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USSC Rule 13.5 Application To Extend Time Re SC20-696
USSC Rule 13.5 Application To Extend Time Re SC20-696
WASHINGTON, DC 20543-0001
December 2, 2020
Neil Gillespie
8092 SW 115th Loop
Ocala, FL 34481
The application for an extension of time within which to file a petition for a writ of
certiorari in the above-entitled case was postmarked November 24, 2020 and received
Decerrlber 2, 2020. The application is returned for the following reason(s):
The application is returned in light of the Court's Order of March 19, 2020.
Sincerely,
Enclosures
(ORDER LIST: 589 U.S.)
ORDER
following shall apply to cases prior to a ruling on a petition for a writ of certiorari:
IT IS ORDERED that the deadline to file any petition for a writ of certiorari
due on or after the date of this order is extended to 150 days from the date of the
lower court judgment, order denying discretionary review, or order denying a timely
Rule 30.4 will ordinarily be granted by the Clerk as a matter of course if the grounds
for the application are difficulties relating to COVID-19 and if the length of the
Clerk will entertain motions to delay distribution of a petition for writ of certiorari
where the grounds for the motion are that the petitioner needs additional time to file
granted by the Clerk as a matter of course if the length of the extension requested is
reasonable under the circumstances and if the motion is actually received by the
Clerk at least two days prior to the relevant distribution date. Such motions should
and practices do not apply to cases in which certiorari has been granted or a direct
These modifications will remain in effect until further order of the Court.
Clerk November 24, 2020
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
State of Mortgage
Neil J. Gillespie v. Reverse Florida Solutions
Dear Clerk:
Rule 13.5 Application to Justice Clarence Thomas to Extend Time to File A Writ of Certiorari,
and 2 copies, with separate volume appendices.
Enclosures
RECEIVED
DEC - 2 2020
tDFFICE OF THE CLERK
SUPREr,,1E COURT u.s.
•
No:
---------
IN THE
vs.
STATE OF FLORIDA
November 24,2020
by
RECE:~VED
DEC - 2 2020
0FFICE OF THE CLERK
SUPF~tJ'.I~E CCUflT. u.s.
LIST OF PARTIES
vs.
STATE OF FLORIDA
ASHLEY MOODY, ATTORNEY GENERAL
OFFICE OF THE ATTORNEY GENERAL
WESLEY HEIDT, Assistant Attorney General
444 Seabreeze Boulevard, Suite 500
Daytona Beach, Florida 32118
(386) 238-4990/ (386) 238-4997 (fax)
[email protected]
[email protected]
TABLE OF CONTENTS
CONCLUSION............................................................................................................................ 9
INDEX TO APPENDICES
Appendix A August 26, 2020 ORDER FLORIDA SUPREME COURT, Case No: SC20-969
Appendix D Notice November 2, 2020 to the Florida Division of Risk Management submitted
under Fla. Stat. s 768.28 Waiver of sovereign immunity in tort actions.
Appendix D-1 Grand Theft of Judge Ann Melenda Craggs and Curtis Wilson, Esq.
Appendix D-2 Criminal use of personal identification information Judge Craggs and Mr Wilson
Petitioner(s) Respondent(s)
A True Copy
Test:
db
Served:
WESLEY HEIDT
NEIL J. GILLESPIE
HON. DAVID R. ELLSPERMANN, CLERK
Filing # 109980467 E-Filed 07/09/2020 09:04:17 AM
APPENDIX B
July 9, 2020
The Florida Supreme Court has received the following documents reflecting a
filing date of 7/9/2020.
The Florida Supreme Court's case number must be utilized on all pleadings and
correspondence filed in this cause.
tr
cc:
WESLEY HEIDT
NEIL J. GILLESPIE
HON. DAVID R. ELLSPERMANN, CLERK
11/24/2020 - Florida Supreme Court Docket
PS Neil J. Gillespie
APPENDIX- (Confidential: must be
07/13/2020 Prohibition BY: PS Neil J.
RESPONSE screened)
Gillespie
RS State Of Florida
STATE1 BY: RS
08/04/2020 Prohibition REPLY TO RESPONSE State's Response
Wesley Heidt
773026
PS Neil J. Gillespie Petitioner's Reply to State's
08/06/2020 Prohibition REPLY TO REPLY BY: PS Neil J. Response **Stricken 8/6/20,
Gillespie as unauthorized.**
PS Neil J. Gillespie
**Stricken 8/6/20, as
08/06/2020 Prohibition APPENDIX-REPLY BY: PS Neil J.
unauthorized.**
Gillespie
Petitioner's Reply to State's
Response to this Court's order
ORDER-STRIKE
dated July 9, 2020, and is
08/06/2020 Prohibition FILING
hereby stricken as unauthorized
UNAUTHORIZED
along with the appendix to said
reply.
The Court having considered
petitioner's response to the
Court's order to show cause
dated July 9, 2020, this case is
DISP-ORIG PROC hereby dismissed. See Logan
DISM AS UNAUTH v. State, 846 So. 2d 472 (Fla.
08/26/2020 Prohibition
(LOGAN-AFTER 2003). Any motions or other
OTSC) requests for relief are also
denied. No motion for
rehearing or reinstatement will
be entertained by this Court.
2/2
IN THE
OPINIONS BELOW
Appendix A August 26, 2020 ORDER: The Court having considered petitioner's response to
the Court's order to show cause dated July 9, 2020, this case is hereby dismissed.
See Logan v. State, 846 So. 2d 472 (Fla. 2003). Any motions or other requests for
relief are also denied. No motion for rehearing or reinstatement will be
entertained by this Court.
JURISDICTIONAL STATEMENT
The jurisdiction of this Court is invoked under Rule 13.5 and 28 U.S.C. § 1254(1).
1
APPLICATION TO JUSTICE CLARENCE THOMAS
Neil J. Gillespie, a nonlawyer appearing pro se, henceforth in the first person, makes this
application to Justice Clarence Thomas under USSC Rule 13.5 to extend time to file a petition
RELIEF SOUGHT
I respectfully request a 60 day extension of time to file a petition for a writ of certiorari in
Florida Supreme Court Case No.: SC20-969, from November 24, 2020 to January 27, 2020.
MEDICALLY NECESSARY
On October 22, 2020 I was diagnosed with a detached retina in my left eye by Thomas L.
Croley, M.D. Ophthalmologist in Ocala. Detached retina is an urgent and serious medical
condition that could result in blindness if not promptly treated. Dr. Croley referred me for eye
surgery and I consulted the next day with Brandon Parrot, M.D., Ph.D. of Vitreo Retinal
Associates in Gainesville. Dr. Parrot proposed surgery at North Florida Surgical Pavilion in
surgery. Tentatively surgery is scheduled for December 1, 2020, contingent on a Covid-19 test
showing negative, and arranging transportation to and from North Florida Surgical Pavilion.
Arranging adequate transportation as been an ongoing issue. My vision has notably deteriorated,
although yesterday I filed a petition to the USSC, that was composed mostly of earlier writings.
Appendix E is my second Notice to the Fla. Division of Risk Management submitted under Fla.
Stat. s 768.28 Waiver of sovereign immunity in tort actions for liability in my detached retina.
On June 13, 2020 deputies of the Marion County Sheriff’s Office smashed open the front
door to my home with a battering ram, then unleashed a police K-9 dog in my home. A large
2
number of armed deputies followed, many or all of them shouting and using bright lights. I was
arrested as described in my Notice November 2, 2020 to the Fla. Division of Risk Management
submitted under Fla. Stat. s 768.28 Waiver of sovereign immunity in tort actions. (Appendix D)
The following is from my Notice under Fla. Stat. s 768.28 (Appendix D).
My name is Neil J. Gillespie, I am age 64, and a vulnerable adult under 415.102(28), as
set forth in the opening paragraph of my amended complaint. Social Security disability
determined I was 100 percent disabled in 1993. I have a long-standing conflict with the
Marion County Sheriff’s Office (MCSO), and Judge Ann Melinda Craggs. Conflict with
the MCSO began in 2006 when the MCSO refused to properly investigate
mortgage/financial fraud by Bank of America, and my sister, against my elderly mother
suffering from Alzheimer’s dementia. I tried to fix Mom’s finances with a federal Home
Equity Conversion Mortgage, also called a HECM reverse mortgage. I was Mom’s
caregiver until her death September 16, 2009. Judge Ann Melinda Craggs has presided
over the foreclosure (13-CA-115) of my home since 2015. The MCSO refused to
investigate wrongdoing by Judge Craggs and the lawyers in the foreclose, see attached
Appendix A my request to the MCSO June 20, 2019 to prosecute Judge Craggs for
Grand Theft under 812.014(1) and 812.014 (2)(a)1. Also see Appendix B my request to
the MCSO June 12, 2009 for criminal charges against Judge Craggs for violation of Fla.
