Motion To Disqualify Judge Steven Rogers Filing # 45193448

Filing # 45193448 E-Filed 08/15/2016 03:45:05 AM
THIS IS NOT A COMMERCIAL FORCLOSURE
IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT FLORIDA
IN AND FOR MARION COUNTY
REVERSE MORTGAGE SOLUTIONS, INC.,

CASE NO.: 2013-CA-000115
42-2013-CA-000115-AXXX-XX
Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.
Residential HECM Foreclosure Case

Florida Homestead of Neil J. Gillespie
F.S. 702.015 Note missing
Rule 1.115 Pleading Mortgage Foreclosures
Rule 1.100(c)(2) Civil cover sheet wrong.
F.S. 837.06 False Official Statements
F.S. 92.525 Verification of documents
Defendants.
________________________________________/
MOTION TO DISQUALIFY JUDGE STEVEN ROGERS
by Neil J. Gillespie
This Motion Is Supported By Two Affidavits
AFFIDAVIT OF NEIL J. GILLESPIE TO DISQUALIFY JUDGE STEVEN ROGERS

AFFIDAVIT OF NEIL J. GILLESPIE, Disability and illness have prevented me from
making this motion sooner.
Defendant Neil J. Gillespie moves to disqualify Marion County Circuit Court Judge
Steven Rogers in this case, and states:

1.
I move to disqualify the Honorable Steven Rogers (Judge Rogers) as judge in this action
under Fla. Stat. 38.10, Rule 2.330 Fla. R. Jud. Admin., the Code of Judicial Conduct for the
State of Florida, and Supreme Court of Florida Administrative Order No. AOSC14-66, because I
fear that I will not receive a fair trial in this cause because of specifically described prejudice or
bias of the judge. The specific grounds in support of this motion are as follows:
2.
Judge Rogers was assigned to my residential home foreclosure case, captioned above,
after Judge Jennifer Bass recused herself ex mero motu on May 10, 2016.
3.
I learned on Friday afternoon August 12, 2016 that Judge Rogers has a practice
preference page hosted by the Fifth Judicial Circuit, found at the link below. (Exhibit 1)
http://www.circuit5.org/c5/judges-and-judicial-officers/judges/marion-county-judges/steven-g-rogers-circuit-judge/
The Honorable Steven Rogers

Circuit Judge
Office Information
Marion County Judicial Center
110 N.W. 1st Avenue
Room #507
Ocala, FL 34475
Judicial Assistant: Glenda Reed
Email: greed@circuit5.org
Office: 352-401-7836
2015 Family Court Pretrial/Trial Schedule
http://www.circuit5.org/c5/wp-admin/Docs/Rogers/Judge%20Rogers%202015%20Family%20Court%20Pretrial-Trial%20Schedule.pdf
HEARING REQUESTS & PROCEDURES

http://www.circuit5.org/c5/wp-admin/Docs/Rogers/SRogers%20Hearing%20Requests%20and%20Procedures.pdf
JUDGE ROGERS PROCEDURES FOR CASE MANAGEMENT CONFERENCES

http://www.circuit5.org/c5/wp-admin/Docs/Rogers/Case%20Management%20Conference%20Procedures.pdf
JUDGE ROGERS PROCEDURES FOR DISCOVERY MOTIONS

Form Mediation Order

http://www.circuit5.org/c5/wp-admin/Docs/Rogers/Form%20Mediation%20Order.pdf
ORDER ESTABLISHING MOTION PRACTICE PROCEDURE

http://www.circuit5.org/c5/wp-admin/Docs/Rogers/Motion%20Practice%20Order.pdf
4.
Judge Rogers Circuit Civil page Order Establishing Motion Practice Procedure
http://www.circuit5.org/c5/wp-admin/Docs/Rogers/Motion%20Practice%20Order.pdf
Judge Rogers Order Establishing Motion Practice Procedure requires legal memorandum in
making any written motion or other application to the Court: (Exhibit 2)
It is ADJUDGED that to facilitate an orderly progression of this matter and better
informed decisions by the Court, all future motions shall be filed with the Clerk of the
Court pursuant to Rule 1.080(e), Fla. R. Civ. P., and handled in the following manner:
1. Legal memorandum required. In making any written motion or other application to the
Court for the entry of an order of any kind, the moving party shall file and serve with
such motion or application a legal memorandum with citations to authority in support of
the relief requested...
This requirement exceeds the requirements of the Fla. R. Civ. Pro, and is an unconstitutional
burden on pro se, nonlawyer litigants. Is this Order intended only for Florida licensed attorneys?
There is no information for pro se nonlawyers, or self-represented persons.
5.
Paragraph 12 of the Order Establishing Motion Practice Procedure pertains to
emergency motions (Exhibit 2):

