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Filing # 54831801 E-Filed 04/10/2017 08:40:00 AM

IN THE CIRCUIT COURT OF THE


FIFTH JUDICIAL CIRCUIT FLORIDA
IN AND FOR MARION COUNTY
REVERSE MORTGAGE SOLUTIONS, INC.,
CASE NO.: 2013-CA-000115
Plaintiff, 42-2013-CA-000115-AXXX-XX

vs. Homestead Residential Foreclosure


$50,001-$249,999 (Contested)
NEIL J. GILLESPIE AND MARK GILLESPIE Home Equity Conversion Mortgage
AS CO-TRUSTEES OF THE GILLESPIE HUD/FHA/HECM Reverse Mortgage
FAMILY LIVING TRUST AGREEMENT 12 USC 1715z20; 24 CFR Part 206
DATED FEBRUARY 10, 1997, ET AL. FHA Case Number: 091-4405741
BofA/RMS acct/loan #68011002615899
Defendants.
________________________________________/

DEFENDANTS DEMAND FOR TRIAL BY JURY

Defendant Neil J. Gillespie, individually, and as former Trustee (F.S. Ch. 736 Part III) of

the terminated Gillespie Family Living Trust Agreement Dated February 10, 1997 (Terminated

Trust), an indigent non-lawyer, unable to obtain adequate counsel, a consumer of legal and

court services affecting interstate commerce, a consumer of personal, family and household

goods and services, consumer transactions in interstate commerce, a person with disabilities, a

vulnerable adult, henceforth in the first person, reluctantly appears pro se, and files Defendants

Demand For Trial By Jury for all issues so triable, and states:

1. I hereby demand Trial by jury, Article I, Section 22, Florida Constitution.

SECTION 22. Trial by jury.The right of trial by jury shall be secure to all and remain
inviolate. The qualifications and the number of jurors, not fewer than six, shall be fixed
by law.

2. Pursuant to Rule 1.430(b), Fla.R.Civ.Pro, Demand for Jury Trial, I hereby give Notice to

the Plaintiff of my demand for trial by jury for all issues so triable.
DEFENDANTS DEMAND FOR TRIAL BY JURY

3. On March 30, 2017 I filed the following pleading,

DISCOVERY DEMAND TO PLAINTIFF REVERSE MORTGAGE SOLUTIONS,


INC. Filing # 54432366 E-Filed 03/30/2017 02:10:04 PM

4. On April 6, 2017 I filed the following pleading

NOTICE OF REFILING FEDERAL CIVIL RIGHTS COMPLAINT DUE TO


Official Misconduct By David R. Ellspermann Marion County Clerk of Court and
Comptroller, Filing # 54769010 E-Filed 04/06/2017 11:54:38 PM

5. On April 7, 2017 I filed the following pleading,

NOTICE OF FILING AFFIDAVIT OF NEIL J. GILLESPIE


HUD Regulation Halts Reverse Mortgages in 55+ Communities
Reverse Mortgages Violate the Securities Exchange Act of 1934
Florida courts lack subject matter jurisdiction in disputed HECM
Filing # 54769338 E-Filed 04/07/2017 03:25:22 AM

6. On April 7, 2017 I filed the following pleading,

Petition for Writ of Prohibition - A Case of Original Jurisdiction


To Remove Marion County Circuit Court Judge Ann Melinda Craggs
Filing # 54774550 E-Filed 04/07/2017 09:38:57 AM

7. On April 10, 2017 I filed the following pleading,

DEFENDANTS CORRECTED DEMAND FOR TRIAL BY JURY


Filing # 54830979 E-Filed 04/10/2017 08:12:30 AM

8. Pursuant to Rule 1.430(b), Fla.R.Civ.Pro, Demand. Any party may demand a trial by jury

of any issue triable of right by a jury by serving upon the other party a demand therefor in

writing at any time after commencement of the action and not later than 10 days after the service

of the last pleading directed to such issue.

(b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury
by serving upon the other party a demand therefor in writing at any time after
commencement of the action and not later than 10 days after the service of the last
pleading directed to such issue. The demand may be indorsed upon a pleading of the
party.

9. The action commenced January 9, 2013.

2
DEFENDANTS DEMAND FOR TRIAL BY JURY

10. My pleading Filing # 54432366 E-Filed 03/30/2017 at 02:10:04 PM, was served on the

Portal 8 days ago (not counting Sat-Sun) to the counsel for the Plaintiff and all other parties.

11. My pleading Filing # 54769010 E-Filed 04/06/2017 at 11:54:38 PM, was served on the

Florida Portal 4 days ago to the counsel for the Plaintiff and all other parties.

12. My pleading, Filing # 54769338 E-Filed 04/07/2017 at 03:25:22 AM, was served on the

Florida Portal 3 days ago to the counsel for the Plaintiff and all other parties.

13. My pleading, Filing # 54774550 E-Filed 04/07/2017 at 09:38:57 AM, was served on the

Florida Portal 3 days ago to the counsel for the Plaintiff and all other parties.

14. My pleading, Filing # 54830979 E-Filed 04/10/2017 08:12:30 AM, was served on the

Florida Portal today.

RESPECTFULLY SUBMITTED April 10, 2017.

Neil J. Gillespie, individually, and former Trustee


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

3
Service List April 10, 2017

I hereby certify the names below were served by email April 10, 2017 through the Florida Portal,
unless otherwise expressly stated. May include additional names on the Florida Portal.

The Honorable Joseph Negron, President The Honorable Richard Corcoran, Speaker
Email: joe@joenegron.com Email: richard@richardcorcoran.com
Florida Senate Florida House of Representatives
409, The Capitol 420 The Capitol
404 S. Monroe Street 402 South Monroe Street
Tallahassee, FL 32399-1100 Tallahassee, Florida 32399-1300
Tel: 850-487-5229 Tel: 850-717-5037
https://www.flsenate.gov/Offices/President http://www.myfloridahouse.gov/

Florida Senate Florida House of Representatives


Debbie Brown, Secretary of the Senate Office of the Clerk
Office of Senate Secretary Email: officeoftheClerk@myfloridahouse.gov
Email: brown.debbie.web@flsenate.gov

Office of Inspector General, OIGHotline SEC Office of the Whistleblower


c/o Board of Governors of 100 F Street NE
the Federal Reserve System Washington, DC 20549
20th Street and Constitution Avenue, NW Phone: (202) 551-4790
Mail Stop K- 300 Fax: (703) 813-9322
Washington, DC 20551 Via U.S. Mail, First Class or Priority
Email: OIGHotline@frb.gov CFPB Complaint No. 120914-000082
CFPB Complaint No. 120914-000082 CFPB Complaint No. 140304-000750
CFPB Complaint No. 140304-000750 Not served on the Florida Portal

The Honorable Richard Cordray, Director Stefanie Isser Goldblatt


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

FBI Tampa Division FBI Jacksonville Division


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

The Honorable Don F. Briggs The Honorable Ann Melinda Craggs


Chief Judge, Fifth Judicial Circuit Circuit Court Judge, Fifth Judicial Circuit
Lake County Judicial Center Marion County Judicial Center
550 W. Main Street 110 NW 1st Ave.
Tavares, FL 32778-7800. Ocala, FL 34475
Tel. 352-742-4224 Tel: 352-401-6785
Email: dbriggs@circuit5.org Email: amcraggs@circuit5.org
Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AUSA
McCalla Raymer Pierce, LLC 400 N. Tampa Street, Suite 3200
225 E. Robinson Street, Ste. 660 Tampa, FL 33602
Orlando, FL 32801 Email: USAFLM.HUD@usdoj.gov
Email: MRService@mrpllc.com JAXSFFORECLOSURES@hud.gov
JAXSFORECLOSURES@hud.gov
lydia.a.brush@gmail.com

Gregory C. Harrell David R. Ellspermann Marion County Clerk


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

Development & Construction Corporation Oak Run Homeowners Association, Inc.


of America, c/o Carol Olson, Vice President (ORHA)
of Administration and Secretary-Treasurer c/o ORHA Board of Directors
10983 SW 89 Avenue Email: orhaboard@yahoo.com
Ocala, FL 34481
Email: colson@deccahomes.com

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

Neil J. Gillespie Mark Gillespie


8092 SW 115th Loop 7504 Summer Meadows Drive
Ocala, FL 34481 Ft. Worth, TX 76123
Email: neilgillespie@mfi.net Email: mark.gillespie@att.net

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


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

Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated


February 10, 1997; (NONE); Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481 Email: neilgillespie@mfi.net

Elizabeth Bauerle n/k/a Elizabeth Bidgood Unknown spouse of Elizabeth Bidgood,


8092 SW 115th Loop n.k.a. Scott Bidgood
Ocala, FL 34481 8092 SW 115th Loop
Email: neilgillespie@mfi.net Ocala, FL 34481
Email: neilgillespie@mfi.net
2
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997

STATE OF FLORIDA ) 1111111111111111111111111111111111111111


DAVID R EllSPERMANN CLERK & COMPTROLLER MARION co
) SS.: DATE: 02/03/2015 11 :55:32 AM
COUNTY OF MARION ) FILE #: 2015009748 OR BK 6161 PGS 1844-1845
AFFIDAVIT REC FEES: $18.50 INDEX FEES: $0.00
DDS: $0 MDS: $0 INT: $0

BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly

sworn deposed upon oath as follows:

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

personal knowledge unless otherwise expressly stated.

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

1997 (hereinafter "Trust").

\ \

oeZ=::).. My Florida residential homestead property is the sole asset of the Trust, property address

..
" ~:.

8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I

have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.

7013-007-00 I, legal description:

Lot(s) ], Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through I ]2, inclusive of the Public Records of
Marion County, Florida.

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

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

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

terminate the Trust as provided by Fla. Stat. 736.0414, and Article V, the Trust. The total fair

market value of the assets of the Trust is zero. The Trust served its intended purpose of

transferring the property to the beneficiary without going through probate.

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

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

Book6161/Page1844 CFN#2015009748 Page 1 of 2


having a total value less than $50,000 may terminate the trust if the trustee concludes that the

value of the trust. property is insufficient to justify the cost of administration.

FURTHER AFFIANT SA YETH NOT,

The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
1=l--'bL
- ti~u II~O SlD o;tl 0
by Neil J. Gillespie, who is personally known to me, or who has produced . as

. identification and states that he is. the person who made this affidavit and that its co~tents are

truthful to the best of his knowledge, information and belief.

r
Notary Public State of Florida
(SEAL) Angelica Cruz
My Commission EE067986 NOTAR UBLIC
Expires 02127/2015

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Print Na of Notary PublIc

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


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Book6161/Page1845 CFN#2015009748 Page 2 of 2

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