Stat. § 817.568(8)(a) Criminal use of personal identification information. There is a lot
more I can provide.
I was arrested on June 13, 2020, about 12 hours after my amended complaint was filed at
4.57AM in 2020-CA-934. See State of Florida vs. Neil Joseph Gillespie, Marion County
Circuit Criminal Court, Case No. 2020-CF-2417, with charges filed for two crimes:
The State knows, or should know, that I was defending myself and my home from the
crime of home invasion, Fla. Stat. sec. 812.135, committed by Sarah May Thompson, a
35 year-old convicted felon, with multiple arrests and convictions, a known drug user,
and a homeless thief and commercial sex worker, who primarily trolls CR 484 from
Summerfied Florida to Dunellon Florida in search of drugs, money for drugs, and sex. In
January 2020 I sought the State’s help for Ms. Thompson, whom I believe is a vulnerable
adult under Fla. Stat. sec. 415.102(28) due to drug addiction. The State’s negligence is
the basis for my lawsuit in Case No. 20-CA-934.
Judge Ann Craggs signed the arrest warrant in 2020-CF-2417, and the arrest affidavit,
while she was a defendant in my civil rights/disability lawsuit against her and the Fifth
Judicial Circuit (2018-CA-2640) for criminal wrongdoing in the foreclosure of the
HECM reverse mortgage (2013-CA-115) which itself is still in litigation through appeals.
The MCSO and the State Attorney’s Office refused to properly investigate or prosecute
3
Judge Cragg’s criminal wrongdoing in my foreclosure. My arrest began when my front
door was smashed open with a battering ram; a K-9 dog unleashed in my home; many
deputies entered loudly and with guns drawn, and with blinding lights. Judge Craggs then
presided over my first appearance at the jail.
On June 11, 2019 I met a 34 year-old woman named Sarah May Thompson online. I
agreed to give Ms. Thompson a live-in position on a trial basis to assist me as a disabled
and vulnerable adult. Initially Ms. Thomspon seemed nice and had a compelling story.
She was a widow at age 27, lost her newborn daughter at birth at age 30 due to drug
addiction. She had a conviction for shoplifting and related offenses. Ms. Thompson said
all that was in her past, and she wanted a fresh start. That appeared to be correct, her
crimes in Marion County occurred in 2014.
However Ms. Thompson has a long criminal history, and was required but failed to
disclose her criminal background to the Marion County Sheriff when she moved to
Marion County in January 2019 upon release from the Florida Department of Corrections
in Pasco County under F.S. § 775.13 Registration of convicted felons. See attached
Exhibit 2.
Soon after moving in, Ms. Thompson stole my prescription medication. I contacted her
public defender, Susan Bailey, to no avail. Thompson started looking for a new place to
live, and was gone a lot, and completely moved out by July 14, 2019. My next substantial
contact with Thomspon was around January 1, 2020 when she asked for my help to leave
domestic violence with her boyfriend Matt Smith in Dunellon. Sarah appeared to have
turned a new leaf, and I let her stay in a patio room until she got settled. I also met her
brother Andrew and he slept on my sofa. Andrew is a builder and we made plans for an
11 acre property planned to buy. But on or about January 6, 2020 Andrew overdosed and
nearly died. He spent two months or so at AdventHealth hospital in Ocala. He is
permanently disabled and on a feeding pouch.
Ms. Thompson has a serious drug problem, and was most recently arrested in Sumter
County on August 31, 2020. I gave Ms. Thompson a number of chances for the fresh start
4
she wanted, but each time she went further down hill. On May 16, 2020 Ms. Thompson
left for good because I refused to drive her to buy drugs. (she does not have a driver’s
license). I was glad to see her go. Some of her belongings were in boxes in my garage.
On June 7, 2020 I picked up Sarah at Matt’s place in Dunellon to help move her stuff to a
public storage place on Pine Ave. in Ocala.
Shortly after she arrived, Thompson began smoking drugs from a bong heated with a
household torch from my tool box. Apparently Matt kicked her out and she was trying to
establish residence in my home, and even called 911 to falsely report I made a pass at
her. The MCSO refused to remove her from my property, claming she lived here. Deputy
N. Austin said I must file a complaint for unlawful detainer to remove Thompson, which
I began drafting immediately. Deputy Austin et al said that because Thompson lived here,
she could steal my property, smash the windows in my home, and film and tape record
me surreptitiously. I disagree. Thompson had no lease or other legal right to stay on my
property. She was here for the limited purpose of moving her property. My house rules
provide for no recording, and such devices are confiscated until the person leaves. I
confiscated her smart phone recording device as it sat unattended and charging from my
electric outlet under the circuit breaker box in the garage. After I confiscated the phone,
Thomspon claimed I took it from her person, which is false. I consider the events June 7,
2020 as a home invasion once Thompson refused to leave on request.
5
REASONS FOR GRANTING AN EXTENSION OF TIME
This application should be granted so I can prepare a petition for writ of certiorari to the
involved, as well as misconduct by the Florida Attorney General and the Florida Supreme Court.
falsehood in the State’s Response filed with the Florida Supreme Court. Mr. Heidt wrote in part,
Gillespie has filed a petition for writ of prohibition with this Court related to his
two criminal cases and his attempt to disqualify the trial judge as well as to
dismiss his two attorneys who represent him in the two lower court case numbers.
Mr. Heidt knows I only have one attorney (19-CF-4193) and that I appear pro se in 20-
CF-2417. This difference is substantial under the holding of Logan v. State, 846 So. 2d 472, 479
(Fla. 2003) where the Court announced "we will not entertain pro se extraordinary writ petitions
from criminal defendants seeking affirmative relief in the context of pending trial court criminal
cases, where it is clear from the face of the petitions that the petitioners are represented by
counsel in the pending criminal proceedings and the petitioners do not clearly indicate that they
I attempted to refute Mr. Heidt’s fraud upon the court on August 8, 2020, see Petitioner's
unauthorized. The Florida Supreme Court docket in SC20-969 shows the relevant entries:
7
The Florida Supreme Court then wrongly dismissed the case citing Logan v. State, 846 So. 2d
472 (Fla. 2003), even though I appeared pro se in 20-CF-2417, and had moved to dismiss
8
CONCLUSION
The Application to extend tin1e to file a petition for a writ of certiorari in Florida Supreme
Respectfully submitted,
IN THE
vs.
STATE OF FLORIDA
PROOF OF SERVICE
I, Neil Joseph Gillespie, do swear or declare that on this date, November 24,
2020, as required by Supreme Court Rule 29 I have served the enclosed RULE 13.5
APPLICATION TO EXTEND TIME TO FILE A PETITION FOR A WRIT OF
CERTIORARI on each party to the above proceeding or that party's counsel, and on
every other person required to be served, by depositing an envelope containing the above
documents in the United States mail properly addressed to each of them and with first
class postage prepaid, or by delivery to a third-party commercial carrier for delivery
within 3 calendar days, and by E-service. The names and addresses of those served are:
STATE OF FLORIDA
ASHLEY MOODY ATTORNEY GENERAL
OFFICE OF THE ATTORNEY GENERAL
WESLEY HEIDT
Assistant Attorney General
444 Seabreeze Boulevard, Suite 500
Daytona Beach, Florida 32118
(386) 238-4990/ (386) 238-4997 (fax)
[email protected]
[email protected]
I declare under penalty of perjury that the foregoing is true and correct.
There are no notice of claim requirements or forms for reporting a federal civil rights claim to
Risk Management. Claimants can outline their claim in a notice letter or can file a lawsuit with
no waiting or investigation period. That is the purpose of this letter. A claim of deprivation of
rights under color of law is a federal civil rights claim under 18 U.S.C. section 242.
https://www.justice.gov/crt/deprivation-rights-under-color-law
Unfortunately Brittany Quinlan, Assistant Attorney General, claimed pre-suit notice was
mandatory in her motion to dismiss my complaint for unlawful detainer, negligence, and
deprivation of rights under color of law. The causes of action are found on the Form 1.997 Civil
Cover Sheet filed June 13, 2020 at 4.57AM. That time is important as shown below.
