtis Wilson
Honorable Ann Melinda Craggs
12. Judge Craggs was served Court Documents in SC17-1321 on 07/18/2017 at 07:24 AM,
13. During the non-jury trial Judge Craggs acknowledged having possession of my
14. I became incapacitated during the non-jury trial, and was taken by ambulance to the
15. Judge Craggs continued the trial without me and failed to place my documents in
16. Exhibit 5 shows Clerk Ellsperman knew about case SC17-1321 on July 18, 2018 when he
was served Acknowledgment of New Case, Filing #59135349 E-Filed 07/18/2017 09:00:15 AM,
17. Exhibit 6 shows Clerk Ellsperman knew about case SC17-1321 on July 18, 2018 when he
was served Filing #59186225 E-Filed 07/18/2017 04:31:32 PM, showing the following names:
4
DEFENDANT NEIL J. GILLESPIE'S VERIFIED NOTICE TO CLERK ELLSPERMANN:
THE CLERK’S FORECLOSURE EVIDENC LIST IS WRONG
PETITION TO CANCEL NON-JURY TRIAL 10:00 AM TODAY, shows my argument for the
7. Judge Craggs is fond of beginning each Order with a date count. The Order
appearing at Exhibit 1 begins “A. This case has been pending for 1,647 days.”
9. This case should have ended in 48 days, on February 26, 2013, with a Rule
55 Default Judgment in my favor after this case was removed February 4, 2013 to
U.S. District Court, Ocala Division, Middle District Florida, No. 5:13-cv-00058-
WTH-PRL, but for misconduct between federal judicial officers and Plaintiff’s
counsel Danielle Nicole Parsons, Bar ID: 29364.
10. The Florida Bar failed to competently complete its inquiry in Danielle
Nicole Parsons, The Florida Bar File No. 2014-30,525 (9A).
11. The Non-Jury trial is set for two hours, which is far beyond my ability to
attend due to disability, including:
12. The Preface to the June 21, 2017 Fannie Mae Single-Family Reverse
Mortgage Servicing Manual appears at Exhibit 4 with the cover page, and states:
For HECM loans, the servicer must follow all applicable requirements of the
HECM program found in the Department of Housing and Urban
Development (HUD) Handbook 4235.1 REV-1: Home Equity Conversion
Mortgages, Handbook 4330.1 REV-5: Administration of Insured Home
Mortgages, all related HUD Mortgagee Letters, and all other guidance
provided by HUD. This Manual includes requirements for HECMs that
Fannie Mae imposes as a result of its purchase and securitization of those
mortgage loans and is not intended to contradict HUD’s requirements. In the
event that this Manual and guidance provided by HUD are conflicting, the
servicer must follow HUD’s requirements.
5
DEFENDANT NEIL J. GILLESPIE'S VERIFIED NOTICE TO CLERK ELLSPERMANN:
THE CLERK’S FORECLOSURE EVIDENC LIST IS WRONG
13. The HUD Reverse Mortgage Handbook 4235.1 REV·1 Sections 4·4, 4-5, 4-6
appear at Exhibit 5 and state in part:
4-4 A. The borrower's age. All borrowers must be at least 62 years old
when they sign the Uniform Residential Loan Application (URLA)
and the HUD/VA Addendum (Form HUD 92900-A). The lender should
request evidence of the ages of all borrowers, and accept all
reasonable forms of evidence.
On June 5, 2008 HECM borrower Penelope Gillespie was age 77; Neil Gillespie
was age 52; and Mark Gillespie was age 49, see
6
DEFENDANT NEIL J. GILLESPIE'S VERIFIED NOTICE TO CLERK ELLSPERMANN:
THE CLERK’S FORECLOSURE EVIDENC LIST IS WRONG
19. Defendant Neil J. Gillespie’s Notice of Filing Documents In SC17-1321, to be filed after
this pleading, will file the documents shown in Paragraph 9 above as my evidence.
Under penalties of perjury, I declare that I have read the foregoing document and that the
facts stated in it are true. Date: July 18, 2018.
Neil J. Gillespie
7
CERTIFICATE OF SERVICE
I HEREBY CERTIFY the names below were served on the Portal today July 18, 2018.
Neil J. Gillespie owns the property free and clear at 8092 SW 115th Loop, Ocala, FL 34481;
Email: neilgillespie@mfi.net; the Trust terminated on February 2, 2015, see attached. The
HECM reverse mortgage is void (borrower incompetence), and voidable (§ 10(b) 1934 Act).
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997; the Trust terminated on February 2, 2015, see attached; c/o
Neil J. Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Email: neilgillespie@mfi.net
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997; NONE; the Trust Terminated February 2, 2015, see attached; c/o Neil J.
Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Email: neilgillespie@mfi.net
Neil J. Gillespie
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly
I. My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on
2. I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,
\ \
oeZ=::).. My Florida residential homestead property is the sole asset of the Trust, property address
..
" ~:.
8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I
have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.
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
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
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
r
Notary Public State of Florida
(SEAL) Angelica Cruz
My Commission EE067986 NOTAR UBLIC
Expires 02127/2015
~(?JI(s2. Lr0L
Print Na of Notary PublIc
EVIDENCE LIST
vs.
