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THIS IS NOT A COMMERCIAL FORCLOSURE
IN THE CIRCUIT COUFIFTH JUDICIAL CIRIN AND FOR MARION
REVERSE MORTGAGE SOLUTIONS, INC.,CASE NO.: 2013-CA-0
Plaintiff, 42-2013-CA-000115-A
vs. Residential Home ForecHECM Reverse Mortga
NEIL J. GILLESPIE AND MARK GILLESPIE Florida Homestead of NAS CO-TRUSTEES OF THE GILLESPIEFAMILY LIVING TRUST AGREEMENTDATED FEBRUARY 10, 1997, ET AL.
Defendants.
________________________________________/
DEFENDANT GILLESPIE’S RULE 1.150 MOTION TO STRIKE SHAM PLE November 10, 2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney CFla. Stat. section 777.04 Attempts, solicitation, and conspiracy
Defendant pro se Neil J. Gillespie, henceforth in the first person, a disabled,
indigent/insolvent non-lawyer, unable to obtain adequate counsel, a vulnerable adul
consumer of legal and court services affecting interstate commerce, states as follow
1. On November 9, 2015 the Marion County Clerk’s public online docket in th
captioned case shows “Default Entered” at document no. 228, 3 pages. (Exhibit 1)
2. The document appearing November 9, 2015 as document no. 228 at the “De
Entered” location described in paragraph 1 appears at Exhibit 2, but does not show a
Filing # 34264753 E-Filed 11/10/2015 10:26:06 AM
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DEFENDANT GILLESPIE’S RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS November-10-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX
“Default Not Entered Against Elizabeth Bauerle [By] Motion Filed W/The C
10/28/15 - you may Request A “Judicial” Default” followed by “NH” with aaround, and 11.9.15 below
3. Attorney Curtis Wilson is also known as Curtis Wilson, Esq., and is also kno
Alan Wilson, Fla. Bar No. 77669, of McCalla Raymer, LLC, and perhaps other nam
Florida Bar attorney directory page for Curtis Alan Wilson, Fla. Bar No. 77669. (Ex
4. The foregoing is evidence of a criminal conspiracy between Judge Hale Stan
David R. Ellspermann and attorney Curtis Wilson a/k/a/ Curtis Alan Wilson, agains
777, Florida Statutes, and section 777.04 Attempts, solicitation, and conspiracy.
5. On November 6, 2015 document no. 225 appeared as a 2 page “locked” eFil
on the Marion County Clerk’s public online docket. (Exhibit 4).
6. On November 9, 2015 document no. 225 was not “locked” and shows “AFF
CONSTRUCTIVE SERVICE FL BAR NO. 77669” (Unofficial Document, Exhibit
Wilson, Esq. (but signed Curtis Wilson Nov-03-2015) also known as Curtis Alan W
Bar No. 77669. The Unofficial Document, AFFIDAVIT OF CONSTRUCTIVE SER
BAR NO. 77669, (Exhibit 5) states in relevant part:
Before me, the undersigned authority, personally appeared, Curtis Wilson, E being duly sworn, deposes and says:
1. Affiant is the attorney for the Plaintiff in this action. He has retainedof Provest, LLC to make diligent search and inquiry to discover the name anof UNKNOWN SETTLORS BENEFICIARIES OF THE GILLESPIE FAMLIVING TRUST AGREEMENT DATED FEBRUARY 4, 1997, Defendant
ti d th t f th i thi t t t ti l l i i ti t
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DEFENDANT GILLESPIE’S RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS November-10-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX
7. DEFENDANTS’ ANSWER TO VERIFIED COMPLAINT TO FORECLOS
EQUITY CONVERSION MORTGAGE (HECM); DEFENSES AND CLAIMS IN
RECOUPMENT; OTHER DEFENSES; COUNTER-CLAIMS; AND CROSS-CLA
# 23275828 E-Filed 02/03/2015 01:25:45 AM, appears as Exhibit 8, a separate 32 p
and negates the preceding AFFIDAVIT OF CONSTRUCTIVE SERVICE FL BAR
8. The foregoing is a continuation of the criminal conspiracy of Judge Hale Sta
David R. Ellspermann, and attorney Curtis Wilson, a/k/a Curtis Alan Wilson, see
DEFENDANT GILLESPIE’S RULE 1.150 MOTION TO STRIKE SHAM PLE
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney C
RULE 1.150. SHAM PLEADINGS
9. The “Default Entered” at document no. 228, 3 pages (Exhibit 1) is a sham pl
must be stricken pursuant to Rule 1.150(a) Fla.R.Civ.P. The document appearing N
2015 as document no. 228 at the “Default Entered” location does not show a default
Instead, there is a hand-written message in the signature block for the Clerk of the C
of the document, which is “MOTION TO DEFAULT” dated November 3, 2015 and
Curtis Wilson, a/k/a Curtis Alan Wilson (Fla. Bar No. 77669) of McCalla Raymer, L
33997561 E-Filed 11/03/2015 at 12:50:25 PM. The hand-written message states:
“Default Not Entered Against Elizabeth Bauerle [By] Motion Filed W/The C10/28/15 - you may Request A “Judicial” Default” followed by “NH” with a
around, and 11.9.15 below
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DEFENDANT GILLESPIE’S RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS November-10-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX
(a) Motion to Strike. If a party deems any pleading or part thereof filed by to be a sham, that party may move to strike the pleading or part thereof befois set for trial and the court shall hear the motion, taking evidence of the resp parties, and if the motion is sustained, the pleading to which the motion is di be stricken. Default and summary judgment on the merits may be entered indiscretion of the court or the court may permit additional pleadings to be filecause shown.
(b) Contents of Motion. The motion to strike shall be verified and shall set the facts on which the movant relies and may be supported by affidavit. No tthe motion shall be required.
THIS IS NOT A COMMERCIAL FORCLOSURE
10. The Civil Cover Sheet Form 1.997 in this case appears at Exhibit 6 and was
Danielle N. Parsons, Fla. Bar # 0029364 of McCalla Raymer LLC. The Clerk’s stam
January 9, 2013 at 12.45 PM.
11. Counsel Parsons wrongly filed this action as a “Commercial foreclosure $5
$249,999” shown on Form 1.997 CIVIL COVER SHEET, II. TYPE OF CASE, atta
Verified Complaint, and signed by Plaintiff’s counsel Danielle Parsons, who represe
“I CERTIFY that the information I have provided in this cover sheet is accu best of my knowledge and belief”.
Counsel’s certification is a false official statement. This is a residential foreclosure.
12. Section 837.06, Florida Statutes, governs False official statements.
837.06 False official statements.—Whoever knowingly makes a false statemwriting with the intent to mislead a public servant in the performance of his duty shall be guilty of a misdemeanor of the second degree, punishable as pr775 082 775 083
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DEFENDANT GILLESPIE’S RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS November-10-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX
CERTIFY that the information I have provided in this cover sheet is accurate to the
knowledge and belief”. Counsel’s certification is false. This properly is the homeste
Gillespie under Section 4, Article X of the Florida Constitution. This action is a “Ho
residential foreclosure $50,001 -$249,999”. Oak Run is a residential 55+ communit
commercial activity is permitted. The HECM reverse mortgage was made on the res
property. It appears counsel’s false declaration was intended to deceive the Clerk an
that this is a commercial foreclosure, in violation of F.S. § 837.06, False official sta
14. Clerk Ellspermann filed my residential foreclosure as a commercial foreclos
failed to take corrective action when notified that the civil cover sheet (form 1.997)
See, AFFIDAVIT OF NEIL J. GILLESPIE OF RESIDENTIAL HOMESTEAD, TH
A COMMERCIAL FORCLOSURE, Filing # 23497600 E-Filed 02/07/2015 11:56:0
15. On December 24, 2014 I notified Gregory C. Harrell, General Counsel to D
Ellspermann, Marion County Clerk of Court & Comptroller (Exhibit 7),
RE: Clerk’s duty and the civil cover sheet (form 1.997), Rule 1.100(c)(2).Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et al., Case No. 13-11
Dear Mr. Harrell:
You emailed me December 09, 2014 at 4:59 PM about the civil cover sheet -The case was designated as a commercial foreclosure by plaintiff's counsel cover sheet that the plaintiff is responsible for preparing and filing at the outcase. You will need to take the matter up with the court and/or the plaintiff hdeem appropriate if you dispute the plaintiff's characterization of the case, ashas no say in that.
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DEFENDANT GILLESPIE’S RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS November-10-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX
sheet is not filed, the clerk shall accept the complaint or petition for filing; b
proceedings in the action shall be abated until a properly executed cover shecompleted and filed. The clerk shall complete the civil cover sheet for a part pro se.