FORM 1.997. CIVIL COVER SHEET - June 13, 2020 (4:57 AM) (Exhibit 1)
Filing # 108822955 E-Filed 06/13/2020 04:57:41 AM
IV. REMEDIES SOUGHT (all apply):
Monetary; Nonmonetary declaratory or injunctive relief; Punitive
V. NUMBER OF CAUSES OF ACTION:[3]
unlawful detainer, negligence, deprivation of rights under color of law
My name is Neil J. Gillespie, I am age 64, and a vulnerable adult under 415.102(28), as set forth
in the opening paragraph of my amended complaint. Social Security disability determined I was
100 percent disabled in 1993. I have a long-standing conflict with the Marion County Sheriff’s
Office (MCSO), and Judge Ann Melinda Craggs. Conflict with the MCSO began in 2006 when
the MCSO refused to properly investigate mortgage/financial fraud by Bank of America, and my
sister, against my elderly mother suffering from Alzheimer’s dementia. I tried to fix Mom’s
finances with a federal Home Equity Conversion Mortgage, also called a HECM reverse
mortgage. I was Mom’s caregiver until her death September 16, 2009. Judge Ann Melinda
Craggs has presided over the foreclosure (13-CA-115) of my home since 2015. The MCSO
refused to investigate wrongdoing by Judge Craggs and the lawyers in the foreclose, see attached
Appendix A my request to the MCSO June 20, 2019 to prosecute Judge Craggs for Grand Theft
under 812.014(1) and 812.014 (2)(a)1. Also see Appendix B my request to the MCSO June 12,
2009 for criminal charges against Judge Craggs for violation of Fla. Stat. § 817.568(8)(a)
Criminal use of personal identification information. There is a lot more I can provide.
Marc L. Stemle November 2, 2020
Bureau Chief of Liability and Property Claims
Division of Risk Management
I was arrested on June 13, 2020, about 12 hours after my amended complaint was filed at
4.57AM in 2020-CA-934. See State of Florida vs. Neil Joseph Gillespie, Marion County Circuit
Criminal Court, Case No. 2020-CF-2417, with charges filed for two crimes:
The State knows, or should know, that I was defending myself and my home from the crime of
home invasion, Fla. Stat. sec. 812.135, committed by Sarah May Thompson, a 35 year-old
convicted felon, with multiple arrests and convictions, a known drug user, and a homeless thief
and commercial sex worker, who primarily trolls CR 484 from Summerfied Florida to Dunellon
Florida in search of drugs, money for drugs, and sex. In January 2020 I sought the State’s help
for Ms. Thompson, whom I believe is a vulnerable adult under Fla. Stat. sec. 415.102(28) due to
drug addiction. The State’s negligence is the basis for my lawsuit in Case No. 20-CA-934.
Judge Ann Craggs signed the arrest warrant in 2020-CF-2417, and the arrest affidavit,
while she was a defendant in my civil rights/disability lawsuit against her and the Fifth Judicial
Circuit (2018-CA-2640) for criminal wrongdoing in the foreclosure of the HECM reverse
mortgage (2013-CA-115) which itself is still in litigation through appeals. The MCSO and the
State Attorney’s Office refused to properly investigate or prosecute Judge Cragg’s criminal
wrongdoing in my foreclosure. My arrest began when my front door was smashed open with a
battering ram; a K-9 dog unleashed in my home; many deputies entered loudly and with guns
drawn, and with blinding lights. Judge Craggs then presided over my first appearance at the jail.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of War or public danger; nor shall
any person be subject for the same offence to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against himself, nor be deprived
of life, liberty, or property, without due process of law; nor shall private property be
taken for public use, without just compensation.
On June 11, 2019 I met a 34 year-old woman named Sarah May Thompson online. I agreed to
give Ms. Thompson a live-in position on a trial basis to assist me as a disabled and vulnerable
adult. Initially Ms. Thomspon seemed nice and had a compelling story. She was a widow at age
27, lost her newborn daughter at birth at age 30 due to drug addiction. She had a conviction for
shoplifting and related offenses. Ms. Thompson said all that was in her past, and she wanted a
fresh start. That appeared to be correct, her crimes in Marion County occurred in 2014.
2
Marc L. Stemle November 2, 2020
Bureau Chief of Liability and Property Claims
Division of Risk Management
However Ms. Thompson has a long criminal history, and was required but failed to disclose her
criminal background to the Marion County Sheriff when she moved to Marion County in
January 2019 upon release from the Florida Department of Corrections in Pasco County under
F.S. § 775.13 Registration of convicted felons. See attached Exhibit 2.
Soon after moving in, Ms. Thompson stole my prescription medication. I contacted her public
defender, Susan Bailey, to no avail. Thompson started looking for a new place to live, and was
gone a lot, and completely moved out by July 14, 2019. My next substantial contact with
Thomspon was around January 1, 2020 when she asked for my help to leave domestic violence
with her boyfriend Matt Smith in Dunellon. Sarah appeared to have turned a new leaf, and I let
her stay in a patio room until she got settled. I also met her brother Andrew and he slept on my
sofa. Andrew is a builder and we made plans for an 11 acre property planned to buy. But on or
about January 6, 2020 Andrew overdosed and nearly died. He spent two months or so at
AdventHealth hospital in Ocala. He is permanently disabled and on a feeding pouch.
Ms. Thompson has a serious drug problem, and was most recently arrested in Sumter County on
August 31, 2020. I gave Ms. Thompson a number of chances for the fresh start she wanted, but
each time she went further down hill. On May 16, 2020 Ms. Thompson left for good because I
refused to drive her to buy drugs. (she does not have a driver’s license). I was glad to see her go.
Some of her belongings were in boxes in my garage. On June 7, 2020 I picked up Sarah at Matt’s
place in Dunellon to help move her stuff to a public storage place on Pine Ave. in Ocala.
Shortly after she arrived, Thompson began smoking drugs from a bong heated with a household
torch from my tool box. Apparently Matt kicked her out and she was trying to establish
residence in my home, and even called 911 to falsely report I made a pass at her. The MCSO
refused to remove her from my property, claming she lived here. Deputy N. Austin said I must
file a complaint for unlawful detainer to remove Thompson, which I began drafting immediately.
Deputy Austin et al said that because Thompson lived here, she could steal my property, smash
the windows in my home, and film and tape record me surreptitiously. I disagree. Thompson had
no lease or other legal right to stay on my property. She was here for the limited purpose of
moving her property. My house rules provide for no recording, and such devices are confiscated
until the person leaves. I confiscated her smart phone recording device as it sat unattended and
charging from my electric outlet under the circuit breaker box in the garage. After I confiscated
the phone, Thomspon claimed I took it from her person, which is false. I consider the events
June 7, 2020 as a home invasion once Thompson refused to leave on request.
AAG Quinlan contends a pre-suit notice of claim requirement for the state under 768.28,
even though this is primarily a civil rights action regarding the state.
3
Marc L. Stemle November 2, 2020
Bureau Chief of Liability and Property Claims
Division of Risk Management
AAG Quinlan failed to inform the Court that I am a member of the protected class.
Please advise if you need additional information. I am filing this letter with you as Bureau Chief
of Liability and Property Claims, Division of Risk Management, and the court, in an abundance
of caution under 768.28 Waiver of sovereign immunity in tort actions.
Thank you.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel.: 352-854-7807
Email: [email protected]
4
Filing # 108822955 E-Filed 06/13/2020 04:57:41 AM
1
FORM 1.997. CIVIL COVER SHEET
The civil cover sheet and the information contained in it neither replace nor supplement the filing
and service of pleadings or other documents as required by law. This form must be filed by the
plaintiff or petitioner with the Clerk of Court for the purpose of reporting uniform data pursuant
to section 25.075, Florida Statutes. (See instructions for completion.)
I. CASE STYLE
vs.
Defendant See attached list
III. TYPE OF CASE (If the case fits more than one type of case, select the most
definitive category.) If the most descriptive label is a subcategory (is indented under a
broader category), place an x on both the main category and subcategory lines.