NEIL J GILLESPIE AND MARK GILLESPIE AS
CO-TRUSTEES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED
FEBRUARY 10~ 1997; OAK RUN
HOMEOWNERS' ASSOCIATION, INC; UNITED
STATES OF AMERICA, ON BEHALF OF THE
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT; ELIZABETH BAUERLE;
MARK GILLESPIE~ NEIL J GILLESPIE;
ngVELoPMENT & CONSTRUCTION
CORPORATION OF AMERICA~ UNKNOWN
SPOUSE OF ELIZABETH BAUERLE;
UNKNOWN SPOUSE OF MARK GILLESPIE,
UNKNOWN SPOUSE OF NEIL J GILLESPIE;
UNKNOWN SETILERS I BENEFICIARIES OF
THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1007;
UNKNOWN TRUSTEES M SETILERS AND STATE OF FLORtDA COUNTY OF r~ARlott
9
' ...
1
• Adjustable Rate Home Equity Conversion 07/18/2017 PL-2
Mortgage
Neil Gillespie
From: <eservice@myflcourtaccess.com>
Sent: Tuesday, July 18, 2017 7:24 AM
Attach: Other Motion Not Listed.pdf; Appendix_Attachment To Brief.pdf; Appendix_Attachment To Brief.pdf; Attachment To Brief - Pages 1 to 79.pdf
Subject: SERVICE OF COURT DOCUMENT - CASE NUMBER NEW CASE - Part 1 of 3
Notice of Service of Court Documents
Filing Information
Filing #: 59132663
Filing Time: 07/18/2017 07:24:12 AM ET
Filer: Neil J. Gillespie 352-854-7807
Court: The Supreme Court of Florida
Case #: NEW CASE
Court Case #: NEW CASE
Case Style: Neil J Gillespie VS. Curtis Wilson
Documents
Title File
2 7/19/2017
Page 2 of 3
MRService@mccalla.com
No Matching Entries
This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not
7/19/2017
Page 3 of 3
receive email.
Thank you,
The Florida Courts E-Filing Portal
7/19/2017
Page 1 of 3
Neil Gillespie
From: <eservice@myflcourtaccess.com>
Sent: Tuesday, July 18, 2017 7:24 AM
Attach: Attachment To Brief - Pages 80 to 117.pdf; Appendix_Attachment To Brief.pdf; Appendix_Attachment To Brief.pdf; Attachment To Brief -
Pages 1 to 21.pdf
Subject: SERVICE OF COURT DOCUMENT - CASE NUMBER NEW CASE - Part 2 of 3
Notice of Service of Court Documents
Filing Information
Filing #: 59132663
Filing Time: 07/18/2017 07:24:12 AM ET
Filer: Neil J. Gillespie 352-854-7807
Court: The Supreme Court of Florida
Case #: NEW CASE
Court Case #: NEW CASE
Case Style: Neil J Gillespie VS. Curtis Wilson
Documents
Title File
3 7/19/2017
Page 2 of 3
MRService@mccalla.com
No Matching Entries
7/19/2017
Page 3 of 3
This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not
receive email.
Thank you,
The Florida Courts E-Filing Portal
7/19/2017
Page 1 of 3
Neil Gillespie
From: <eservice@myflcourtaccess.com>
Sent: Tuesday, July 18, 2017 7:24 AM
Attach: Attachment To Brief - Pages 22 to 22.pdf; Appendix_Attachment To Brief.pdf; Appendix_Attachment To Brief.pdf; Appendix_Attachment To
Brief.pdf; Other Motion Not Listed.pdf
Subject: SERVICE OF COURT DOCUMENT - CASE NUMBER NEW CASE - Part 3 of 3
Notice of Service of Court Documents
Filing Information
Filing #: 59132663
Filing Time: 07/18/2017 07:24:12 AM ET
Filer: Neil J. Gillespie 352-854-7807
Court: The Supreme Court of Florida
Case #: NEW CASE
Court Case #: NEW CASE
Case Style: Neil J Gillespie VS. Curtis Wilson
Documents
Title File
4 7/19/2017
Page 2 of 3
MRService@mccalla.com
No Matching Entries
7/19/2017
Page 3 of 3
This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not
receive email.
Thank you,
The Florida Courts E-Filing Portal
7/19/2017
Filing # 59135349 E-Filed 07/18/2017 09:00:15 AM
The Florida Supreme Court has received the following documents reflecting a filing
date of 7/18/2017.
The above listed petition has been treated as a Petition for Writ of Prohibition with
Appendices.
The Florida Supreme Court's case number must be utilized on all pleadings and
correspondence filed in this cause.
tr
cc: 5
CASE NO.: SC17-1321
Page Two
Petitioner(s) Respondent(s)
10:00 AM Today,” which this Court has treated as a petition for writ of
Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999), to the Fifth District Court of
comment on the merits of the petition, nor as a determination that the transferee
court has jurisdiction or that the petition has been properly denominated as a
petition for writ of prohibition. The transferee court should not interpret the
transfer of this case as an indication that it must or should reach the merits of the
petition. The transferee court shall treat the petition as if it had been originally
filed there on the date it was filed in this Court and is instructed to consider
6
CASE NO.: SC17-1321
Page Two
of the transferee court. Any determination concerning whether a filing fee shall be
applicable to this case shall be made by the transferee court. Any and all pending
Any future pleadings filed regarding this case should be filed in the above
mentioned district court at 300 South Beach Street, Daytona Beach, Florida 32114.
IF FILED, DETERMINED.
A True Copy
Test:
two
Served: