June 11,2019

Sheriff Billy Woods Chief Greg Graham

Marion County Sheriffs Office (MCSO) Ocala Police Department (OPD)
,",[email protected] [email protected]
692 NW 30th Ave. 402 S. Pine Ave.
Ocala, FL 34475 Ocala, FL 34471
VIA UPS No. lZ64589FP293782216 VIA UPS No. lZ64589FP294406228
Cc.: Timothy T. McCourt
[email protected]

Gentlemen:

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.

A Home Equity Conversion Mortgage, or HECM, is a Federal Housing Administration (FHA)

“reverse” mortgage program administered by the Secretary, United States Department of
Housing and Urban Development (Secretary or HUD) to enable home owners over 62 years old
access the subject home's equity. 12 U.S.C. § 1715z20 et seq. and 24 C.F.R. Part 206. The record
shows substantial violations of the HECM rules by the HUD-approved lender and lender parties.

A HECM does not require a homeowner to make mortgage payments as a conventional

mortgage does. Instead, a HECM does not become due and payable until the last surviving
homeowner dies or no longer lives in the home. 12 U.S.C. § 1715-z20(j) Safeguard to prevent
displacement of homeowner. 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).

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)

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.

Section 817.568(8)(a) states:

(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),

Notice of Default and Intent to Foreclose

Date Admitted As Evidence: 07/18/2017
Evidence ID: PL-4

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.

A HECM foreclosure must commence within 6 months. 24 C.F.R. § 206.125(d)(1). Borrower

Penelope Gillespie died September 16, 2009. The Plaintiff did not commence this foreclosure
until January 9, 2013.

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”.

The Plaintiff’s (RMS) envelope to the NOTICE OF DEFAULT AND INTENT TO

FORECLOSE (Exhibit 2) shows different names for U.S. Postal Service Certified Mail,
and is therefore fraudulent, because the Notice begins, “Dear Penelope Gillespie:” and not,

“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

DEFENDANT NEIL J. GILLESPIE’S AMENDED VERIFIED MOTION TO VACATE FINAL

JUDGMENT OF FORECLOSURE AND CANCEL MARCH 11, 2019 FORECLOSURE SALE

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,

F.S. § 838.022 Official misconduct.—

(1) It is unlawful for a public servant or public contractor, to knowingly and intentionally
obtain a benefit for any person or to cause unlawful harm to another, by:
(a) Falsifying, or causing another person to falsify, any official record or official
document;

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;

F.S. § 839.13 Falsifying records.—

(1) Except as provided in subsection (2), if any judge, justice, mayor, alderman, clerk,
sheriff, coroner, or other public officer, or employee or agent of or contractor with a
public agency, or any person whatsoever, shall steal, embezzle, alter, corruptly withdraw,
falsify or avoid any record, process, charter, gift, grant, conveyance, or contract, or any
paper filed in any judicial proceeding in any court of this state, or shall knowingly and
willfully take off, discharge or conceal any issue, forfeited recognizance, or other
forfeiture, or other paper above mentioned, or shall forge, deface, or falsify any document
or instrument recorded, or filed in any court, or any registry, acknowledgment, or
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.

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

I am an elderly person [825.101(4)] and a disabled adult as defined by Chapter 825.

Judge Craggs is a public officer who corruptly used her official position as judge to secure a
special benefit (corrupt foreclosure) for Mr. Wilson.

F.S. § 112.313(6) Misuse of Public Position,

(6) MISUSE OF PUBLIC POSITION.-No public officer, employee of an agency, or
local government attorney shall corruptly use or attempt to use his or her official position
or any property or resource which may be within his or her trust, or perform his or her
official duties, to secure a special privilege, benefit, or exemption for himself, herself, or
others. This section shall not be construed to conflict with s. 104.. 31.

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

REVERSE MORTGAGE 13-CA-115

SOLUTIONS, INC

PlaintifflPetitioner Case Number

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

IHERf-BY CERTIfY that the forepg ~ true and

BENEFICIARIES OF uNKNOWN SETTLERS I
BENEFICIARIES OF THE GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED
instrument fit~ inthis"
correct copy of pages-LuvOUQhd of the

The original instrument'" ~

_"\
FEBRUARY 10) 1997~ UNKNOWN TENANT IN .eY" rhts COfII has no redMiDM.

L] T1'i! CDf1I has btIn redadetj IJ'I'SUIM to . .

POSSESSION I AND UNKNOWN TENANT IN

POSSESSION 2 =l~ or , Qut
"
DefendantIRespondent

Exhibit ID# Date DESCRIPTION OF ITEM Date Evidence

Introduced Admitted as 10#
Evidence

' ...

* Original Adjustable Rate Note ( Home Equity 07/18/2017 PL-l

Conversion)

1
 • Adjustable Rate Home Equity Conversion 07/18/2017 PL-2
Mortgage

• Assignment of Mortgage 07/18/2017 PL-3

., Notice of Default and Intent to Foreclose 07/18/2017 PL-4

l'
",~ Copy of: Home Equity Conversion Loan Agreement 07/18/2017 PL-5

Payoff Statement 07/18/2017 PL 6

, ~
Composite

Evidence received in Clerks' office 07/18/2017

• Origianal Documents kept in Court File

Court Clerk's Signature Date

Attorney for PlaintiffIPetitioner Attorney for Defendant/Respondent

Reverse Mcrtgage Solutions, Inc. PRESORT

2727 Spring Creek Dr. First-el~s Mal

u.s. Postage and

Spring, TX 77377 Fees Paid

WSO

7196 9006 9296 0216 1259

20120608-197

.III II 111 1'1 p 11 11 111 111 It 111111111111111111111 II 1111111111111111

Neil J. Gillespie
Mark Gillespie
8092 SW 115TH LOOP
OCALA, FL 34481-3567

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

Sent Via Certified Mail

Penelope Gillespie

Loan Nwnber: 69977

Property Address: 8092 SW 115TH LOOP

OCALA, FL 34481

NOTICE OF DEFAULT AND INTENT TO FORECLOSE

Dear Penelope Gillespie:

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:

Reverse Mortgage Solutions, Inc.

2727 Spring Creek Drive

Spring, TX 77373

562439 12-02121-1
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~
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.

This matter is very important. Please give it your inunecliate attention.

Sincerely,

Reverse Mortgage Solutions, Inc.

(866) 503-5559

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

TO THE AUTOMATIC STA)7 IN A BANKRUPTCY PROCEEDING; THIS NOTICE IS FOR INFORMATIONAL

PURPOSES ONLY AND DOES NOT CONSTITUTE A DEMAND FOR PAY~NT OR AN ATTEw>T TO COlLECT

AN INDEBTEDNESS AS YOUR PERSONAL OBLIGATION. IF YOU ARE REPRESENTED BY AN ATTORNEY,

PLEASE PROVIDE US WITH THEATTORNEY"'S NAME, ADDRESS AND TELEPHONE NUMBER.

562439 12-02121-1
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