12. Emergency motions. Motions of an emergency nature may be considered and
determined by the Court at any time in its discretion.
6.
I filed an emergency motion, Defendants Verified Emergency ADA Motion To Cancel
Hearing, The Americans With Disabilities Act (ADA) - Cancel Hearing Set For Today At 10:30
AM, see Filing # 45143404 E-Filed 08/12/2016 09:33:17 AM.
7.
My emergency motion was permitted under paragraph 12 of the Order. Judicial Assistant
Glenda Reed called me on August 12, 2016 at 10:58am from 352-401-7836, the Judges office.
8.
Ms. Reed said Judge Rogers saw my emergency motion in the file, proceeded with the
10:30 AM hearing, but she did not know the status of my emergency motion, and said that an
Order would be issued for the hearing. Taking that as true, Judge Rogers violated Canon 3B(8):
Code of Judicial Conduct, Canon 3
B. Adjudicative Responsibilities.
(8) A judge shall dispose of all judicial matters promptly, efficiently, and fairly.
http://www.floridasupremecourt.org/decisions/ethics/canon3.shtml
Judge Rogers saw my emergency motion, but proceeded with the hearing anyway, without
disclosing whether my motion was granted, which denied me the right to appear telephonically,
which was not fair. On February 4, 2013, I gave Notice of Compliance With Rule 2.516, and
Designation of E-mail Address for me, Neil J. Gillespie, neilgillespie@mfi.net (Exhibit 3). Judge
Rogers failed to notify me by email that the hearing would proceed without me, that was not fair.
9.
Ms. Reed said the purpose of her phone call was responding to my telephone voice
message left August 12, 2016 at 9:52 AM to office of Judge Rogers at 352-401-7836 requesting
to appear telephonically, if my emergency motion was not granted. Ms. Reed said she did not get
my message until after the hearing was over.
10.
Prior to my phone message, I faxed Judge Rogers at 352-401-7840, See Defendants
Verified Notice of Filing (Filing # 45188060 E-Filed 08/12/2016 06:19:12 PM).

11.
Ms. Reed did not say whether she or the Judge got my fax before the hearing.
12.
I emailed my fax to the following names.

"Tameka Gordon, ADA Coordinator" <tgordon@circuit5.org>;
"Stefanie Goldblatt" <Stefanie.Goldblatt@cfpb.gov>;
"OIG Hotline" <oighotline@state.gov>;
"McCalla Raymer E-service" <MRService@mccallaraymer.com>;
"Mark Gillespie" <mark.gillespie@att.net>;
"Jane Norberg" <NorbergJ@sec.gov>;
"Greg Harrell" <GHarrell@marioncountyclerk.org>;
"FBI Tampa Division" <tampa.division@ic.fbi.gov>;
"FBI Jacksonville Division" <jacksonville@ic.fbi.gov>;
"David Ellspermann" <Ellspermann@marioncountyclerk.org>;
"Carol Olson" <colson@deccahomes.com>;
"Neil Gillespie" <neilgillespie@mfi.net>;
"Steven Rogers" <srogers@circuit5.org>;
"Richard Cordray" <Richard.Cordray@cfpb.gov>;
"ORHA Board" <orhaboard@yahoo.com>;
"Don Briggs" <dbriggs@circuit5.org >;
"Colleen Murphy " <USAFLM.HUD@usdoj.gov>
Cc: "Neil Gillespie" <neilgillespie@mfi.net>
13.
I received a delivery failure for the following names. Exhibit 4. The names associated
with the email address are incorporated below.

From: <System Administrator>
To: <neilgillespie@mfi.net>
Sent: Friday, August 12, 2016 10:29 AM
4
Subject: Delivery Failure

Could not deliver message to the following recipient(s):
The Honorable Steven Rogers, Circuit Court Judge
Failed Recipient: srogers@circuit5.org
Reason: Remote host said: 550 Sender email address rejected
The Honorable Don Briggs, Chief Circuit Court Judge
Failed Recipient: dbriggs@circuit5.org
Tameka Gordon, ADA Coordinator
Failed Recipient: tgordon@circuit5.org
14.
The Hearing Requests & Procedures page says all scheduling is done via e-mail: For
All Hearing Requests, Email requests to: rogers.hearings@circuit5.org (all scheduling is done
via e-mail). Because I cannot send email to the 5th Judicial Circuit, I am denied access to court.
15.
The Hearing Requests & Procedures page also says, For Case Related Questions or
General Inquiries: Email questions or submissions to greed@circuit5.org. (Exhibit 5). Because I

cannot send email to the 5th Judicial Circuit, I am denied access to court.
16.
On or about March 19, 2015 blocked the email of the 5th Circuits General Counsel
Grace Fagan, (gfagan@circuit5.org) due to her harassment and refusal to provide a response to
my ADA accommodation request made December 10, 2014. In retaliation, I was denied access
to every email ending in @circuit5.org. As a private citizen, I can lawfully block email from a
single bully like Grace Fagan. But the state, here the 5th Judicial Circuit, cannot lawfully deny
me access to every email ending in @circuit5.org without violating my access to courts.
Merits of the Reverse-Mortgage Foreclose Case

Judge Rogers knows, or should know, that he is presiding over Fraud-Closure.
The Plaintiffs Affidavit of Indebtedness shows one borrower: Penelope Gillespie.
The Plaintiff did not sue the only borrower, Penelope Gillespie.
The Plaintiff did not sue the Estate of Penelope Gillespie.
The Plaintiffs Complaint, paragraph 4: Plaintiff is entitled to enforce the Note and
Mortgage, pursuant to F.S. 673.3011, as the owner and holder of an instrument.
I filed Defenses and Claims in Recoupment - Section 673.3051(1)(a)2, Fla. Stat. lack of legal
capacity of the borrower, that extinguished all equities of redemption. (more defenses exist)
Available: Defenses and Claims in Recoupment - Section 673.3051(1)(a)3, Fla. Stat. Fraud
that induced the obligor to sign the instrument with neither knowledge nor reasonable
opportunity to learn of its character or its essential terms.
The Plaintiff does not have standing to sue anyone. The Plaintiff has not complied with F.S.
702.015(4), Elements of complaint; lost, destroyed, or stolen note affidavit.
The copy of the note that Mr. Harrell says is attached to the Complaint is defective and does
not have anything attached, no alonge, and nothing showing a chain of custody. That copy
was taken from my HUD complaint as an example of wrongdoing, not compliance with law.
A Home Equity Conversion Mortgage, or HECM, is a Federal Housing Administration

(FHA) reverse mortgage program administered by the Secretary, U.S. Department of
Housing and Urban Development, 12 U.S.C. 1715z20 et seq. and 24 C.F.R. Part 206.
Florida is a judicial foreclosure state. The citations to Floridas foreclosure statutes are:
Florida Statutes Sections 702.01 through 702.11, and
Florida Statutes Sections 45.031 through 45.0315.
Chapter 702, Foreclosure of Mortgages and Statutory Liens, is a forward foreclosure statute.
Florida does not have a judicial reverse mortgage foreclose statute. Therefore no jurisdiction.
The response January 26, 2016 of Leslie Jacobs for Attorney General Pam Bondi does not
show jurisdiction of the Florida Courts over a disputed HECM. (Exhibit 6).
RMS letter of September 26, 2013: Date of First Legal Filing: 01/02/2013. HECM
foreclosure must commence within 6 months. 24 C.F.R. 206.125(d)(1). The Plaintiffs First
Legal Filing is past the 6 month commencement 24 C.F.R. 206.125(d)(1). (Exhibit 7)
Memorandum of Law
Note: The old Rule 2.160 Fla. R. Judicial Admin. has been replaced by Rule 2.330.
17.
Fla. Code Jud. Conduct, Canon 3E(1) A judge shall disqualify himself or herself where
his or her impartiality might reasonably be questioned. This verified motion shows the
impartiality of Judge Rogers might reasonably be questioned:
Judge Rogers saw my emergency motion, but proceeded with the hearing, without disclosing
whether my motion was granted, which denied me the right to appear telephonically.
Order Establishing Motion Practice Procedure, Legal memorandum required of nonlawyers