Currently the civil cover sheet (form 1.997) is not “properly executed” as cofiled. The Clerk has a ministerial duty under Rule 1.100(c)(2), “...all proceedaction shall be abated until a properly executed cover sheet is completed and
When can I expect the Clerk to fulfill its ministerial duties under Rule 1.100
16. Clerk Ellspermann violated the Clerk's Duties & Responsibilities found on i
http://www.marioncountyclerk.org/index.cfm?Pg=clerksdutiesresponsibiliti
The Clerk of Court, as an officer of the Marion County Court system, is resp
maintaining court records with the utmost care and security. These court reccriminal felony and misdemeanor cases, civil, family, probate and small clai proceedings, juvenile cases, and traffic citations.
Clerk Ellspermann failed in maintaining court records with the utmost care and secu
SANCTIONS: DISMISS THE FORECLOSURE WITH PREJUDICE
17. The Court has the inherent power to sanction perjury, misconduct and other
Plaintiff. A plain reading of section 57.105(1) Florida Statutes shows sanctions may
“upon the court’s initiative”.
18. I respectfully request the Court on its own initiative to DISMISS WITH PR
the Plaintiff’s VERIFIED COMPLAINT TO FORECLOSE HOME EQUITY CON
MORTGAGE as a sanction imposed for perjury by Counsel Danielle N. Parsons, Es
Prior Counsel Danielle N. Parsons, Esq. - Officer of the CourtC t C l C ti Wil Offi f th C t
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DEFENDANT GILLESPIE’S RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS November-10-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX
justice, and, as such, his conduct is subject to judicial supervision and scruti
rel. Florida Bar v. Evans, 94 So.2d 730 (1957).
20. As attorneys, Parsons and Wilson must comply with the Rules of Profession
including candor before the tribunal, as described in the Florida Bar Informational P
Candor Before The Tribunal. “The lawyer's duty not to assist witnesses, including th
own client, in offering false evidence stems from the Rules of Professional Conduct
statutes, and caselaw.”
Rule 4-1.2(d) prohibits the lawyer from assisting a client in conduct that the knows or reasonably should know is criminal or fraudulent.
Rule 4-3.4(b) prohibits a lawyer from fabricating evidence or assisting a witfalsely.
Rule 4-8.4(a) prohibits the lawyer from violating the Rules of Professional Cknowingly assisting another to do so.
Rule 4-8.4(b) prohibits a lawyer from committing a criminal act that reflectsthe lawyer's honesty, trustworthiness, or fitness as a lawyer.
Rule 4-8.4(c) prohibits a lawyer from engaging in conduct involving dishone
deceit, or misrepresentation.
Rule 4-8.4(d) prohibits a lawyer from engaging in conduct that is prejudicialadministration of justice.
Rule 4-1.6(b) requires a lawyer to reveal information to the extent the lawye believes necessary to prevent a client from committing a crime.
This rule, 4-3.3(a)(2), requires a lawyer to reveal a material fact to the tribundisclosure is necessary to avoid assisting a criminal or fraudulent act by the 3.3(a)(4) prohibits a lawyer from offering false evidence and requires the law
bl di l h f l t i l id h b ff d
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DEFENDANT GILLESPIE’S RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS November-10-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX
21. Florida caselaw prohibits lawyers from presenting false testimony or eviden
Williams, 30 So. 2d 284 (Fla. 1947), states that perpetration of a fraud is outside the
professional duty of an attorney and no privilege attaches to communication betwee
and a client with respect to transactions constituting the making of a false claim or t
perpetration of a fraud. Dodd v. The Florida Bar, 118 So. 2d 17 (Fla. 1960), remind
courts are . . . dependent on members of the bar to . . . present the true facts of each
enable the judge or the jury to [decide the facts] to which the law may be applied. W
attorney . . . allows false testimony . . . [the attorney] . . . makes it impossible for the
justice] to balance." See The Fla. Bar v. Agar, 394 So. 2d 405 (Fla. 1981), and The
Simons, 391 So. 2d 684 (Fla. 1980). To permit or assist a client or other witness to t
is prohibited by F.S. § 837.02 which makes perjury in an official proceeding a felon
F.S. § 777.011 which proscribes aiding, abetting, or counseling commission of a fel
22. Oath of Admission to The Florida Bar. The general principles which should
the lawyer in the practice of the legal profession are clearly set forth in the followin
admission to the Bar, which the lawyer is sworn on admission to obey and for the w
violation to which disbarment may be had.
"I do solemnly swear:
"I will support the Constitution of the United States and the Constitution of tFlorida;
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DEFENDANT GILLESPIE’S RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS November-10-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX
"I will employ for the purpose of maintaining the causes confided to me suc
as are consistent with truth and honor, and will never seek to mislead the judany artifice or false statement of fact or law;
"I will maintain the confidence and preserve inviolate the secrets of my clienaccept no compensation in connection with their business except from them knowledge and approval;
"To opposing parties and their counsel, I pledge fairness, integrity, and civiliin court, but also in all written and oral communications;
"I will abstain from all offensive personality and advance no fact prejudicialor reputation of a party or witness, unless required by the justice of the causeI am charged;
"I will never reject, from any consideration personal to myself, the cause of t
defenseless or oppressed, or delay anyone's cause for lucre or malice. So hel
23. Creed Of Professionalism
I revere the law, the judicial system, and the legal profession and will at all t professional and private lives uphold the dignity and esteem of each.
I will further my profession's devotion to public service and to the public go
I will strictly adhere to the spirit as well as the letter of my profession's code
the extent that the law permits and will at all times be guided by a fundamenhonor, integrity, and fair play.
I will not knowingly misstate, distort, or improperly exaggerate any fact or owill not improperly permit my silence or inaction to mislead anyone.
I will conduct myself to assure the just, speedy and inexpensive determinatioaction and resolution of every controversy.
I will abstain from all rude, disruptive, disrespectful, and abusive behavior atimes act with dignity, decency, and courtesy.
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DEFENDANT GILLESPIE’S RULE 1.150 MOTION TO STRIKE SHAM PLEADINGS November-10-2015
Notice of Criminal Conspiracy: Judge Stancil, Clerk Ellspermann and attorney Curtis Wilson
CASE NO.: 2013-CA-000115, 42-2013-CA-000115-AXXX-XX
My word is my bond.
WHEREFORE, the Court has the inherent power to sanction perjury, miscon
other fraud by the Plaintiff. A plain reading of section 57.105(1) Florida Statutes sho
sanctions may be awarded “upon the court’s initiative”.
I respectfully move the Court on its own initiative to DISMISS WITH PREJ
the Plaintiff’s VERIFIED COMPLAINT TO FORECLOSE HOME EQUITY CON
MORTGAGE as a sanction imposed for perjury by Counsel Danielle N. Parsons, Es
continued by Curtis Alan Wilson.
VERIFICATION OF NEIL J. GILLESPIE
Under penalty of perjury, I declare that I have read the foregoing, and the fa
therein are true and correct to the best of my knowledge and belief.
RESPECTFULLY SUBMITTED November 10, 2015.
Neil J. Gillespie8092 SW 115th LoopOcala, Florida 34481Phone: 352-854-7807
Email: [email protected]
Certificate of Service I hereby certify that today November 10, 2015 I serveforgoing to the following names on the Florida E-filing Portal.
Curtis Wilson a/k/a Curtis Alan Wilson
https://www.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=CyTsX_QZPFTZAwa
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NewCase Information
422013CA000115CAA 01/09/2013 MARION Circuit Civil 37-D O
STANCIL, HALE R JUDGE
REVERSE
MORTGAGE
SOLUTIONS INC
PLAINTIFFWILSON, CURTIS
ALAN77669
GILLESPIE, NEIL J DEFENDANT
OAK RUN
HOMEOWNERS
ASSOCIATION
DEFENDANT
UNITED STATES
OF AMERICADEFENDANT
BAUERLE,
ELIZABETH
DEFENDANT
GILLESPIE, MARK DEFENDANT CAPARAS, TIFFANY 89863
GILLESPIE, NEIL J DEFENDANT
DEVELOPMENT &
CONSTRUCTION
COR
DEFENDANT
GILLESPIE, JOETTA DEFENDANT
https://www.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=CyTsX_QZPFTZAwa
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223 11/03/2015 AFFIDAVIT OF CONSTRUCTIVE SERVICE
218 06/18/2015 NOTICE OF FILING APPEAL TO FLORIDA SUPREME
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https://www.floridabar.org/wps/portal/flbar/home/attysearch/mprofile/!ut/p/a1/jc_LDoIwEAXQT-pthRaWo6mkRazx
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Ethics Rules
Search The Florida Bar
THE FLORIDA BAR / Find A Lawyer / Profile
Member in Good Standing Eligible to Pra
Bar Number:Mail Add ress:
Email:
Personal Bar URL:
vCard:
County:
Circuit:
Admit ted:
Young Lawyers
Division:
10-Year Disc ipline
History:
Law School:
Firm:
Firm Size:
Firm Position:
Firm Website:
Curtis Alan Wilson
77669225 E Robinson St Ste 660
Orlando, FL 32801-4321
United States
Office: 407-674-1850 x2915
www.floridabar.org/mybarprofile/77669
Orange
9
04/20/2010
Member
None
Florida Coastal School of Law, 2009
Sections: Young Lawyers
Federal Courts: U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court, Middle District of Florida
U.S. District Court, Northern District of Florida
McCalla Raymer, LLC.
51 to 100
Associate
www.McCallaRaymer.com
The Find a Lawyer directory is provided as a public serv ice. The Florida Bar maintains limited basic information about attorneys licensed to practice in the state (e
birth, gender, law schools attended, admission year). However, through this directory The Florida Bar allows individual attorneys the opportunity to pr ovide for pu
ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES LOG IN
https://www.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=CyTsX_QZPFTZAwa
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NewCase Information
422013CA000115CAA 01/09/2013 MARION Circuit Civil 37-D O
STANCIL, HALE R JUDGE
REVERSEMORTGAGE
SOLUTIONS INC
PLAINTIFFWILSON, CURTIS
ALAN77669
GILLESPIE, NEIL J DEFENDANT
OAK RUN
HOMEOWNERS
ASSOCIATION
DEFENDANT
UNITED STATESOF AMERICA DEFENDANT
BAUERLE,
ELIZABETHDEFENDANT
GILLESPIE, MARK DEFENDANT CAPARAS, TIFFANY 89863
GILLESPIE, NEIL J DEFENDANT
DEVELOPMENT &
CONSTRUCTIONCOR DEFENDANT
GILLESPIE, JOETTA DEFENDANT
https://www.civitekflorida.com/ocrs/app/caseinformation.xhtml?query=CyTsX_QZPFTZAwa
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223 11/03/2015 AFFIDAVIT OF CONSTRUCTIVE SERVICE
218 06/18/2015 NOTICE OF FILING APPEAL TO FLORIDA SUPREME
216 06/17/2015 NOTICE OF FILING CORRECTED ORIGINAL TRANS217 06/17/2015 TRANSCRIPT CONT - SEE DOC
215 06/16/2015 NOTICE OF FILING CORRECTED ORIGINAL TRANS
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Form1.997CIVIL COVER SHEET
The civilcoversheetand theinformationcontainedhereinneitherreplacenorsupplementthe filingand servi
papers
as
required
by
law. Thisform s h ~ l I ~ b e . f i ~ d by the plaintifforpetitioner for theuse of theClerkof theC
reportingjudicialworkloaddata pursuani··t
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II. TYPE OF
C SE
(If the case
fits
more
than
one type
of
case, select the most definitive
descriptive label is a subcategory (is indented under
8
broader category
the main ~ t g o r y and subcategory boxes.
. 0... .
\
Condominium
Homestead residential foreclosure $0
Discrimination - employment
or
other Securities litigation
Insurance claims
Trade secrets
Intel1ectual property
Trust litigation
III. REMEDIES SOUGHT (check
all
that apply):
X monetary;
nonmonetary declaratory
or
injunctive relief;
punitive
IV
NUMBER OF CAUSES OF ACTION
[
(specify)
IS
THIS
CASE A
CL SS
CTION
LAWSUIT?
yes
X
no
VI HAS
NOTICE
OF ANY KNOWN RELATED CASES BEEN
FILED?
X no
yes
If
"yes," list all related cases by name, case number,
and court.
VII.
IS
JURY TRIAL DEMANDED IN COMPLAINT?
yes
X no
Signatu
d
in
this cover sheet is accurate to the best of
my
knowledge and
la.
Bar# 0029364
Attorney or party
(Bar
#
if
attorney)
Danielle N. Parsons
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VIA Email [email protected] Decembe
Gregory C. Harrell
General Counsel to David R. EllspermannMarion County Clerk of Court & Comptroller
Ocala, Florida 34475
RE: Clerk’s duty and the civil cover sheet (form 1.997), Rule 1.100(c)(2).
Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et al., Case No. 13-11
Dear Mr. Harrell:
You emailed me December 09, 2014 at 4:59 PM about the civil cover sheet (form 1
-The case was designated as a commercial foreclosure by plaintiff's counsel
cover sheet that the plaintiff is responsible for preparing and filing at the out
case. You will need to take the matter up with the court and/or the plaintiff h
deem appropriate if you dispute the plaintiff's characterization of the case, as
has no say in that.
Mr. Harrell, under Rule 1.100(c)(2) “...all proceedings in the action shall be abated
properly executed cover sheet is completed and filed...”. This is the Clerk’s duty, se
Rule 1.100(c)(2) Pleadings and Motions.
(2) A civil cover sheet (form 1.997) shall be completed and filed with the cl
time an initial complaint or petition is filed by the party initiating the action.
sheet is not filed, the clerk shall accept the complaint or petition for filing; b
proceedings in the action shall be abated until a properly executed cover she
completed and filed. The clerk shall complete the civil cover sheet for a part
pro se.
Currently the civil cover sheet (form 1.997) is not “properly executed” as completed
The Clerk has a ministerial duty under Rule 1.100(c)(2), “...all proceedings in the ac
abated until a properly executed cover sheet is completed and filed.”.
When can I expect the Clerk to fulfill its ministerial duties under Rule 1.100(c)(2)?
Sincerely,
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RULE 1.100 FLORIDA RULES OF CIVIL PROCEDURE
such; an answer to a crossclaim if the answer containsa crossclaim; a third-party complaint if a person who
was not an original party is summoned as a third-party
defendant; and a third-party answer if a third-party
complaint is served. If an answer or third-party an-
swer contains an afrmative defense and the opposing
party seeks to avoid it, the opposing party shall le
a reply containing the avoidance. No other pleadings
shall be allowed.
(b) Motions. An application to the court for an or-
der shall be by motion which shall be made in writing
unless made during a hearing or trial, shall state with
particularity the grounds therefor, and shall set forth
the relief or order sought. The requirement of writing
is fullled if the motion is stated in a written notice of
the hearing of the motion. All notices of hearing shall
specify each motion or other matter to be heard.
(c) Caption.
(1) Every pleading, motion, order, judgment, or
other paper shall have a caption containing the name
of the court, the le number, the name of the rst party
on each side with an appropriate indication of other
parties, and a designation identifying the party ling
it and its nature or the nature of the order, as the case
may be. All papers led in the action shall be styled insuch a manner as to indicate clearly the subject mat-
ter of the paper and the party requesting or obtaining
relief.1
(2) A civil cover sheet (form 1.997) shall be com-
pleted and led with the clerk at the time an initial
complaint or petition is led by the party initiating the
action. If the cover sheet is not led, the clerk shall
accept the complaint or petition for ling; but all pro -ceedings in the action shall be abated until a properly
executed cover sheet is completed and led. The clerk
shall complete the civil cover sheet for a party appear-
ing pro se.
(3) A nal disposition form (form 1 998) shall be
The clerk shall complete the nal dispoa party appearing pro se, or when the
missed by court order for lack of prosec
to rule 1.420(e).
(d) Motion in Lieu of Scire Facia
available by scire facias may be grant
after notice without the issuance of a
facias.
1.E.g., “Order Denying Plaintiff’s Motion for
ment,” “Defendant’s Motion to Compel,” “Orde
dant’s Motion to Dismiss,” “Final Judgment for P
Committee Notes
1971 Amendment. The change requires a mor
nation of the document that is led so that it may
identied. It also species the applicability of the
of the various documents that can be led. For exa
dismiss should now be entitled “defendant’s mot
complaint” rather than merely “motion” or “moti
1972 Amendment. Subdivision (a) is amende
mandatory when a party seeks to avoid an afrm
an answer or third-party answer. It is intended to
the problems exemplied by Tuggle v. Maddox, 6
1952), and Dickerson v. Orange State Oil Co., 12
2d DCA 1960).
1992 Amendment. Subdivision (b) is amendnotices of hearing to specify the motions or ot
heard.
RULE 1.110. GENERAL RULES O
PLEADING
(a) Forms of Pleadings. Forms of ac
nical forms for seeking relief and of ple
or motions are abolished.
(b) Claims for Relief. A pleading w
a claim for relief, whether an original c
claim, crossclaim, or third-party claim
cause of action and shall contain (1) a s
Filing # 23275828 E-Filed 02/03/2015 01:25:45 AM
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THIS IS NOT A COMMERCIAL FORCLOSURE IN THE CIRCUIT COU
FIFTH JUDICIAL CIR
IN AND FOR MARIONREVERSE MORTGAGE SOLUTIONS, INC.,
CASE NO.: 2013-CA-0
Plaintiff, 42-2013-CA-000115-A
vs. Residential Home For
Florida Homestead of N
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIEFAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.