CIRCUIT CIVIL
Condominium
Contracts and indebtedness
Eminent domain
Auto negligence
Negligence—other
Business governance
Business torts
Environmental/Toxic tort
Third party indemnification
Construction defect
Mass tort
Negligent security
Nursing home negligence
Premises liability—commercial
Premises liability—residential
Products liability
___ Real property/Mortgage foreclosure
_____ Commercial foreclosure
_____ Homestead residential foreclosure
_____ Non-homestead residential foreclosure
_____ Other real property actions
Professional malpractice
Malpractice—business
Malpractice—medical
Malpractice—other professional
✔
Other
Antitrust/Trade regulation
Business transactions
Constitutional challenge—statute or ordinance
Constitutional challenge—proposed amendment
Corporate trusts
Discrimination—employment or other
Insurance claims
Intellectual property
Libel/Slander
Shareholder derivative action
Securities litigation
Trade secrets
Trust litigation
COUNTY CIVIL
Civil
Replevins
Evictions
Other civil (non-monetary)
NEIL J. GILLESPIE,
Defendants,
_________________________________/
COMES NOW the Plaintiff, NEIL J. GILLESPIE, age 64 and suffering the infirmaries of
aging, an indigent nonlawyer, unable to obtain adequate counsel, a consumer of legal and court
services affecting interstate commerce, a consumer of personal, family and household goods and
adult (Fla. Stat. 415.102(28)), reluctantly appears pro se, here in the first person, and files
1. This complaint is brought under the Constitution and laws of Florida, and the
Constitution and laws of the United States, including Fla. Stat. § 34.011(2) for unlawful detainer.
2. The amount in controversy exceeds $100,000. I invoke jurisdiction of the Circuit Court.
3. I demand a jury trial. Sec. 22, Art. 1, Fla. Const., and Amend VII, U.S. Const.
4. Fla. Stat. 415.102(28) Adult Protective Services, defines the term vulnerable adult:
2
Filing # 116021357 E-Filed 11/02/2020 06:44:17 PM
This is a referral for formal criminal charges against Judge Ann Melenda Craggs for violation of
Fla. Stat. § 812.014(1) and § 812.014 (2)(a)1 Grand Theft; and related crimes together with
Curtis Wilson, Esq., in the wrongful foreclosure of my Fla. residential homestead.
COUNT I
GRAND THEFT - THE PROPERTY STOLEN IS VALUED AT $100,000 OR MORE
812.014(1) and § 812.014 (2)(a)1
Judge Craggs and Mr. Wilson warrant prosecution for violation of Fla. Stat. § 812.014(1) and §
812.014 (2)(a)1 grand theft in the first degree, punishable as a felony of the first degree, as
provided in s. 775.082, s. 775.083, or s. 775.084.
The Office of David R. Ellspermann Marion County Clerk’s Office prepared an Evidence List
for a non-jury trial July 18, 2017 that appears at Exhibit 1, in Case Number 13-CA-115, Reverse
Mortgage Solutions, Inc. vs. Neil J. Gillespie et al.
Evidence ID # PL-1 is Original Adjustable Rate Note (Home Equity Conversion). (Exhibit 2)
10. No Deficiency Judgments. Borrower shall have no personal liability for payment of
the debt secured by this Security Instrument. Lender may enforce the debt only through
sale of the Property. Lender shall not be permitted to obtain a deficiency judgment
against Borrower if the Security Instrument is foreclosed. If this Security Instrument is
assigned to the Secretary upon demand by the Secretary, Borrower shall not be liable for
any difference between the mortgage insurance benefits paid to Lender and the
outstanding indebtedness, including accrued interest, owed by Borrower at the time of the
assignment.
A four (4) page document by Reverse Mortgage Solutions, Inc., titled “INFORMATION
CONCERNING OPTIONS AVAILABLE ON YOUR FEDERALLY INSURED HOME
EQUITY CONVERSION MORTGAGE appears at Exhibit 4, and online at this URL
https://myrmloan.com/Documents/ForeclosurePreventionOptions.pdf
HECM’s are non-recourse loans and you, and your heirs, will not be personally liable for
the amounts owed. You and your heirs will not be pursued for any deficiency after
foreclosure or after any short sale or 95% payoff that is completed in accordance with the
2
GRAND THEFT Re Judge Craggs and Mr. Wilson June 20, 2019
rules, regulations and guidelines of the United States Department of Housing and Urban
Development (“HUD”).
Page 2 is titled,
What Options Are Available When the HECM loan becomes due and payable?
g. Retain jurisdiction of this cause and the parties hereto to determine Plaintiffs
entitlement to a deficiency judgment and the amount thereof; unless any Defendant
personally liable shall have been discharged from liability under the subject Note
pursuant to the provisions of the Bankruptcy Code 11. U.S.C. § 101, et. seq,.; and
I believe the “WHEREFORE” part of this verified complaint is meaningless because the Plaintiff
failed to plead grounds or entitlement for a deficiency judgment.
10. The Court retains jurisdiction of this action to enter further Orders that are proper
including, without limitation, writs of possession, deficiency judgments and re-
foreclosure of omitted parties and to determine the amount of assessments due pursuant
to Florida Statutes 718.116 or 720.3085, if applicable.
Currently I am in Chapter 13 bankruptcy as a direct result of this reverse mortgage, Case No.
3:19-bk-00808-JAF, U.S. Bankruptcy Court, Middle District of Florida, Jacksonville Division.
Attorney Austin M Noel, Florida Bar No. 106539, McCalla Raymer Leibert Pierce, LLC,
represents creditor Reverse Mortgage Solutions, Inc., and filed two motions for relief from the
automatic bankruptcy stays, one for me as Debtor (Doc 45) and one for Mark Gillespie (Doc 46).
3
GRAND THEFT Re Judge Craggs and Mr. Wilson June 20, 2019
Paragraph 3, in part: “On July 18, 2017, a Final Judgment of Foreclosure was entered in
the amount of $148,363.32.” (Doc 45 and Doc 46)
Paragraph 5, in part: “The Debtor has no equity in the Property, as evidenced by the
Marion County Property Appraiser’s value, which lists the value of the Property at $80,565.00,”
(Doc 45 and Doc 46)
Attorney Melbalynn Fisher of McCalla Raymer Leibert Pierce, LLC filed a Proof of Claim for
creditor Reverse Mortgage Solutions, Inc. in the amount of $185,966.75. (Exhibit 6).
Therefore, using the amounts provided by Attorney Noel and Attorney Fisher, the amount of a
deficiency judgment exceeds $100.000, calculated as follows:
Background
Judge Ann Melenda Craggs (“Judge Craggs”) has presided over the foreclosure of my home in
Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al., Case No.: 2013-CA-00115, Marion
County Circuit Court, Florida Fifth Judicial District, since August 18, 2016, after the recusal, sua
sponte, of Judge Steven G. Rogers, see Doc-354 Order of Recusal, entered on August 17, 2016.
The case commenced on January 9, 2013 in Marion County.
Reverse Mortgage Solutions, Inc. (“RMS”) is represented by Curtis Alan Wilson (Bar ID 77669)
of McCalla, Raymer, Leibert, Pierce, LLC, 225 E. Robinson St. Suite 115, Orlando, FL 32801.
RMS is an active (as of today) Foreign Profit Corporation registered with the Florida Division of
Corporations. The 2019 Foreign Profit Corporation Annual Report for RMS appears online, and
shows the address for RMS: 14405 Walters Road, Suite 200, Houston, TX 77014.
RMS and its parent company Ditech Holding Corporation are in chapter 11 bankruptcy,
consolidated case number 1:19-bk-10412 in the New York Southern Bankruptcy Court.
I am age 63. I am disabled as determined by Social Security. Judge Craggs presided over a non-
jury trial July 18, 2017 in the Marion County Judicial Center, 110 NW 1st Ave., Ocala, FL
34475. Judge Craggs entered a Final Judgment of Foreclosure that does not mention the
arguments I made before becoming sick, or mention the fact that I was transported to the hospital
before the trial ended, and left without anyone to represent me. Judge Craggs did not include any
of my documents into evidence.
4
GRAND THEFT Re Judge Craggs and Mr. Wilson June 20, 2019
Judge Craggs and Mr. Wilson also violated related laws, such as,
F.S. § 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.
Mr. Wilson and Judge Craggs made false statements in writing to mislead the Marion County
Clerk in the performance of his duties. Regarding Judge Craggs,
Judge Craggs knowingly and intentionally obtained a benefit (deficiency judgment) for any
person (Mr. Wilson) or to cause unlawful harm to another (Neil J. Gillespie) by falsifying, or
causing another person to falsify, any official record or official document;
5
GRAND THEFT Re Judge Craggs and Mr. Wilson June 20, 2019
certificate, or shall fraudulently alter, deface, or falsify any minutes, documents, books,
or any proceedings whatever of or belonging to any public office within this state; or if
any person shall cause or procure any of the offenses aforesaid to be committed, or be in
anywise concerned therein, the person so offending shall be guilty of a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
Judge Craggs is a public officer who corruptly used her official position as judge to secure a
special benefit (corrupt foreclosure) for Mr. Wilson.
Judge Craggs is a public servant as provided by the Fla. Const., Art. V, who violated her Oath of
Office, see Art. II, sec 5(b).