is not Constitutional because it exceeds the requirements of the Fla. R. Civ. Pro.
Judge Rogers Hearing Requests & Procedures page says all scheduling is done via email. Because I cannot send email to the 5th Judicial Circuit, I am denied access to court.
Judge Rogers Hearing Requests & Procedures page also says, For Case Related Questions
or General Inquiries: Email questions or submissions to greed@circuit5.org. Because I
cannot send email to the 5th Judicial Circuit, I am denied access to court.
18.
Litigant's right to impartial judge. The importance of the duty of rendering a righteous
judgment is that of doing it in such a manner as would raise no suspicion of the fairness and
integrity of the judge. State ex rel. Arnold v. Revels, 113 So.2d 218, Fla.App. 1 Dist.,1959.
Every litigant is entitled to nothing less than the cold neutrality of an impartial judge, (Mathew
v. State, 837 So.2d 1167, Fla.App. 4 Dist.,2003.) and the law intends that no judge will preside
in a case in which he or she is not wholly free, disinterested, impartial, and independent. State v.
Steele, 348 So.2d 398, Fla.App. 1977. When a judge enters into the proceedings and becomes a
participant, a shadow is cast upon judicial neutrality so that his or her disqualification is
required. Evans v. State, 831 So.2d 808, Fla.App. 4 Dist., 2002.
19.
The conditions requiring the disqualification of the judge to act in that particular case are
prescribed by statute. 38.02 Fla. Stat. The basic tenet for the disqualification of a judge is that a
judge must satisfy the appearance of justice. Hewitt v. State, 839 So.2d 763, Fla.App. 4 Dist.,
7
2003. The question of disqualification focuses on those matters from which a litigant may
reasonably question a judge's impartiality rather than the judge's perception of his or her ability
to act fairly and impartially. Wargo v. Wargo, 669 So.2d 1123, Fla.App. 4 Dist.,1996.
20.
The term "recusal" is most often used to signify a voluntary action to remove oneself as a
judge; however, the term "disqualification" refers to the process by which a litigant may seek to
remove a judge from a particular case. Sume v. State, 773 So.2d 600, Fla.App. 1 Dist.,2000.
Question whether disqualification of a judge is required focuses on those matters from which a
litigant may reasonably question a judge's impartiality rather than the judge's perception of his
ability to act fairly and impartially. Wests F.S.A. Code of Jud. Conduct, Canon 3(E)(1), Stevens
v. Americana Healthcare Corp. of Naples, 919 So.2d 713 (Fla. Dist. Ct. App. 2d Dist. 2006).
Question of disqualification of a trial judge focuses on those matters from which a litigant may
reasonably question a judge's impartiality rather than the court's own perception of its ability to
act fairly and impartially. Wests F.S.A. 38.10, Valdes-Fauli v. Valdes-Fauli, 903 So.2d 214,
Fla.App. 3 Dist.,2005 reh'g denied, (Feb. 17, 2005).
21.
Sufficiency of motion or affidavit of prejudice. A motion to disqualify must show that the
party fears that he or she will not receive a fair trial or hearing because: (1) of a specifically
described prejudice or bias of the judge; Fla. R. Jud. Admin., Rule 2.160 (d)(1). Generally, the
critical determination in deciding the legal sufficiency of a motion to disqualify has been
whether the facts alleged would prompt a reasonably prudent person to fear he or she would not
receive a fair trial, Barnhill v. State, 834 So.2d 836 Fla., 2002. If a motion to recuse is
technically sufficient and the facts alleged therein also would prompt a reasonably prudent
person to fear that he or she could not get a fair and impartial trial from the judge, the motion is
legally sufficient and should be granted. Coleman v. State, 866 So.2d 209, Fla.App. 4 Dist.,2004.
The motion to disqualify a judge should contain facts germane to the judge's undue bias,
prejudice, or sympathy. Chamberlain v. State, 881 So.2d 1087, Fla.,2004.
22.
Whether a motion to disqualify a judge is legally sufficient requires a determination as to