Defendants.
________________________________________/
DEFENDANTS’ ANSWER TO VERIFIED COMPLAINT TO FORECLO
HOME EQUITY CONVERSION MORTGAGE (HECM); DEFENSES AND CRECOUPMENT; OTHER DEFENSES; COUNTER-CLAIMS; AND CROSS-
Defendants Neil J. Gillespie, individually, and as former Trustee (F.S. Ch. 7
of the terminated Gillespie Family Living Trust Agreement Dated February 10, 199
(“Terminated Trust”), a person with disabilities, indigent, denied counsel appointme
reluctantly appearing pro se, answers the Plaintiff’s Verified Complaint To Foreclos
Equity Conversion Mortgage (HECM) (“Verified Complaint”, “HECM”, and/or “re
mortgage”), demand trial by jury, and allege:
1. As to paragraph 1 of the Verified Complaint, Defendants deny the allegationreverse mortgage is a non-recourse loan and the lender has no further means to colle
2. As to paragraph 2 of the Verified Complaint, Defendants deny the allegatio
reverse mortgage is a non-recourse loan and the lender has no further means to colle
There nothing is attached to the Verified Complaint as Exhibits "A" and "B " respec
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DEFENDANTS’ ANSWER TO VERIFIED COMPLAINT TO FORECLOSE
HOME EQUITY CONVERSION MORTGAGE (HECM); DEFENSES AND CLAIMS IN RECOU
OTHER DEFENSES; COUNTER-CLAIMS; AND CROSS-CLAIMS
3. As to paragraph 3 of the Verified Complaint, Defendants deny the allegatio
is attached to the Verified Complaint as Composite Exhibit "C." A HECM reverse m
non-recourse loan and the lender has no further means to collect the debt.
4. As to paragraph 4 of the Verified Complaint, Defendants deny the allegation
reverse mortgage is a non-recourse loan and the lender has no further means to colle
5. As to paragraph 5 of the Verified Complaint, Defendants admit the allegatio
month the Plaintiff sends a monthly statement to Penelope Gillespie, see attached. T
sued the wrong party. A HECM foreclosure must commence within 6 months. 24 C206.125(d)(1). Bank of America gave notice October 5, 2009 the mortgage was due
The Plaintiff did not foreclose until January 9, 2013. The time has expired, even und
A HECM reverse mortgage is a non-recourse loan and the lender has no further mea
the debt.
6. As to paragraph 6 of the Verified Complaint, Defendants deny the allegation
reverse mortgage is a non-recourse loan and the lender has no further means to colle
The property is the principal residence of me, Neil J. Gillespie, my homestead propeexempt from levy and execution under Section 4, Article X of the Florida State Con
7. As to paragraph 7 of the Verified Complaint, Defendants deny the allegation
reverse mortgage is a non-recourse loan and the lender has no further means to colle
The Plaintiff filed notice of lis pendens on or about January 9, 2013. Validity of a n
pendens is one year from filing. § 48.23(2), Fla. Stat. (2013). The Plaintiff failed to
pendens and it is not valid. Pursuant to my authority as Trustee of the Trust, and act
capacity, I transferred the property to the beneficiary, myself, on January 14, 2015.
my authority as Trustee of the Trust, and acting in that capacity, I terminated the Tr
provided by Fla. Stat. § 736.0414, and Article V, the Trust.
8. As to paragraph 8 of the Verified Complaint, Defendants deny the allegation
9. As to paragraph 9 of the Verified Complaint, Defendants deny the allegation
reverse mortgage is a non-recourse loan and the lender has no further means to colle
10. As to paragraph 10 of the Verified Complaint, Defendants deny the allegatio
reverse mortgage is a non-recourse loan and the lender has no further means to colle
11 As to paragraph 11 of the Verified Complaint Defendants are without know
A S’ A S O CO A O O C OS
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DEFENDANTS’ ANSWER TO VERIFIED COMPLAINT TO FORECLOSE
HOME EQUITY CONVERSION MORTGAGE (HECM); DEFENSES AND CLAIMS IN RECOU
OTHER DEFENSES; COUNTER-CLAIMS; AND CROSS-CLAIMS
13. As to paragraph 13 of the Verified Complaint, Defendants are without know
therefore deny the allegations. A HECM reverse mortgage is a non-recourse loan an
has no further means to collect the debt.
14. As to paragraph 14 of the Verified Complaint, Defendants deny the allegatio
record shows the Plaintiff failed to effectuate service of process on Defendant, NEIL
GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES OF THE GILLESPIE
LIVING TRUST AGREEMENT DATED FEBRUARY 10,1997, which is not a pro
Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I termin
Trust as provided by Fla. Stat. § 736.0414, and Article V, the Trust. A HECM reveris a non-recourse loan and the lender has no further means to collect the debt.
15. As to paragraph 15 of the Verified Complaint, Defendants deny the allegatio
16. As to paragraph 16 of the Verified Complaint, Defendants deny the allegatio
information and belief, the Plaintiff failed to follow the procedure for constructive s
process, and appointment of guardian ad litem for UNKNOWN SPOUSE OF ELIZA
BAUERLE. A HECM reverse mortgage is a non-recourse loan and the lender has nomeans to collect the debt.
17. As to paragraph 17 of the Verified Complaint, Defendants are without know
therefore deny the allegations. A HECM reverse mortgage is a non-recourse loan an
has no further means to collect the debt.
18. As to paragraph 18 of the Verified Complaint, Defendants deny the allegatio
record shows the Plaintiff failed to effectuate service of process on UNKNOWN TE
POSSESSION 1 and UNKNOWN TENANT IN POSSESSION 2. A HECM reverse
a non-recourse loan and the lender has no further means to collect the debt.
19. As to paragraph 19 of the Verified Complaint, Defendants deny the allegatio
an improper party. A HECM reverse mortgage is a non-recourse loan and the lender
further means to collect the debt.
20. As to paragraph 20 of the Verified Complaint, Defendants deny the allegatio
reverse mortgage is a non-recourse loan and the lender has no further means to colle
21. As to paragraph 21 of the Verified Complaint, Defendants deny the allegatio
reverse mortgage is a non-recourse loan and the lender has no further means to colle
DEFENDANTS’ ANSWER TO VERIFIED COMPLAINT TO FORECLOSE
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DEFENDANTS’ ANSWER TO VERIFIED COMPLAINT TO FORECLOSE
HOME EQUITY CONVERSION MORTGAGE (HECM); DEFENSES AND CLAIMS IN RECOU
OTHER DEFENSES; COUNTER-CLAIMS; AND CROSS-CLAIMS
UNKNOWN TRUSTEES, SETTLERS AND BENEFICIARIES OF UNKNOWN
SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST A
DATED FEBRUARY 10, 1997.” Pursuant to my authority as Trustee of the Trust, a
that capacity, I terminated the Trust as provided by Fla. Stat. § 736.0414, and Articl
Trust. A HECM reverse mortgage is a non-recourse loan and the lender has no furth
collect the debt.
23. As to paragraph 23 of the Verified Complaint, Defendants deny the allegatio
reverse mortgage is a non-recourse loan and the lender has no further means to colle
The Plaintiff filed notice of lis pendens on or about January 9, 2013. Validity of a n pendens is one year from filing. § 48.23(2), Fla. Stat. (2013). The Plaintiff failed to
pendens and it is not valid. Pursuant to my authority as Trustee of the Trust, and act
capacity, I transferred the property to the beneficiary, myself, on January 14, 2015.
my authority as Trustee of the Trust, and acting in that capacity, I terminated the Tr
provided by Fla. Stat. § 736.0414, and Article V, the Trust.
DEFENDANTS’ DEFENSES AND CLAIMS IN RECOUPMENT, Sec. 673.305
See the AFFIDAVIT OF NEIL J. GILLESPIE - DEFENSES AND CLAIMS
RECOUPMENT, Section 673.4051(1)(a), Fla. Stat. lack of legal capacity of the bor
Section 673.3051, Florida Statutes, provides for defenses and claims in reco
Subpart (1)(a)2. provides a defense for "lack of legal capacity, or illegality o
transaction which, under other law, nullifies the obligation of the obligor;"
3. Fraud that induced the obligor to sign the instrument with neither knowled
reasonable opportunity to learn of its character or its essential terms; or
Defendants hereby assert under Fla. Stat. § 673.3051 all Defenses and claims in rec
DEFENDANTS’ OTHER DEFENSES
A HECM reverse mortgage is a non-recourse loan and the lender has no further meathe debt. The Plaintiff filed notice of lis pendens on or about January 9, 2013. Valid
notice of lis pendens is one year from filing. § 48.23(2), Fla. Stat. (2013). The Plain
renew the lis pendens and it is not valid. Pursuant to my authority as Trustee of the
acting in that capacity, I transferred the property to the beneficiary, myself, on Janu
Pursuant to my authority as Trustee of the Trust and acting in that capacity I termin
DEFENDANTS’ ANSWER TO VERIFIED COMPLAINT TO FORECLOSE
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DEFENDANTS ANSWER TO VERIFIED COMPLAINT TO FORECLOSE
HOME EQUITY CONVERSION MORTGAGE (HECM); DEFENSES AND CLAIMS IN RECOU
OTHER DEFENSES; COUNTER-CLAIMS; AND CROSS-CLAIMS
commence within 6 months. 24 C.F.R. § 206.125(d)(1). Bank of America gave noti
2009 the mortgage was due and payable. The Plaintiff did not foreclose until Januar
The time has expired, even under Fla. law. A HECM reverse mortgage is a non-reco
and the lender has no further means to collect the debt.