(b) Each state and county officer, before entering upon the duties of the office, shall give
bond as required by law, and shall swear or affirm:
“I do solemnly swear (or affirm) that I will support, protect, and defend the
Constitution and Government of the United States and of the State of Florida; that
I am duly qualified to hold office under the Constitution of the state; and that I
will well and faithfully perform the duties of (title of office) on which I am now
about to enter. So help me God.”,
and thereafter shall devote personal attention to the duties of the office, and continue in
office until a successor qualifies.
Count VIII - Art. II, Sec 8. Ethics in government.—A public office is a public trust.
The people shall have the right to secure and sustain that trust against abuse.
Note: The Judicial Qualifications Commission (JQC) has reviewed my complaints against Judge
Craggs (Docket No. 16-561; Docket No. 19-032) and reached the same conclusion:
6
GRAND THEFT Re Judge Craggs and Mr. Wilson June 20, 2019
The Investigative Panel of the Commission has completed its review of your complaint in
the above matter and has determined, at its most recent meeting, that the concerns you
have expressed are not allegations involving a breach of the Code of Judicial Conduct
warranting further action by the Commission but are matters for review through the
normal court process.
The purpose of the Commission is to determine the existence of judicial misconduct and
disability as defined by the Constitution and the laws of the State of Florida. If such
misconduct or disability is found, the Commission can recommend disciplinary action to
the Florida Supreme Court. The Commission has found no basis for further action on
your complaint that therefore has been dismissed.
Therefore, jurisdiction shifts to law enforcement for “review [trial] through the normal court
process” as stated in the attached JQC close-out letters for Judge Craggs, because,
A public office is a public trust. The people shall have the right to secure and sustain that
trust against abuse. - Art. II, Sec 8. Ethics in government.
Judge Craggs has committed other crimes in this foreclosure. I may submit those separately. But
I may not, if the enclosed evidence and accusations are sufficient to arrest and convict Judge
Craggs and Mr. Wilson. The Bar and the Bench have worked since 2013 to confuse just about
every issue in this case. I do not want to confuse this case further and thereby undermine any
prosecutable crime(s) against Judge Craggs and Mr. Wilson. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
[email protected]
352-854-7807
Enclosures
7
Amend. IV, U.S. Const., right of the people to be secure in their homes, and their property
against unreasonable searches and seizures by the government.
The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.
The maxim that a "man's house is his castle" is one of the oldest and most deeply rooted
levels of society down to the "poorest man" living "in his cottage." The maxim also forms part of
the fabric of the Fourth Amendment to the Constitution, which protects people, their homes, and
*Citation: Sir Edward Coke, Third Institute of the Laws of England 162 (1644). The
complete quotation is: “For a man’s house is his castle, et domus sua cuique tutissimum
refugium.” The Latin means: “and his home his safest refuge.” See Semayne’s Case
(1603) 77 Eng. Rep. 194 (K.B.) (“[T]he house of every one is to him as his castle and
fortress, as well for his defence against injury and violence, as for his repose.”), quoted in
Wilson v. Layne, 526 U.S. 603, 609–10 (1999); Weeks v. United States, 232 U.S. 383,
390 (1914) (“[E]very man’s house is his castle.” (quoting Judge Thomas McIntyre
Cooley, A Treatise on the Constitutional Limitations Which Rest upon the Legislative
Power of the States of the American Union 299 (1868))); William Blackstone, 3
Commentaries 288 (1768) (“[E]very man’s house is looked upon by the law to be his
castle...”); William Blackstone, 4 Commentaries 223 (1765–1769) (“[T]he law of
England has so particular and tender a regard to the immunity of a man’s house, that it
stiles it his castle, and will never suffer it to be violated with impunity...”); Miller v.
United States, 357 U.S. 301, 307 (1958) (quoting William Pitt’s 1763 speech in
Parliament: “The poorest man may in his cottage bid deªance to all the forces of the
crown. It may be frail; its roof may shake; the wind may blow through it; the storm may
enter; the rain may enter; but the king of England may not enter—all his force dares not
cross the threshold of the ruined tenement!”).
1
2
3
4
INFORMATION CONCERNING OPTIONS AVAILABLE ON YOUR
FEDERALLY INSURED HOME EQUITY CONVERSION MORTGAGE
Contact Us:
Reverse Mortgage Solutions understands that people sometimes face personal and financial difficulties.
Whether you have received a letter informing you that your loan is in default, you are facing foreclosure
or you are just interested in obtaining information about what foreclosure alternatives are available to
you with a reverse mortgage, we urge you to contact us at 866-799-7724 during regular business hours.
We have representatives ready to take your call Monday-Friday between the hours of 8:00 a.m. to 5:00
p.m..
You may be eligible for homeownership counseling. These services are provided by non-profit organizations
approved by the United States Department of Housing and Urban Development (HUD) and experienced in the
provision of Homeownership Counseling. You can obtain a list of HUD approved counseling agencies in your
area by calling toll-free 1-800-569-4287 or online at http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm.
You can also review the HUD approved Home Equity Conversion Mortgage (HECM) Counselor Roster
at https://entp.hud.gov/idapp/html/hecm_agency_look.cfm.
You may also find the following link to the Fannie Mae Assistance Program helpful:
www.knowyouroptions.com.
New York State – You may obtain a list of government approved not-for-profit housing counselors in
your geographic area by visiting the below websites:
HECM means Home Equity Conversion Mortgage. The HECM program is the Federal Housing
Administration’s (FHA) federally insured reverse mortgage program.
HECM’s are non-recourse loans and you, and your heirs, will not be personally liable for the amounts owed.
You and your heirs will not be pursued for any deficiency after foreclosure or after any short sale or 95% payoff
that is completed in accordance with the rules, regulations and guidelines of the United States Department of
Housing and Urban Development (“HUD”).
What Options Are Available When the HECM loan becomes due and payable?
Once a HECM has become due and payable, the following options may be available to the borrower or the
borrower’s estate:
(1) Payoff Loan. The reverse mortgage loan can be paid off by paying the full amount of the debt owed on the
loan via wire transfer or certified funds (cashier’s check or money order). Please do not send cash. A payoff
statement may be obtained by faxing a request from the borrower or authorized person on the loan to the
following: 866-790-3451. You can call to discuss this option and receive further instructions. Please note
that when the last borrower is deceased, an heir or the borrower’s estate may be entitled to a 95% Payoff
described below.
(2) Non-Borrowing Spouse. If the borrower has passed away and there is a surviving spouse who was not a
borrower on the reverse mortgage note, please contact us to discuss whether there may be any other options
available. HUD has provided guidance that permits a surviving non-borrowing spouse to remain in the home,
but only if very specific requirements are met. However, the servicer must be contacted immediately as the
timeframe for pursuing this option is limited. Please note that additional documentation and information will
be required to determine whether the loan and non-borrowing spouse are eligible to be considered for the
option and the non-borrowing spouse must continue to meet all obligations of the loan.
(3) Rights of Borrower’s Estate’s or Heirs to a 95% Payoff. This option is only available when the last
borrower on the reverse mortgage loan is deceased. When a HECM loan becomes due and payable as a result
of the borrower’s death and the property is conveyed by will or operation of law to the borrower’s estate or
heirs (including a surviving spouse who is not obligated on the HECM note) that party (or parties if there are
multiple heirs) may satisfy the HECM debt by paying the lesser of (1) the full amount of the debt owed on
the loan or (2) 95% of the current appraised value of the property. You must contact us immediately and
inform us of your intent to pursue this option and obtain all necessary documents. It will be necessary for us
to order an appraisal of the property through a HUD approved appraiser to determine the current appraised
value. It is important that you provide us with the contact information (name and telephone number) of
someone who will grant an appraiser access to the property so that the required interior appraisal can be
conducted. Please note that if you are using a lender to finance the amounts necessary to pay off the loan,
they may have additional requirements.
IMPORTANT: Pursuant to HUD guidance, in certain instances the 95% Payoff option may only available
when there is a post-death conveyance. This means that if you owned the property prior to the borrower’s
death (for instance, if your name was on the deed or title to the property at the time the borrower died), you
might not qualify for this option.
(4) Third-Party Sale of the Property (Including Third-Party Short Sale). The reverse mortgage loan can be
satisfied by selling the property to a third-party buyer and using the sale proceeds to pay off the loan. The
property can be sold for the lesser of (1) the full amount of debt owed on the loan or (2) an amount that is at
least 95% of the current appraised value of the property. You must contact us immediately and inform us of
your intent to pursue this option and obtain all necessary documents. It will be necessary for us to order an
appraisal of the property through a HUD approved appraiser to determine the current appraised value. It is
important that you provide us with the contact information (name and telephone number) of someone who
will grant an appraiser access to the property so that the required interior appraisal can be conducted.