whether the alleged facts would create in a reasonably prudent person a well-founded fear of not
receiving a fair and impartial trial. Fla. R. Jud. Admin., Rule 2.160 (f), Rodriguez v. State, 919
So.2d 1252, Fla.,2005, as revised on denial of reh'g, (Jan. 19, 2006). The primary consideration
in determining whether motion to disqualify trial judge should be granted is whether the facts
alleged, if true, would place a reasonably prudent person in fear of not receiving a fair and
impartial trial. Arbelaez v. State, 898 So.2d 25, Fla.,2005, reh'g denied, (Mar. 18, 2005). A
motion for disqualification must be granted if the alleged facts would cause a reasonably prudent
person to have a well-founded fear that he/she would not receive a fair and impartial trial. Jarp v.
Jarp, 919 So.2d 614, Fla.App. 3 Dist.,2006. The test a trial court must use in determining
whether a motion to disqualify a judge is legally sufficient is whether the facts alleged would
place a reasonably prudent person in fear of not receiving a fair and impartial trial. Scott v. State,
909 So.2d 364, Fla.App. 5 Dist.,2005, reh'g denied, (Sept. 2, 2005). The motion to disqualify a
judge must be well-founded and contain facts germane to the judge's undue bias, prejudice, or
sympathy. Scott v. State, 909 So.2d 364, Fla.App. 5 Dist.,2005, reh'g denied, (Sept. 2, 2005).
23.
Disqualification is required when litigants demonstrate reasonable, well-grounded fear
that they will not receive fair and impartial trial, or that judge has pre-judged case. Williams v.
Balch, 897 So.2d 498, Fla.App. 4 Dist., 2005.
24.
Time for filing motion; waiver of objection. A motion to disqualify shall be filed within a
reasonable time not to exceed 10 days after discovery of the facts constituting the grounds for the
motion and shall be promptly presented to the court for an immediate ruling. Fla. R. Jud.
Admin., Rule 2.160(e). Although a petition to disqualify a judge is not timely filed,
extraordinary circumstances may warrant the grant of an untimely motion to recuse. KlapperBarrett v. Nurell, 742 So.2d 851, Fla.App. 5 Dist.,1999.
25.
Judicial determination of initial motion. The judge against whom an initial motion to
disqualify us directed shall determine only the legal sufficiency if the motion an shall not pass on
the truth of the facts alleged. Fla. R. Judicial Admin. 2.160(f). No other reason for denial shall
be stated, and an order of denial shall not tale issue with the motion. Fla. R. Judicial Admin.
2.160(f). Accordingly, a judge may not rule on the truth of the facts alleged or address the
substantive issues raised by the motion but may only determine the legal sufficiency of the
motion. Knarich v. State, 866 So.2d 165 (Fla. Dist. Ct. App. 2d Dist. 2004). In determining
whether the allegations that movant will not receive a fair trial so as to disqualify a judge are
sufficient, the facts alleged must be taken as true (Frengel v. Frengel, 880 So.2d 763, Fla.App. 2
Dist.,2004), and must be viewed from the movant's perspective. Siegel v. State, 861 So.2d 90,
Fla.App. 4 Dist.,2003.
26.
Case law forbids trial judges to refute facts set forth in a motion to disqualify, and their
doing so will result in judicial disqualification irrespective of the facial sufficiency of the
underlying claim. Brinson v. State, 789 So.2d 1125, Fla.App. 2 Dist.,2001. A trial judge's
attempt to refute charges of partiality thus exceeds the scope of inquiry on a motion to disqualify
and alone establishes grounds for disqualification. J & J Industries, Inc. v. Carpet Showcase of
Tampa Bay, Inc., 723 So.2d 281, Fla.App. 2 Dist.,1998.
27.
Whether the motion is legally sufficient is a pure question of law; it follows that the
proper standard of review is the de novo standard (Sume v. State, 773 So.2d 600 Fla.App. 1
Dist.,2000) and an order denying a motion to disqualify a trial judge is reviewed for abuse of
10
discretion. King v. State, 840 So.2d 1047, Fla.,2003.