Statute of Limitations. A HECM foreclosure must commence within 6 months. 24 C
206.125(d)(1). Bank of America gave notice October 5, 2009 the mortgage was due
The Plaintiff did not foreclose until January 9, 2013. The time has expired, even und
A HECM reverse mortgage is a non-recourse loan and the lender has no further mea
the debt.
DEFENDANTS’ COUNTER-CLAIMS
The Plaintiff failed to effectuate service on the Defendants, therefore this Court doe
lawful jurisdiction over the Defendants, thus the Defendants’ counter-claims agains
will be brought by a separate action.
DEFENDANTS’ CROSS-CLAIMS
The Plaintiff failed to effectuate service on the Defendants, therefore this Court doe
lawful jurisdiction over the Defendants, thus the Defendants’ cross-claims will be b
against Counter Parties by a separate action.
RESPECTFULLY SUBMITTED February 2, 2015. CORRECTED Feb-03-2015
Neil J. Gillespie, individually, and former Trustee, F.S. Ch. 736 Part III, of the Term
8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: [email protected]
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Amended Certificate of Service
CORRECTED Feb-03-2015
I Hereby Certify that I provided February 2, 2015 CORRECTED Feb-03-20
DEFENDANTS’ ANSWER TO VERIFIED COMPLAINT TO FORECLOSE HOM
CONVERSION MORTGAGE (HECM); DEFENSES AND CLAIMS IN RECOUP
OTHER DEFENSES; COUNTER-CLAIMS; AND CROSS-CLAIMS through the F
Filing Portal to names on the service list.
Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AU
McCalla Raymer, LLC 400 N. Tampa Street, Suite 320225 E. Robinson Street, Ste. 660 Tampa, FL 33602
Orlando, FL 32801 Email: USAFLM.State.Foreclo
Email: [email protected] [email protected]
USAFLM.HUD.Disclaimers@
Oak Run Homeowners Association, Inc. Development & Construction Corporat
Registered Agent Paul Pike c/o Carol Olson, Vice President of Adm
11665 SW 72ND CIRCLE and Secretary-Treasurer, for RA PriyaOCALA, FL 34476 10983 SW 89 Avenue
c/o ORHA President Ocala, FL 34481
Email: [email protected] Email: [email protected]
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living
Agreement dated February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Email: [email protected]
Email: [email protected]
Neil J. Gillespie Mark Gillespie
8092 SW 115th Loop 7504 Summer Meadows Drive
Ocala, FL 34481 Ft. Worth, TX 76123
Email: [email protected] Email: [email protected]
Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: mark gillespie@att net
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Elizabeth Bauerle n/k/a Elizabeth Bidwood Unknown spouse of Elizabeth B
7504 Summer Meadow Drive 6356 SW 106th Place
Ft. Worth, TX 76123 Ocala, FL 34476
Email: [email protected] Email: [email protected]
NOTE: Plaintiff’s Counsel,
Danielle Nicole Parsons (FL Bar ID 29364),
Curtis Allen Wislon (FL Bar ID 77669), and,McCalla Raymer, LLC, a Foreign Limited Liability Company (Geor
(collectively “McCalla Raymer”)
failed to follow the procedure for constructive service of process for Unknown Settl
/Beneficiaries of The Gillespie Family Living Trust Agreement dated February 10,
other unknown parties, and failed to move the Court for appointment of a representa
unknown parties. Judge Stancil stated in open court December 18, 2014 that only a
represent a trust, but no lawyer was appointed to represent the unknown parties, or o
RESPECTFULLY SUBMITTED February 2, 2015. CORRECTED Feb-03-
NEIL J. GILLESPIE, individually, and as former trustee, F.S. Ch. 736 Part I
8092 SW 115th LoopOcala, Florida 34481
Phone: 352-854-7807
Email: [email protected]
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RMS'"
Reverse Mortgage Solutions, Inc
Statement Date: J
5010 Unbar Drive, Suite 100
Nashville,
TN
37211
Year
Ending: Dec
Monthly
Statement
5618
PENELOPE M GILLESPIE
8092 SW 115TH LOOP
OCALA, FL 34481
***
THIS IS NOT A
BILL
***
Account Information
Pay Plan Type:
Funded Date:
Loan
:
Borrower:
Property:
Line of Credit
06/16/2008
68011002615899
PENELOPE M GILLESPIE
8092 SW 115TH LOOP
OCALA, FL 34481
Interest Rates
Interest Rate Type: Monthly (1-Yr CMT)
Month Index Margin Int. Rate
(Index+Margin)
December: 0.110°A> 1.500°A> 1.610°A>
January: 0.140°A> 1.500°A> 1.640°A>
February (**) 0.270°A> 1.500%
1.770°A>
Your Reverse Mortgage loan has a variable-rate feature; the monthly and
daily periodic rates may vary
as a
result. Please refer to important
informatIon found on the back of this monthly statement and on the
additional page.
. Credit Line Set Aside Informat
Original Credit Line:
Current Gross Credit Line:
Unsch. Credit Line Disb. Bal. (-):
Net Credit Line Set Aside (=):
* Modified Term
or
Modified
Principal Limit Information
Original Principal Limit
Current Principal Limit:
Loan Balance (-):
Servicing Fee Set Aside (-):
Repair Set Aside (-):
First Year Set Aside (-):
Credit Line Set Aside (-):
Net Principal Limit (=):
Interest Rate Information:
ANNUAL PERCENTAGE RATE (APR): 2.424°'c»
Loan Periodic Rates: Mortgage Insurance Premium (MIP) Periodic Rates:
Interest (F
IMonthly Periodic Rate on
IAPPlicable Principal Balance:
MIP Monthly Periodic Rate on Applicable
0.1340A> Principal Balance:
Periodic
Finance C
Daily Periodic Rate on
MIP Daily Periodic Rate on Applicable
Applicable Advances or
0.004
0
A
Advances or Payments:
~ ~ y m n t s
Corresponding APR:
1.610°A>
Corresponding APR:
Notice
of
Changes in
your
Interest Rate on
your
Adjust able Rate Reverse Mortgage
On February 01, 2015, the interest rate on your adjustable-rate Reverse Mor tgage will increase from 1.640°A> to 1.
interest rate was based on an index value of 0.140°A>. To determine your new interest rate, we added the current in
.:fI .
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RMS'" Reverse
Mortgage
Solutions Inc
Statement
Date:
5010 Unbar Drive, Suite 100
Nashville,
TN 37211
Year
Ending: De
Loan Balance
ctivity
Current Month
114,592.56
revious Loan Balance
0.00
oan
Advance
I
Scheduled Payment (if applicable):
0.00
oan Advance / Unscheduled Disbursements (if applicable):
0.00
epair Set Aside Disbursements:
0.00
axes Paid:
Insurance Paid:
0.00
0.00
ther Property Charges:
153.75
nterest (Finance Charge):
MIP (Finance Charge): paid to HUD:
47.75
Monthly Servicing Fee (Finance Charge): 30.00
0.00
hange of Plan Fee/Misc. (Finance Charge):
0.00
'
:
Transaction Intll'c>rmatic>n):
otal Balance ity:
Closing Loan Balance as of December
31,2014 114,824.06
* Corporate Advance (not part of Loan Balance):
197.50
Transaction Information
Transaction Effective Transaction Description
Date Date
12/31/2014 12/31/2014
Monthly Interest, MIP Accrual
&
SF
12/29/2014 12/29/2014 Corp Adv - S306 - Other
12/19/2014 12/19/2014 Corp Adv - Prop Preserve - Prop
Inspect
12/05/2014 12/05/2014 Corp Adv - Prop Preserve - Prop
Inspect
Grand Total:
Principa.1 Interest
MIP Servicing
Advances Fee
Ad
0.00 153.75 47.75
30.00
0.00 0.00 0.00 0.00
0.00
0.00 0.00 0.00
0.00
0.00 0.00 0.00
0.00
153.75 47.75 30.00
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R
t5' Reverse
Mortgage Solutions
Inc
Statement
Date:
J
5010 Linbar Drive, Suite 100
Nashville, TN
37211
Year Ending: Dec
A.