(5) Enter into a Deed in Lieu of Foreclosure. We may be able to accept a deed in lieu of foreclosure, which
avoids the foreclosure process by permitting you to deed the Property to the mortgagee. If the borrower or
the borrower’s estate is interested in this option, the next steps are to (1) fill out and sign the Important Notice
and check the box for deed in lieu of foreclosure or (2) prepare a written request to enter into a deed in lieu
of foreclosure and return either the executed Important Notice or the written request to the loan servicer as
follows (1) if by mail, send to 14405 Walters Rd., Suite 200, Houston, TX 77014 or (2) if by fax, then fax
to 866-790-3451. Please note that to complete a deed in lieu transaction: (1) all parties with an interest in
the property may need to execute the deed in lieu or other documents, (2) good marketable title must be
conveyed and (3) the property must be vacant and cleared of all personal items, trash and debris.
(6) Cure the Default that Caused the Loan to Become Due and Payable. If the loan has become due and
payable for reasons other than death (such as failure to pay property taxes or insurance or failure to occupy
the property as a primary residence), then you may be able to cure the default by taking actions to correct the
default that resulted in the loan becoming due and payable. Please call immediately to discuss your options.
(7) Walk Away. There is always the option of walking away and permitting the lender to foreclose. This is a
non-recourse reverse mortgage loan and the borrower, the borrower’s estate and borrower’s heirs will not be
pursued for a deficiency judgment after a foreclosure.
Appraisal Vendors: HUD requires that an appraisal of the property be performed by a HUD approved appraiser.
Once the reverse mortgage loan is due and payable, you may be contacted by an appraiser used by our appraisal
vendor to schedule an appointment to visit the property.
Documents Required: Please help us to help you by promptly providing us with the information and documents
we need to assist you in pursuing your options. If you desire to sell the property, enter into a third-party short sale
transaction, enter into a deed in lieu of foreclosure or the borrower is deceased and you believe you are entitled to the
95% payoff option, there is information we must obtain from you.
x First, fill out and return the form called “Important Notice” and inform us of your intentions with respect to the
property.
x Second, during the sale of the property or the 95% payoff option copies of the following documents must be
provided. Please note that the applicability of the documents listed varies based on the reason that the loan has
become due and payable and all documents listed will not be applicable to your situation.
o Contact information (name and telephone number) of someone who will grant access to the property so that the
required interior appraisal can be conducted.
o A copy of the borrower’s death certificate;
o A complete copy of the Power of Attorney or Guardianship document;
o A complete copy of the court appointment of the executor, administrator or personal representative of the
deceased borrower’s estate;
o A complete copy of borrower’s trust and appointment of trustee;
o Letters testamentary or letters of administration, if any;
o If you are planning to refinance, a copy of the loan approval letter from your new lender;
o If you are selling the property with a realtor, a copy of the listing agreement;
o If you are selling the home yourself, please provide proof of these attempts;
o When you accept an offer to sell the property, provide a copy of the sales contract;
Contact us to discuss your options. You can pay off the loan or you may have options of entering into a deed-in-
lieu of foreclosure or selling the home to a third-party in an approved short sale based on the current appraised
value as determined by a HUD-approved appraiser.
6
Claim History
https://ecf.flmb.uscourts.gov/cgi-bin/ClaimHistory.pl?1277865,5-1,4968591,3:19-bk-00808-JAF 1/1
Filing # 116021357 E-Filed 11/02/2020 06:44:17 PM
June 11,2019
This is a referral for fonnal criminal charges against Judge Ann Melenda Craggs for violation of
Fla. Stat. § 817.568(8)(a) Criminal use ofpersonal identification information; and related crimes
together with Curtis Wilson, Esq., in the wrongful foreclosure of my Fla. residential homestead.
Judge Ann Melenda Craggs ("Judge Craggs") has presided over the foreclosure of my home in
Reverse Mortgage Solutions, Inc. v. Neil J. G-illespie, et aI., Case No.: 2013-CA-OOI15, Marion
County Circuit Court, Florida Fifth Judicial District, since August 18, 2016, after the recusal, sua
sponte, of Judge Steven G. Rogers, see Doc-354 Order of Recusal, entered on August 17,2016.
The case commenced on January 9, 2013 in Marion County.
Reverse Mortgage Solutions, Inc. ("RMS") is represented by Curtis Alan Wilson (Bar ID 77669)
of McCalla, Raymer, Leibert, Pierce, LLC, 225 E. Robinson St. Suite 115, Orlando, FL 32801.
RMS is an active (as of today) Foreign Profit Corporation registered with the Florida Division of
Corporations. The 2019 Foreign Profit Corporation Annual Report for RMS appears online, and
shows the address for RMS: 14405 Walters Road, Suite 200, Houston, TX 77014.
RMS and its parent company Ditech Holding Corporation are in chapter 11 bankruptcy,
consolidated case number 1:19-bk-l0412 in the New York Southern Bankruptcy Court.
This referral is to both the MCSO and the OPD since either agency may have jurisdiction, as I
understand, over crimes occurring July 18, 2017, in the Marion County Judicial Center, 110 NW
1st Ave., Ocala, FL 34475 during a non-jury trial where Judge Craggs entered a Final Judgment
ofForeclosure that does not mention the arguments I made before becoming sick, or mention the
fact that I was transported to the hospital before the trial ended, and left without anyone to
represent me. Judge Craggs did not include any of my documents into evidence.
I am age 63. I am disabled with type 2 diabetes since 2006. Social Security detennined I was
totally disabled since 1992 following a traumatic brain injury as a survivor of a street robbery.
Judge Craggs and Mr. Wilson continue to rely upon the fruits of their crime in the wrongful
foreclosure ofnlY Florida residential homestead property located at 8092 SW 115th Loop, Ocala,
Florida, 34481, Marion County.
Judge Craggs and Mr. Wilson violated Fla. Stat. § 817.568(8)(a) June 11, 2019
Criminal use of personal identification information
The Plaintiff’s (RMS) state court in rem action alleges the 2009 death of Penelope Gillespie is
grounds to foreclose a Home Equity Conversion Mortgage on my homestead residence, 8092
SW 115th Loop, Ocala, Marion County, Florida in a 55+ community called Oak Run. The
property’s market value is $80,565 according to the MCPA (2018). I am one of three (3)
borrowers, with my mother Penelope Gillespie, and brother Mark Gillespie.
I am one of two surviving HECM mortgagors, and the only surviving homeowner living in the
home, alone, in substantial compliance with the HECM Note, making this foreclosure of a
HECM premature. My bother Mark Gillespie of Fort Worth Texas is also a surviving borrower,
but he does not live in the home. The HECM becomes due and payable in full “if a mortgagor
dies and the property is not the principal residence of at least one surviving mortgagor....and no
other mortgagor retains title to the property.” 24 C.F.R. § 206.27(c). Mortgagor Ms. Gillespie
died in 2009. But I am a surviving borrower or mortgagor living in the home as my principal
residence, and retain title to the property. Therefore I dispute the Plaintiff’s allegations in its
“Verified Complaint to Foreclose Home Equity Conversion Mortgage”.
Judge Craggs and Mr. Wilson violated Fla. Stat. § 817.568(8)(a) Criminal use of personal
identification information, used as trial evidence in the foreclosure.
(8)(a) Any person who willfully and fraudulently uses, or possesses with intent to
fraudulently use, personal identification information concerning a deceased individual or
dissolved business entity commits the offense of fraudulent use or possession with intent
to use personal identification information of a deceased individual or dissolved business
entity, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
My mother, Penelope Gillespie, died on September 16, 2009. RMS alleged so in paragraph 5 of
its Verified Complaint To Foreclose Home Equity Conversion Mortgage.
2
Judge Craggs and Mr. Wilson violated Fla. Stat. § 817.568(8)(a) June 11, 2019
Criminal use of personal identification information
Penelope Gillespie was dead on July 18, 2017 when Mr. Wilson submitted trial evidence in
violation of § 817.568(8)(a),
because the Notice of Default and Intent to Foreclose is dated June 8, 2012 to “Penelope
Gillespie” and “Dear Penelope Gillespie”. The Evidence List appears at Exhibit 1. The Notice of
Default and Intent to Foreclose appears at Exhibit 2 and is signed by Judge Craggs.