28.
Once a motion for disqualification has been filed, no further action can be taken by the
trial court, even if the trial court is not aware of the pending motion. Brown v. State
863 So.2d 1274, Fla.App. 1 Dist.,2004. A judge presented with a motion to disqualify him- or
herself must rule upon the sufficiency of the motion immediately and may not consider other
matters before considering the disqualification motion. Brown v. State 863 So.2d 1274, Fla.App.
1 Dist.,2004. The court is required to rule immediately on the motion to disqualify the judge,
even though the movant does not request a hearing. Fuster-Escalona v. Wisotsky, 781 So.2d
1063, Fla.,2000. The rule places the burden on the judge to rule immediately, the movant is not
required to nudge the judge nor petition for a writ of mandamus. G.C. v. Department of Children
and Families, 804 So.2d 525 Fla.App. 5 Dist., 2002.
Certification. The undersigned movant certifies that the motion and the movant's statements
are made in good faith.
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
The Hon. Steven Rogers, Circuit Court Judge, Fifth Judicial Circuit, 110 NW 1st Ave. Ocala, FL
34475 Email: srogers@circuit5.org, was served through the portal as shown on the service list,
and a paper copy by U.S. Mail.
11
Service List August 15, 2016

I hereby certify the following names were served by email today August 15, 2016 through the
Florida Portal.
Office of Inspector General, OIGHotline
c/o Board of Governors of
the Federal Reserve System
20th Street and Constitution Avenue, NW
Mail Stop K- 300
Washington, DC 20551
Email: OIGHotline@frb.gov
CFPB Complaint No. 120914-000082
Jane Norberg, Acting Chief

SEC Office of the Whistleblower
100 F Street NE
Phone: (202) 551-4790
Fax: (703) 813-9322
Email: NorbergJ@sec.gov
The Honorable Richard Cordray, Director

Consumer Finance Protection Bureau
1700 G Street, NW
Email: Richard.Cordray@cfpb.gov
Stefanie Isser Goldblatt

Senior Litigation Counsel
Enforcement Division
Consumer Finance Protection Bureau
Email: Stefanie.Goldblatt@cfpb.gov
FBI Tampa Division

Special Agent in Charge, Paul Wysopal
Website: https://www.fbi.gov/tampa
Email: tampa.division@ic.fbi.gov
FBI Jacksonville Division

Special Agent in Charge, Michelle S. Klimt
Website: https://www.fbi.gov/jacksonville
Email: jacksonville@ic.fbi.gov
The Honorable Don F. Briggs

Chief Judge, Fifth Judicial Circuit
Lake County Judicial Center
550 W. Main Street
Tavares, FL 32778-7800.
Tel. 352-742-4224
Email: dbriggs@circuit5.org
The Honorable Steven Glen Rogers

Circuit Court Judge
Fifth Judicial Circuit
110 NW 1st Ave. Room 507
Ocala, FL 34475
Tel: 352-401-7836
Email: srogers@circuit5.org
Mr. Curtis Wilson, Esq.

McCalla Raymer, LLC
225 E. Robinson Street, Ste. 660
Orlando, FL 32801
Email: MRService@mccallaraymer.com
Ms. Colleen Murphy Davis, AUSA

400 N. Tampa Street, Suite 3200
Tampa, FL 33602
Email: USAFLM.HUD@usdoj.gov
JAXSFFORECLOSURES@hud.gov
JAXSFORECLOSURES@hud.gov
lydia.a.brush@gmail.com
Gregory C. Harrell
General Counsel to David R. Ellspermann,
Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
Email: gharrell@marioncountyclerk.org
David R. Ellspermann Marion County Clerk

of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
Email: Ellspermann@marioncountyclerk.org
Development & Construction Corporation

of America, c/o Carol Olson, Vice President
of Administration and Secretary-Treasurer,
for RA Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Email: colson@deccahomes.com
Oak Run Homeowners Association, Inc.

c/o Board of Directors, orhaboard@yahoo.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
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
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
Elizabeth Bauerle n/k/a Elizabeth Bidgood
8092 SW 115th Loop
Ocala, FL 34481
Unknown spouse of Elizabeth Bidgood,

n.k.a. Scott Bidgood
8092 SW 115th Loop
Ocala, FL 34481
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
STATE OF FLORIDA
COUNTY OF MARION
1111111111111111111111111111111111111111
)
) SS.:
)
DAVID R EllSPERMANN CLERK & COMPTROLLER MARION
AFFIDAVIT
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
co
DATE: 02/03/2015 11 :55:32 AM