ANNUAL
PERCENTAGE RATE (APR)
The ANNUAL PERCENTAGE RATE for the interest portion
of
your FINANCE CHARGE may increase or decrease annually ba
("Index"). Therefore, the monthly and daily periodic rates relating to the interest portion
of
your FINANCE CHARGE may vary. T
PERCENTAGE RATE that will apply to your Account,
we
add a margin to the value
of
the Index, subject to certain rate limitatio
Reverse Mortgage Note.
The corresponding annual percentage rate for the interest portion
of
the FINANCE CHARGE does not include costs other than
ANNUAL PERCENTAGE RATE includes interest and all other FINANCE
CHARGES
that relate to your loan.
B. FINANCE CHARGES
Each advance or payment made to you or on your behalf under your Reverse Mortgage will be subject to a FINANCE CHARG
each advance
or
payment is made. A FINANCE CHARGE will continue to be assessed on your Reverse Mortgage until the en
all fees due under the Notes, Security Instruments and Loan Agreement are paid.
C.INTEREST
The interest portion of the FINANCE CHARGE on your Account is computed by (i) calculating the FINANCE CHARGE on
beginning
of
each month, which includes any payments
or
credits applied to your loan during the previous month, (ii) calculatin
each advance, payment
or
credit made to you
or
on your behalf during the month, and then (iii) adding all
of
these sums togethe
We start with the outstanding principal balance on your Account at the beginning
of
each month, which includes FINANCE
month (the "Previous Loan Balance"). At the end
of
each month, we multiply the Previous Loan Balance by the then-current AN
divided by 12 (the "Monthly Periodic Rate").
At the end
of
each month
in
which any advances (also known as disbursements and labeled as "Disb" on this statement)
or
p
you or on your behalf, we multiply the amount
of
the advance or payment by the number
of
days remaining in the month after
made (not including the day the advance was made) and then multiply this amount by the then-current ANNUAL PERCENTAG
"Daily Periodic Rate"). This calculation is repeated for each advance
or
payment made to you
or
on your behalf during the mont
The sum
of
the final result
of
these calculations equals the interest portion of your FINANCE CHARGE for the month.
D. MORTGAGE INSURANCE PREMIUMS (MIP)
In
addition, mortgage insurance premiums ("MIP"), which are a FINANCE CHARGE, are computed by as follows:
At the end
of
each month, we multiply the lesser
of
the Previous Loan Balance
or
the maximum balance on which HUD require
MIP rate divided by 12 (the "MIP Monthly Period Rate"). At the end
of
each month
in
which any advances (also known as d
"Disb" on this statement) or payments have been made to you or on your behalf, we multiply the amount of the advance
or
pay
or payment that exceeds the maximum advances
or
payments on which HUD requires MIP to be paid) by the number
of
days
that advance or payment was made (not including the
day
the advance was made),and then multiply this amount by your MIP
Daily Periodic Rate"). This calculation is repeated for each advance or payment made to you or on your behalf during the month
The sum of the final result of these calculations equals the mortgage insurance portion
of
your FINANCE CHARGE for the mon
E. CALCULATION
OF
BALANCES
The "Principal Limit Information" section on the front
of
the monthly statement shows your "Original Principal Limit" and you
includes any "Set Asides". The "Loan Balance" section on page 2
of
this monthly statement shows your prior month's Prev
current month's Closing Loan Balance, which includes the current month's activity. If you would like to determine your payof
questions on this monthly statement, please call the telephone number listed on the bottom
of
this monthly statement.
F.
OTHER INFORMATION
We compute the interest and other fees assessed on your loan monthly. This information is available on page 2
of
this monthl
monthly statement indicates both the current month and year to date interest and other fees.
If
you repay all or a portion of you
interest paid due to a repayment exceeds $600, a separate IRS Form 1098 will be mailed to you by January 31 st. Interest ac
repayments, will not be reported to the IRS until the loan is paid
in
full.
G. BILLING RIGHTS SUMMARY
8/20/2019 Defendant Gillespie’s Rule 1.150 Motion to Strike Sham Pleadings-nov-10-2015
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At
' Reverse
Mortgage Solutions Inc
Statement Date:
5010 Unbar Drive, Suite 100
Year
EndinQ: De
Nashville, TN
37211
We will acknowledge your letter within 30 days. Within 90 days, we will either correct the er ror or explain why we believe the
If we determine the monthly statement was not correct, we will credit the disputed amount along with any associated interest
investigation, you will continue to see the disputed amount on your monthly statement; however, you do not have to pay any
charges that apply to it
Even though payments are not required on a reverse mortgage, by law, you are still required to meet
your Notes, Security Instruments and Loan Agreement. This includes paying your property taxes and insurance premiums.
H
CREDIT INFORM TION
Regular monthly installment payments are not required
on
this loan unless you have a repayment plan for a delinquent a
obligation to pay your property taxes and insurance premiums. The loan must be repaid
in
full
in
one payment if your
Payable . Payments may be made by check, money order or wired funds, payable
in
U.S. Dollars.
Do
not send cash. P
address listed on the bottom
of
this monthly statement. Payments are allocated as described in your Note.
~ ; : ~ 1 1 J ~ : ' : ~ IlIi; :,li ~ : . : a ~ : : ~ f I I ~ ; . , : ~ 1 I J ~ : ' : : ~
III
8/20/2019 Defendant Gillespie’s Rule 1.150 Motion to Strike Sham Pleadings-nov-10-2015
36/56
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= = ; ; = ~ ~ = = = ;
B ~ i B @ i i j ® i i i m i i i § i i i B ~ t i j @ i i j j
m f j l m l l ~ m l l f m l l m { : { i @ : { l m l : l ~ i
= = ~ = = = = = =
m i i i R i i i m i i i f f i i i j i ? : ~ i i i m i i i R i i i ;
~ = : : : = : : : = : : : = ; ; : = : : : = : : : = : : : :
i ~ H i i B i H m i i i m i i i @ i i i ~ ~ i i i B H H
§ ~ § q § § ~ ~
· · : t 1 k . : : ~ i l h : : : ~ l ~ : : : d l ~ : : : ~ l l l ~ : : : d l l ~ : . : : ~
._ .....
..... .._... ..
~
IJ
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Termination of the Gillespie Family Living Trust Agreement Dated February 10
STATE OF FLORIDA )
) SS.:
COUNTY OF MARION )
AFFIDAVIT
BEFORE ME this day personally appeared NEIL
J.
GILLESPIE, who upon b
sworn deposed upon oath as follows:
1.
My name is Neil J. Gillespie. I am over eighteen years
of
age. This affidavit is
personal knowledge unless otherwise expressly stated.
2.
I am sole Trustee of the Gillespie Family Living Trust Agreement Dated Febru
1997 (hereinafter Trust ).
3. My Florida residential homestead property is the sole asset
of
the Trust, proper
8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the property )
have lived in the property continuously and uninterruptedly since February 9, 2005, T
7013-007-001, legal description:
Lot(s)
1
Block G, OAK RUN WOODSIDE TRACT, according to the Plat the
recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the Public Re
Marion County, Florida.
4. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I t
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 h
terminate the Trust as provided by Fla. Stat. § 736.0414, and Article V, the Trust. The
8/20/2019 Defendant Gillespie’s Rule 1.150 Motion to Strike Sham Pleadings-nov-10-2015
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having a total value less than 50,000 may terminate the trust
if
the trustee concludes
value
of
the trust property is insufficient to justify the cost
of
administration.
FURTHER AFFIANT SAYETH NOT,
The foregoing instrument was acknowledged before me, this 2nd day
of
Febru
FL-bL
Sl
by Neil J. Gillespie, who is personally known to me, or who has produced .
identification and states that he is the person who made this affidavit and that its conte
truthful to the best
of
his knowledge, information and belief.
of
Notary Public
(SEAL)
Notary Public
State
of Florida
Angelica Cruz
y
Commission EE067986
Expires
02127 2015
My Commission Expires: - - - - . 2 J _ 2 , _ : . r ~ , _ S _
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THIS
IS
NOT
A COMMERCIAL
FORCLOSURE
IN THE CIRCUIT COUR
FIFTH JUDICIAL CIRC
IN AND FOR MARION
REVERSE MORTGAGE SOLUTIONS, INC.,
CASE NO.: 2013-CA-00
Plaintiff,
42-2013-CA-000115-AX
vs.
Residential Home Forec
Florida Homestead
of
Ne
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10,1997, ET AL.
Defendants.
AFFIDAVIT OF NEIL J. GILLESPIE - DEFENSES AND CLAIMS IN RECOU
Section 673.4051(1)(a), Fla. Stat. lack
of
legal capacity
of
the borrower
STATE OF FLORIDA )
) SS.:
COUNTY OF MARION )
AFFIDAVIT
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon
sworn deposed upon oath as follows:
1.