The Notice of Default and Intent to Foreclose does not inform “Penelope Gillespie” because she
died on September 16, 2009. A deceased person cannot own property, or respond to this notice.
This notice is defective.
Because the Plaintiff missed the time to bring a foreclosure, it has relied on false documents
showing Penelope Gillespie is still alive, including its notice of foreclosure, and routine
correspondence addressed to “Penelope Gillespie”.
“Dear Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living
Trust Agreement dated February 10, 1997”
In fact the trust is not mentioned at all. Mark Gillespie was not provided a Notice of Default at
his home in Fort Worth, Texas.
Therefore service on Neil J. Gillespie and Mark Gillespie, is fatally flawed. The Trust was not
sued. Penelope Gillespie was not sued. The Estate of Penelope Gillespie was not sued.
On information and belief, the Plaintiff sued the wrong party in suing “Neil J.
Gillespie and Mark Gillespie as Co-Trustee of the Gillespie Family Living Trust
Agreement Dated February 10, 1997”, see the Foreclosure Benchbook 2013 “Parties
to the Foreclosure Action”, “Necessary and Proper Defendants” on page 16:
1. The owner of the fee simple title - only indispensable party defendant to
a foreclosure action. English v. Bankers Trust Co. of Calif., N.A., 895 So.
2d 1120, 1121 (Fla. 4th DCA 2005). Foreclosure is void if titleholder
omitted...
3
Judge Craggs and Mr. Wilson violated Fla. Stat. § 817.568(8)(a) June 11, 2019
Criminal use of personal identification information
The titleholder on January 9, 2013 when the case was filed was the “Gillespie Family Living Trust
Agreement Dated February 10, 1997”. The Plaintiff failed to sue the only indispensable party.
Therefore, the foreclosure is void. See Filing # 83954243 E-Filed 01/27/2019 11:53:01 PM
I demand Judge Craggs, and Mr. Wilson, be prosecuted for violation of § 817.568(8)(a), a felony
of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Judge Craggs and Mr. Wilson also violated related laws, such as,
F.S. § 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.
Mr. Wilson and Judge Craggs made false statements in writing to mislead the Marion County
Clerk in the performance of his duties. Regarding Judge Craggs,
Judge Craggs knowingly and intentionally obtained a benefit (foreclosure) for any person (Mr.
Wilson) or to cause unlawful harm to another (Neil J. Gillespie) by falsifying, or causing another
person to falsify, any official record or official document;
4
Judge Craggs and Mr. Wilson violated Fla. Stat. § 817.568(8)(a) June 11,2019
Criminal use of personal identification information
Chapter 825, Abuse, Neglect, And Exploitation Of Elderly Persons and Disabled Adults
Judge Craggs is a public officer who corruptly used her official position as judge to secure a
special benefit (corrupt foreclosure) for Mr. Wilson.
Judge Craggs is a public servant as provided by the Fla. Const., Art. V, who violated her Oath of
Office, see Art. II, sec 5(b).
(b) Each state and county officer, before entering upon the duties of the office, shall give
bond as required by law, and shall swear or affirm:
"I do solenlnly swear (or affirm) that I will support, protect, and defend the
Constitution and Government of the United States and of the State of Florida; that
I am duly qualified to hold office under the Constitution of the state; and that I
will well and faithfully perform the duties of (title of office) on which I am now
about to enter. So help me God.",
and thereafter shall devote personal attention to the duties of the office, and continue in
office until a successor qualifies.
Judge Craggs has committed other crimes in this foreclosure. I may submit those separately. But
I may not, if the enclosed evidence and accusations are sufficient to arrest and convict Judge
Craggs and Mr. Wilson. The Bar and the Bench have worked since 2013 to confuse just about
every issue in this case. I do not want to confuse this case further and thereby undermine any
prosecutable crime(s) against Judge Craggs and Mr. Wilson. Thank you.
Sincerely,
·U~r---
eil J. Gil spie
8 92 SW 15th Loop
Ocala, Florida 34481
[email protected]
352-854-7807
Enclosures
5
OFFICE OF DAVID R. ELLSPERMANN
MARION COUNTY CLERK'S OFFICE
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
WSO
20120608-197
1,- CA - 115- S 2
ADMIlTED INTO EVIDENQ: AS:
PETITIONER'S EXHIBIT ~
RESPONDENT'S EXHIBI~T----
JUDGE MfN MELIND GGS OEM
7196 9006 9296 0216 1259
June 8, 2012
Penelope Gillespie
OCALA, FL 34481
Reverse Mortgage Solutions~ Inc.~ (herein as fiRMS") is currently servicing your mortgage loan that is secured by the above
referenced property. You are hereby formally notified that the mortgage loan associated with the referenced Deed of
TrustJMortgage is in default because of the death of the primary mortgagor and the loan must be paid in full.
To cure this default, you must forward funds in the amount of $108,056.19 consisting of the principal due, plus all interest
and fees through July 8,2012.
It is possible that after payment of the amounts detailed above there ma.y be other fees still due and owing, including
but not limited to other fees, escrow advances or corporate advances that RMS paid on your behalf or advanced to
your account.
This letter is a formal demand to pay $108~056.19. If the default is not paid in full by July 8,2012, RMS will take steps to
terminate your ownership in the property by a foreclosure proceeding or other action to seize the property.
IF YOU ARE UNABlE TO PAY YOUR ACCOUNT IN FULL, RMS offers consumer assistance programs designed to help
resolve delinquencies and avoid FORECLOSURE. These services are provided without cost to our customers. You may be
eligible for a loan workout plan or other similar alternatives. If you would like to learn more about these programs, you may
contact the Loss Mitigation Department at (866) 503-5559, between the hours of 8:30 AM and 5:00 PM CST. WE ARE
VERY INTERESTED IN ASSISTING YOU.
The default above can be cured by payment of the total payoff amount plus any additional fees that become due by July 8,
2012. Note that additional charges~ costs and fees Dlay become due during the period between today'" s date and the date the
aforementioned payments are received. Please contact our Collection Department at (866) 503-5559 to obtain updated
payoff information.
Please include your loan number and property address with your payment and send to:
Spring, TX 77373
562439 12-02121-1
~ Page 1 of2
~
If you wish to dispute the delinquency, or if you dispute the calculation of amount of the delinquency and reinstatement
amount, you may contact us by calling (866) 503-5559.
You have the right to bring a court action to assert the non-existence of a default or any other defense to acceleration or
foreclosure sale. Failure to respond to this letter may result in the loss of your property. To the extent your obligation has
been discharged or is subject to the automatic stay in a bankruptcy case, this notice is for informational purposes only and
does not constitute a demand for payment or an attempt to collect a debt as your personal obligation. If you are represented
by an attorney, please provide us \\'ith the attorney"'s name, address and telephone number.
Attention Service members and dependents: The Federal Service Members' Civil Relief Act ("SCRA") and certain state
laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently
in the military service, or have been within the last nine (9) months, AND joined after signing the Note and Security
Instrument now in default, please notify RMS immediately. When contacting RMS as to your military service, you must
provide positive proof as to your nlilitary status. If you do not provide this information, it will be assumed that you are not
entitled to protection under the above-mentioned Act.
If you are experiencing financial difficulty, you should know that there are several options available to you that may help
you keep your home. You may contact HUD Government Counseling which provides free or low-cost housing counseling.
You should consider contacting one of these agencies immediately. These agencies specialize in helping homeowners who
are facing financial difficulty. Housing counselors can help you assess your financial condition and work with us to explore
the possibility of modifying your loan, establishing an easier payment plan for you, or even working out a period of loan
forbearance. For your benefit and assistance, there are governnlent approved homeownership counseling agencies designed
to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call (800) 569-4287
or visit htm://www.hud.gov/officeslhsg/stblhcclhcs.cfnl.
NO PERSON IN THIS OFFlCE W~L ONE YOU ANY LEGAL ADVICE. If, at any time, you make a written request to
us not to be contacted by phone at your place of employment, we will not do so. If, at any time, you make a written request
to us not to contact you, we will not do so, except to send statutorily and/or contractually required legal notice.
You may be eligible for assistance from the Homeownership Preservation Foundation or other foreclosure counseling a. You
may call the following toll-free number to request assistance fronl the Homeownership Preservation Foundation: (888) 995
HOPE (4637). If you wish, you may also contact us directly at (866) 503-5559 and ask to discuss possible options.