FILE #: 2015009748 OR BK 6161 PGS 1844-1845
REC FEES: $18.50 INDEX FEES: $0.00
DDS: $0 MDS: $0 INT: $0
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.
(SEAL)
Notary Public State of Florida
Angelica Cruz
NOTAR
My Commission EE067986
Expires 02127/2015
UBLIC
~(?JI(s2.
Lr0L
Print Na of Notary PublIc
My Commission Expires: --2J......;;J;_~-=.._'_)5
Book6161/Page1845
CFN#2015009748
Page 2 of 2
State of Florida Fifth Judicial Circuit

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8/12/2016 1:04 PM
ORDER ESTABLISHING MOTION PRACTICE PROCEDURE

It is ADJUDGED that to facilitate an orderly progression of this matter and
better informed decisions by the Court, all future motions shall be filed with the
Clerk of the Court pursuant to Rule 1.080(e), Fla. R. Civ. P., and handled in the
following manner:
1.
Legal memorandum required. In making any written motion or
other application to the Court for the entry of an order of any kind, the moving
party shall file and serve with such motion or application a legal memorandum
with citations to authority in support of the relief requested. A supporting
memorandum may be incorporated into the body of the motion but should be
clearly titled, "Motion to/for------------and Memorandum of Law."
The following motions need not be accompanied by a
memorandum of law:
a.
motion for continuance;
b.
motion for default addressed to the Court;
c.
motion for confirmation of sale;
d.
motion to withdraw or substitute exhibits;
e.
motion to proceed informa pauperis;
f.
motion for extension of time in which to complete discovery,
provided good cause is set forth in the motion; and

g.
2.
motion to withdraw or substitute counsel.
Timely opposing memoranda. Each party opposing any written
motion or other application shall file and serve, within twenty (20) days after
being served with such motion or application, a legal memorandum with citations
to authority in opposition to the relief requested. Failure to respond within the
time allowed may be deemed sufficient cause for granting the motion by default
or for the Court to construe that there is no objection to the motion. If a party has
no objection to a motion and does not intend to file a responsive memorandum,
counsel should file a written notice with the Clerk of the Court so indicating.
3.
Replies. If upon receipt of an opposing memorandum, counsel
determines further argument of his clients position is required, counsel shall file
a reply within five (5) days of the receipt of opposing memorandum.
4.
Discovery motions accompanied by good faith certification. Before
filing a motion to compel pursuant to Rule 1.380, Fla. R. Civ. P., or a motion for
protective order pursuant to Rule 1.280(c), counsel shall confer and correspond
with counsel for the opposing party in a good faith effort to resolve by agreement
the issues raised, and shall certify to the Court at the time of filing the motion that
s/he has conferred with opposing counsel and has been unable to resolve the
dispute and shall attach to the motion a copy of the correspondence with
opposing counsel of the good faith effort to resolve the discovery dispute. The
failure to comply with this paragraph may result in the Court entering an order
striking, without prejudice, the discovery motion.
5.
Content of discovery motions. Except for motions grounded upon a
complete failure to respond to discovery, discovery motions shall: (1) quote in full
each interrogatory, question on deposition, request for admission, or request for
production to which the motion is addressed; (2) quote in full the objection and
grounds given therefore; and (3) state (with citations to authority) the reasons
such objection should be overruled or sustained. If there is an allegation in the
motion to compel of a complete failure to respond or object to discovery and
there has been no request for an extension of time, then the Court may enter an
ex parte order compelling discovery. See, Waters v. American General
Corporation, 770 So. 2d 1275 (Fla. 4th DCA 2000).
6.
Oral argument. Motions and other applications will ordinarily be
determined by the Court on the basis of motion papers and legal memoranda
unless a hearing is required by rule or law. (For example, under Rule 1.510, Fla.
R. Civ. P., summary judgment motions must be set for hearing. This would
not, however, extinguish the requirement that the motion be accompanied by and
responded to with memoranda taking into consideration the time frame under
Rule 1.510, Fla. R. Civ. P., for filing supporting and opposing affidavits, etc.)
The Court may permit oral argument upon the written request of
any interested party or upon the Courts own motion. Requests for oral argument
must accompany the motion or opposing legal memorandum and must estimate
the time required for argument. When a request for hearing is granted, counsel
for the requesting party will be asked to coordinate the calendars of the Court
and counsel or the Court, on its own, may schedule the hearing.
7.
Page limitation. Absent prior permission of the Court, no party shall
file a legal memorandum in excess of fifteen (15) pages in length.