My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is
personal knowledge unless otherwise expressly stated.
2. I have resided at 8092 SW 115th Loop, Ocala, Marion County, Florida ("the p
continuously and uninterruptedly since February 9, 2005. On November 17, 2009 I ap
and received the homestead tax exemption as to the property, that 7013-007-001 is th
AFFIDAVIT OF NEIL J. GILLESPIE - DEFENSES AND CLAIMS IN RECOUPMENT
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Section 673.4051(1)(a), Fla. Stat. lack of legal capacity of the borrower
3. The Plaintiffs Verified Complaint To Foreclose Home Equity Conversion M
alleges at paragraph
4:
Plaintiff is entitled to enforce the Note and Mortgage, pursuant to F.S.
§
673.
owner and holder
of
an instrument.
4.
Section 673.3051, Florida Statutes, provides for defenses and claims in recou
Subpart (1)(a)2. provides a defense for "lack
of
legal capacity, or illegality
of
the tran
which, under other law, nullifies the obligation of the obligor;"
Section 673.3051, Florida Statutes, defenses and claims in recoupment.
(1) Except as stated in subsection (2), the right to enforce the obligation
of
a p
an instrument
is
subject to:
(a) A defense of the obligor based on:
2. Duress, lack
of
legal capacity, or illegality
of
the transaction which, under
nullifies the obligation of the obligor;
5.
I am the eldest son ofPenelope Marie Gillespie who died September 16, 2009
6.
The death certificate for Ms. G-illespie issued September 23, 2009 for the state
shows dementia was the immediate cause
of
death. No other cause of death is shown
7. Ms. Gillespie lacked capacity individually on June 5, 2008 to make any finan
decisions due to Alzheimer's disease and/or dementia.
8.
Ms. Gillespie lacked capacity as Grantor Trustee on June 5 2008 to manage o
contract the Gillespie Family Living Trust Agreement Dated February 10, 1997, due
Alzheimer's disease and/or dementia.
9. Guardianship in Florida is governed by Chapter 744 Florida Statutes. o guar
AFFIDAVIT O NEIL
J.
GILLESPIE - DEFENSES AND CLAIMS IN RECOUPMENT
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Section 673.4051 (1)(a), Fla. Stat. lack of legal capacity of the borrower
11. Ms. Gillespie was a patient ofDr. Gregory J. Howell, M.D., Neurologist, Oca
Neurodiagnostic Center, Windsor Oaks Medical Park, Bldg 400,
1901
S.E. 18th Ave
Florida 34471, Noverrlber 1,2005 through the close of his practice December 12,200
12. On May
8
2006 Dr. Howell wrote to Dr. Christopher Grainger, Ms. Gillespie
care doctor, that she was being treated for Alzheimer's dementia, and she was not com
make any financial decisions:
"I have been treating the patient for Alzheimer's dementia..." and "It is my im
that the patient has moderate Alzheimer's and
is
not competent to give things
make any financial decisions..."
The letter ofDr. Howell dated May
8
2006
is
attached.
13.
On September 4, 2008 Dr. Jay
J.
Rubin, M.D wrote to Dr. Granger about Ms.
participation
in
a research study. Dr. Rubin diagnosed Ms. Gillespie with moderate d
consistent with Alzheimer's disease, currently treated with Aricept and Namenda. Dr.
his Neurological Examination that "She
is
disoriented and certainly confused." The le
14.
A
Home Equity Conversion Mortgage
or HECM,
is
a Federal Housing Admi
(FHA) "reverse" mortgage program administered by the Secretary, United States Dep
Housing and Urban Development (Secretary or HUD) to enable home owners over 62
access the subject home's equity. A HECM reverse mortgage
is
governed by federal l
12
U.S.C.
§
1715z-20 - Insurance
of
home equity conversion mortgages for el
homeowners; and 24 CFR Part 206 - Home Equity Conversion Mortgage Insu
15.
A HECM reverse mortgage
is
a non-recourse loan, and the lender has no furth
AFFIDAVIT O NEIL J. GILLESPIE - DEFENSES AND CLAIMS IN RECOUPMENT
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Section 673.4051(1)(a), Fla. Stat. lack of legal capacity of the borrower
16.
On April 22, 2008 I attended a telephonic HECM counseling session with Ms
and Susan Gray, a HUD approved HECM counselor. The counseling session did not
with HECM rules. Ms. Gillespie was not able to answer questions showing she under
reverse mortgage. A transcript
of
the counseling session shows Ms. Gillespie did not
participate in the call or the counseling. Ms. Gray did not ask Ms. Gillespie to "succe
answer five
of
the ten review questions" or make other effort to determine
if
she unde
basic information about reverse mortgages, which was impossible due to Alzheimer's
but required under
12
USC
§
1715z-20(f) Counseling services and information for m
Therefore Ms. Gray should not have issued the certificate to Ms. Gillespie, but she di
17.
Ms. Gillespie had Alzheimer's disease and dementia and lacked capacity at th
the HECM counseling session April 22, 2008. Ms. Gillespie lacked capacity at the tim
HECM loan closing June 5, 2008. Elizabeth "Liz" Baize
of
the Ocala office
of
The Pa
Bank was the HECM loan originator. I told Ms. Baize that Penelope Gillespie had Al
disease early
in
the origination process. Ms. Baize's only concern was whether a guar
was in place for Ms. Gillespie. There was no guardianship.
18.
Liz Baize did not require anyone to act as power
of
attorney for Ms. Gillespie
the bank had me and Mark Gillespie added to the quit-claim deed along with Ms. G-ill
required us all to sign the HECM Notes and HECM Mortgages. When the HECM clo
2008, Penelope Gillespie age 77 was the only person age 62 or older qualified to be a
borrower. I was age 52. Mark Gillespie was age 49.
AFFIDAVIT OF NEIL J. GILLESPIE - DEFENSES AND CLAIMS IN RECOUPMENT
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Section 673.4051(1)(a), Fla. Stat. lack of legal capacity
of
the borrower
20. At all times pertinent to this HECM, the lender and lender parties knew
or
sh
known Ms. Gillespie was not competent and suffered from Alzheimer's disease and d
21. Charles J. Thomas, a New York Supreme Court Judge, voided a reverse mort
subsequent refinancing on the grounds that the borrower's mental illness made her un
understand the reverse mortgage. The Order and a related news story are attached.
Matter
of
Doar (Brunson) 2009 NY Slip Op 29549 [28 Misc 3d 759] Decemb
Thomas, J. Supreme Court, Queens County Published by New York State La
Bureau pursuant to Judiciary Law § 431. As corrected through Thursday, Oct
Appellate Division continued to require that a mortgagee have knowledge of
mortgagor's incapacity before the contract which is otherwise voidable could
In order to void a contract which is voidable because of incapacity, the mortg
establish that the mortgagee had knowledge of the incapacity and were n
mortgagees for value. (See Weisberg v DeMeo, 254 AD2d 351, 351 [1998].)
Under these circumstances, the court finds that Hermina Brunson was incapab
understanding the agreements that she signed on April 21, 2003 and that Fina
Freedom is charged with the responsibility to determine, and was in a position
her incapacity. Therefore, the court finds the mortgages on June 20, 2003 void
22. Therefore this HECM is void or voidable because the mortgagee had knowled
incapacity and were not bona fide mortgagees for value.
FURTHER AFFIANT SAYETH NOT,
The foregoing instrument was acknowledged before me, this 2nd day
of
Febru
by Neil J. Gillespie, who is personally known to me,
or
who has produced
identification and states that he is the person who made this affidavit and that its cont
truthful to the best
of
his knowledge, information and belief.
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OCALA
NEURODIAGNOSTIC
CENT·ER
Windsor Oaks Medical Park
1901 S.E. 8th Avenue Bldg 400
Ocala, Florida 34471
Tel
(352) 732-7095
Fax (352) 732-0477
Jose Gaudier, M.D.
Wnliam
GaY't
M.D.
Ken
NS,
M.D.
Gregory
Howell
M.D.
Diplomate•• A
Psychla
May
8
1
2006
h r i ~ t o p h r Grainger.
M.D.
4600
SW
46th Court. 8te. 310
Ocala.
FL
34474
RE: Penelope
Gillespie
73008
Dear
Dr.
Grainger:
I last saw Ms. Gillespie in
February. I
have since received notffication from her
son
who
takes
lives with her
that
she had
contributed 40,000 towards
a
mortgage to purchase a share in
a
res
money was gone and the
restaurant
closed. This
involved
one
of
the patient s
children, a daught
also apparently
gave
several
paintings
to the
daughter
and
they
were not famny portraits
or
heir
were worth around 20.000. The
patient herself didn t
know how she
got
the
paintings
and
was
whether
the
paintings
were on loan to
the
daughter or whether she is going to return them. The p
riding in
a
car with
a friend
who
would drink
and
drjve.