Sincerely,
FEDERAL LAW REQUIRES US TO ADVISE YOU THAT REVERSE MORTGAGE SOLUTIONS, lNe, IS A DEBT
COLLECTOR AND THAT THIS IS AN ATTEMPT TO COLLEcr A DEBT. ANY INFORMATION OBTAINED MAY BE
USED FOR THAT PURPOSE. TO THE EXTENT YOUR OBl.lGATION HAS BEEN DISCHARGED OR IS SUBJECT
PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAY~NT OR AN ATTEw>T TO COlLECT
562439 12-02121-1
Page 2 of2
Filing # 116888355 E-Filed 11/18/2020 01:47:43 PM
NEIL J. GILLESPIE,
Defendants,
_________________________________/
indigent / insolvent nonlawyer appearing pro se, 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 (Fla. Stat. 415.102(28)), in the first person, hereby
files his Second Notice Pursuant to F.S. § 768.28 Waiver of Immunity, and states:
1. I hereby give Second Notice in this action under Section 768.28, Florida Statutes,
Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees;
(1) In accordance with s. 13, Art. X of the State Constitution, the state, for itself and
for its agencies or subdivisions, hereby waives sovereign immunity for liability for
torts, but only to the extent specified in this act. Actions at law against the state or
any of its agencies or subdivisions to recover damages in tort for money damages
against the state or its agencies or subdivisions for injury or loss of property, personal
injury, or death caused by the negligent or wrongful act or omission of any employee
of the agency or subdivision while acting within the scope of the employee’s office or
employment under circumstances in which the state or such agency or subdivision, if
a private person, would be liable to the claimant, in accordance with the general laws
of this state, may be prosecuted subject to the limitations specified in this act. Any
such action may be brought in the county where the property in litigation is located
or, if the affected agency or subdivision has an office in such county for the
transaction of its customary business, where the cause of action accrued. However,
any such action against a state university board of trustees shall be brought in the
county in which that university’s main campus is located or in the county in which
the cause of action accrued if the university maintains therein a substantial presence
for the transaction of its customary business.
Marc L. Stemle
Bureau Chief of Liability and Property Claims
Division of Risk Management
200 E. Gaines Street
Tallahassee, Florida 32399-0338
(850) 413-4850
[email protected]
3. As a proximate cause of the state’s negligence, I was diagnosed October 22, 2020
with detached retina that needs immediate surgery. I am now partially blind. The proximate
“In some cases, a detached retina can lead to a permanent loss of vision. The study
suggests that heavy lifting increases pressure in the eye, which can cause retinal cells
to be torn from their capillary bed.”
https://blogs.lawyers.com/attorney/workers-compensation/can-heavy-lifting-result-in-a-detached-retina-64195/
The only heavy lifting I have done recently was to lift and move heavy boxes of property
abandoned by the Defendant Sarah May Thompson at my home. Thompson later abandoned
property at storage unit #C0195 at US Storage Centers Ocala. I lifted and moved heavy
2
SECOND NOTICE PURSUANT TO F.S. § 768.28 WAIVER OF IMMUNITY
home temporarily. Then I lifted and moved heavy boxes of property abandoned by Defendant
Thompson, now my property, to my storage unit #374 Compass Self Storage Ocala.1
6. Judge Hodges has presided over case 20-CA-934 since I commenced the action on or
about June 7, 2020. As presiding judge, Judge Hodges has failed to rule, or make timely rulings
shown below. Instead, Judge Hodges entered the following “Order” on October 27, 2020:
• 1
As a proximate cause of the state’s negligence June 7, 2020, I was prevented from
removing Defendant Thompson’s property from my home as previously agreed to with
her. Ms. Thompson is a vagrant who voluntarily vacated my home on May 16, 2020.
• As a proximate cause of the state’s negligence June 7, 2020, I suffered unspecified
fracture of fifth metacarpal bone, right hand, while defending myself against a home
invasion (812.135) by Ms. Thompson. Thompson smashed windows in my home and
trashed my home. Ms. Thompson and/or members of the MCSO stole my laptop
computer with backpack on June 7, 2020 and other property I owned.
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SECOND NOTICE PURSUANT TO F.S. § 768.28 WAIVER OF IMMUNITY
The Order shows Judge Hodges appears confused unless this Order is a deliberate effort to
misstate the record with malice aforethought and harm certain parties. The nexus of Judge
"Therefore, the Plaintiff’s motion, which was predicated on the injunction, is now
moot."
In response to the Court, my emergency motion was not predicated on the injunction, whatever
that is supposed to mean. My emergency motion was in response to a first appearance order of
Judge Ann Craggs on June 14, 2020 in case no. 2020-CF-2417 of no contact with Ms.
Thompson. Judge Hodges failed to timely rule, or rule at all, upon the following pleadings:
7. Because Judge Hodges failed to rule on the Emergency Motion For An Order To Provide
Sarah May Thompson Her Belongings, I made an agreement with State Attorney Brad King, see
Notice: Property In Storage For Defendant Thompson. Mr. King personally emailed me:
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SECOND NOTICE PURSUANT TO F.S. § 768.28 WAIVER OF IMMUNITY
Mr. Gillespie,
While this is unorthodox, on behalf of the victim, we will accept the package and deliver
it to her.
Brad King
State Attorney
Fifth Judicial Circuit
110 NW 1st Ave. Suite 5000
Ocala, Florida 34475
352-671-5914
[email protected]
Brad King
State Attorney
Fifth Judicial Circuit
110 NW 1st Ave. Suite 5000
Ocala, Florida 34475
352-671-5914
[email protected]
Mr. King,
Thank you again for your assistance with this matter. Please find attached additional
correspondence shipped today to your office.
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SECOND NOTICE PURSUANT TO F.S. § 768.28 WAIVER OF IMMUNITY
(812.135) against me, aided and abetted by the Marion County Sheriff’s Office, and
Judge Craggs’ aid as an accessory after the fact. (777.03(1)(a)).
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: [email protected]
9. Contrary to the Court’s Order, the State Attorney’s Office let the lease on the storage unit
#C0195 at US Storage Centers Ocala expire before Ms. Thompson retrieved her belongings. I
alerted the SAO as the lease on the unit was about to expire that Thompson did not remove her
property, but got no response from the SAO. I informed the SAO that Thompson may have
added new items, and may have been living in the unit, but again, no response from the SAO. I
also offered to transfer the unit to the SAO but got no response. After the lease expired the unit
could not be opened without payment of fees. In my view Ms. Thompson had abandoned her
property, to which the SAO did not object or reply to my assertion / determination. The local
Properties, Inc. Irvine, CA, owners of US Storage Centers, and got possession of Thompson’s
abandoned property, now my property, which I removed to my home briefly, then to Compass
Self Storage center near my home. Still, silence from the SAO.
10. On November 10, 2020 at approximately 6:00 PM, while I was at Ocala Pharmacy on
SW S.R. 200 picking up several items, I returned to my vehicle to find Ms. Thompson sitting on
the ground by the front bumper. Thompson said she is homeless and living across the street from
Oak Run, in an area where new stores are being built. I live in Oak Run, a 55+ community.
Thompson said she was in jail and could not get her property [on or about July 31, 2020]. I am
not aware of Thompson being incarcerated at that time, but it may explain why the SAO did not
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SECOND NOTICE PURSUANT TO F.S. § 768.28 WAIVER OF IMMUNITY
respond. I know Thompson was arrested August 31, 2020 in Sumter County. Thompson said she
planned to come to my house and request living space, but found me at the pharmacy instead. On
November 12, 2020 I provided a letter to Randal Friesner, Compass Self Storage, Ocala. I signed
paperwork to transfer the unit to Thompson and left it with Mr. Friesner for Thompson to sign.
11. On November 18, 2020 I got an angry email from Randal Friesner, Compass Self Storage
with a signed copy of the paperwork to transfer the unit to Thompson. Friesner made false
accusations and threats of trespass against me, suggesting involvement by the SAO/MCSO.
12. Florida Rules of Judicial Administration, Rule 2.545. Case Management, states:
(a) Purpose. Judges and lawyers have a professional obligation to conclude litigation as
soon as it is reasonably and justly possible to do so. However, parties and counsel shall
be afforded a reasonable time to prepare and present their case.
The behavior of Judge Hodges violates both the letter and spirit of Rule 2.545. This case must be
transferred to another forum for honest and fair adjudication. (Fla. Civ. Rule 1.061)
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: [email protected]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served on the
Florida Portal November 18, 2020 to the following names:
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SECOND NOTICE PURSUANT TO F.S. § 768.28 WAIVER OF IMMUNITY
Neil J. Gillespie
8092 SW 115th Loop Tel. 352-854-7807
Ocala, Florida 34481 Email: [email protected]