At
this point
the son
now
lives
with her
and has Power
of
Attorney..
I
have been treating the
patient
for
Alzheimer s
dementia, which Is
moderate. She
is on both Aric
and Namenda 10mg b.i.d.
along with
her
other medications, which include Dlovan for
hYPertens
her heart. Nitroglycerine, Nu-iron for anemia,
va,rjous
vitamins,
and
Aspirin.
It is my Impression that the patient has moderate AlzheJmer·s
nd
Is
not competent
to give things
any financial decisions and needs Power of Attorney or
legaJ
guardian to look after
her
bills
and-
t
and make sure
that
she doesn t give away items or her money to inappropriate people.
The
patient s
other medications right
now
include Metoprolol, Oynacirc, Coumadin, Lasix. Spiro
iron,
centrum SHver.
812. and some
prn Nitroglycerine.
The patient s blood pressure today was 110 64 in the right arm and 82 50
in
the
left
arm.
'Sh
deficits.
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NEUROLOGICAL ASSOCIATES
Jay J RUbin, M,D , P.A • Anette V. Nieves, M.D. • Anna Y. Khan
Specializing in Neurological, Neuromuscular, Movement, Sleep,
nd
Cerebrova
Florida
Professional
Park (352)
732-9643
Del Webb
2685 SW Place
(352) 732-2243
fax 14031 D
Ocala,
Fl34474 NeuroHealthinc.com
Summerf
September 4, 2008
Christopher
Grainger, M.D.
4600 SW 46
th
Court, #310
Ocala. Florida 34474
NEUROLOGICAL CONSULTATION
Re: Penelope M. Gillespie
Dear
Christopher:
Thank you for
requesting a
neurological
consu1tation
regarding this 77-year-old
female
with A
Mrs.
Gillespie
is accompanied by
her
son who is a
very
good
historian.
He
also
provided
regarding her
current
medications.
History
of Present Illness:
Mrs. Gillespie has a history
of
progressive short-term memory
imp
with a diagnosis of Alzheimer's disease made by Dr. A. Singh in 2004. She was placed on
evaluated
neurologically
by Dr.
Howell
and
treated
with Aricepl In
2007, Aricept
was stoppe
whereupon
her memory worsened.
Mrs. GiJJespie
stopped
driving in
2004. Her son
cooks
medications.
She generally
eats
and sleeps well, sleeping
about
eight to ten hours a
day on th
infrequently awakens
during
the night. She wears Depends for incontinence and
for
occasiona
some episodes of increased confusion but
no
hallucinations.
Generally,
her disposition is
ve
quite cooperative.
More recently. she has been under the care
of
Dr.
Gaya,
but
her
son
expressed
an
interes
Investigational Study. Her son indicates that Mrs. Gillespie
has
had more confusion this
year
often
does
not seem
to
realize that
her
son Jives
with
her.
Your
evaluation inclUded
a
head CT
scan in
12/07
at
Advanced
Imaging Center that
showed
an
frontoparietal
cortical
stroke
and
atrophy.
She had a
normal
TSH and
8 2
level
in
06/08.
gradually been elevated and was 1.98
in
July
Past Medical/Surgical
History:
Is
noteworthy for atrial
fibrillation1
mitral valve regurgitation,
A
TIA. hypertension
1
and irritable bowel syndrome. She is
sIp
bilateral total knee arthroplasty (in 1
Current
Medications: Namenda 10 mg bid began in 2004 , Aricept 10 mg q a.m. began in
20 mg qd, Spironolactone 25
mg qd,
Coumadin. Ni1roglycerin 0.4
mg
pm,
multivitamins,
v
'.
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Penelope
M.
Gillespie
09/04/08 - Neurological Consultation
(Page 2 of 2)
Family
History
Her mother died at 83 years of age from a stroke. Her father died at 60
myocardial infarction. Her brother is age 82 and
her
sister is age 79, both with heart disea
grandmother
also had
dementia.
Review
of
Systems: Is noteworthy for
weakness, fatigue.
hypertension, occasional che
heartbeat, daytime sleepiness, nocturia, back pain, pain with walking about half a block. con
anxiety, but there is no history of depression according to Mrs. Gillespie or
her
son. Complete
the
chart
and
I reviewed
this
with Mrs.
Gillespie.
NEUROLOGICAL EXAMINATION: Blood pressure is 120/80. Pulse 80 with slight irregularity.
157 Ibs. She is right-handed. Mrs. Gillespie appears short-stature,
pleasant,
cooperative, comf
somewhat flattened affect
f
and with mild bradykinesia. Chest is clear. Heart rate is frequently
murmur or carotid bruits are present. She is disoriented and certainly confused. She recalled
minutes with poor visual spatial skills. She scores 17 30 on the Mini-Mental Status Examination.
FuJI
visual fields and extraocular
movements but with
decreased smooth pursuit.
Normal
elevation of palate,
shrug
and
tongue
movements. There
is mUd
atrophy
present in
the distal
lo
strength
is
normal
throughout. Sensation is only decreased to
vibration
in
the toes.
Normal co
Deep tendon reflexes
are
diminished
throughout
but
symmetrical.
Babinski sign is presen
spasticity
is present.
DIAGNOSES:
1 Moderate dementia consistent with Alzheimer's disease, currently treated with Aricept an
2.
History of right frontoparietal
cortical
stroke probably
occurring
two
years ago by histo
scan
3. Chronic
renal insufficiency.
RECOMMENDATIONS/PLAN: I
revIewed
the
findings,
diagnoses and
treatment options with
M
He is very intelligent. supportive
and
provides many documents including a detailed list
of
a
procedures between 10/05 and 07/08. Her son expresses much interest in helping his moth
research study. Therefore, this is being discussed. If she is a candidate, she will be screened
her son is interested, then we will pursue appropriate treatment. Otherwise, I am going to reco
current medications. We will also schedule a return appointment
for
Mrs. Gillespie and I look f
her along
It was a
pleasure
seeing this delightful
lady
today and I also appreciate the
helpful records
you
pr
- Reverse Mortgage Daily - http://reversemortgagedaily.com -
http://reversemortgagedaily.com/2010/01/14/judge-voids-reverse-mortgage-says-counseling
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Judge Voids Reverse Mortgage, Says Counseling Fails to ProCompetency
Posted By Reva On January 14, 2010 @ 9:50 am In Counseling,Legislation,News,Reverse
Comments
In a ruling last month, Charles J. Thomas, a New York Supreme Court Judge voided a remortgage and its subsequent refinancing on the grounds that the borrower’s mental il lne
unable to understand the reverse mortgage.
In the case, Matter of Doar, 31393/07 [1], the borrower, Ms. Hermina Brunson, took out
mortgage with Financial Freedom on her home in Queens for $300,000 in December of 2refinancing for $375,000 in June of 2003.
However, at the time, Ms. Brunson was being treated for chronic paranoid schizophreniaof 2001, her psychiatrist testified that Ms. Brunson was hearing voices, believed her neig
trying to take her home away from her, and claimed that she no longer had the deed to
Despite the counseling session lasting 45 minutes over the phone, the judge wrote that i
meant to be perfunctory or a mere rubber stamp of the banking or mortgage industry. Iintended to secure that the rights of elderly homeowners were protected. The mortgageentrusted with the responsibility of conducting an inquiry of the applicant’s understandinmortgage agreement.”
Judge Thomas continued, “There is no evidence that Ms. Brunson understood the terms mortgage or the Counseling Certificate that she signed on June 20, 2003.” He faulted thefor not unearthing the borrower’s mental illness and her delusions regarding her home. significantly for the industry, Judge Thomas ruled:
While the Certificate of Counseling is an indication that information was given to thomeowners it is not dispositive of the issue of the mortgagor’s knowledge and understanding of the implications of a reverse mortgage or that the National Hous Act has been satisfied. That determination rests ultimately with the court.
As a result, the responsibility is on the lender to prove that the borrower understood themortgage, regardless of whether or not they received a counseling certificate.
The judge further faulted the counseling process, noting that there was no evidence as tqualifications of the counselor, whether the counselor spoke to Ms. Brunson or only to heMs. Bunson’s questions were answered, and what information the counselor provided.
While recent counseling reforms such as the qualification of the counselor addresses som
issues, this is still a situation that could be repeated today.
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Article printed from Reverse Mortgage Daily: http://reversemortgagedaily.com
URL to article: http://reversemortgagedaily.com/2010/01/14/judge-voids-revemortgage-says-counseling-fails-to-prove-competency/
URLs in this post:
[1] Matter of Doar, 31393/07: http://reversemortgagedaily.com/img-112161623-0
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