8.
Motions to be filed with the Clerk. All original pleadings and papers
shall be filed with the Clerk of the Court.
9.
Form of motions. All applications to the Court requesting relief in
any form, or citing authorities or presenting argument with respect to any matter
awaiting decision, shall be made in writing in accordance with this order and in
appropriate form pursuant to the Florida Rules of Civil Procedure, and unless
invited or directed by the Court, should not be addressed or presented to the
Court in the form of a letter or the like.
10.
Time calculations. All time calculations herein shall be subject to
Rule 1.090, Fla. R. Civ. P.

11.
In limine motions. Unless oral argument is requested and granted,
or otherwise ordered by the Court, in limine motions will be resolved without a

hearing. All motions in limine must be filed no later than 15 days before the start
of the trial term or the Court may deny the motion as being untimely.
12.
Emergency motions. Motions of an emergency nature may be
considered and determined by the Court at any time in its discretion.

13.
Proposed Orders. EACH PARTY SHALL SUBMIT A PROPOSED
ORDER TO THE COURT.

FAILURE OF EITHER PARTY TO COMPLY WITH THE TERMS OF THIS
ORDER MAY RESULT IN THE STRIKING OF PLEADINGS AND/OR THE
MOTION(S) OR PARTS OF THEM OR STAYING FURTHER PROCEEDINGS
UNTIL THIS ORDER IS COMPLIED WITH OR DISMISSING THE ACTION OR
RENDERING JUDGMENT BY DEFAULT AGAINST THE NONCOMPLIANT
PARTY.
IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT OF FLORIDA
CASE NO.: 2013-115-CAT
Plaintiff,
vs.
DATED FEBRUARY 10, 1997, et al.,
Defendants.
_____________________________________/
NOTICE OF COMPLIANCE WITH RULE 2.516
AND DESIGNATION OF E-MAIL ADDRESS
NEIL J. GILLESPIE
NEIL J. GILLESPIE CO-TRUSTEE OF THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1997
Pursuant to Rule 2.516, the undersigned designates the following email address for the
purpose electronic service of documents and pleadings in this case:
RESPECTFULLY SUBMITTED February 4, 2013
NEIL J. GILLESPIE
8092 SW 115th Loop
Telephone: (352) 854-7807
Page 1 of 2
Neil Gillespie
From:
To:
Sent:
Subject:
<System Administrator>
<neilgillespie@mfi.net>
Friday, August 12, 2016 10:29 AM
Delivery Failure
Could not deliver message to the following recipient(s):

Failed Recipient: srogers@circuit5.org
Failed Recipient: dbriggs@circuit5.org
Failed Recipient: tgordon@circuit5.org
-- The header and top 20 lines of the message follows -Received: from owner35a3a1404 (fl-184-4-129-35.dhcp.embarqhsd.net [184.4.129.35]) by smtp.mfi.net
with SMTP;
Fri, 12 Aug 2016 10:28:04 -0400
Message-ID: <D3EC0B6937014091AEE6FA7CF811C766@owner35a3a1404>
From: "Neil Gillespie" <neilgillespie@mfi.net>
To: "Tameka Gordon, ADA Coordinator" <tgordon@circuit5.org>,
"Stefanie Goldblatt" <Stefanie.Goldblatt@cfpb.gov>,
"OIG Hotline" <oighotline@state.gov>,
"McCalla Raymer E-service" <MRService@mccallaraymer.com>,
"Mark Gillespie" <mark.gillespie@att.net>,
"Jane Norberg" <NorbergJ@sec.gov>,
"Greg Harrell" <GHarrell@marioncountyclerk.org>,
"FBI Tampa Division" <tampa.division@ic.fbi.gov>,
"FBI Jacksonville Division" <jacksonville@ic.fbi.gov>,
"David Ellspermann" <Ellspermann@marioncountyclerk.org>,
"Carol Olson" <colson@deccahomes.com>,
"Neil Gillespie" <neilgillespie@mfi.net>,
"Steven Rogers" <srogers@circuit5.org>,
"Richard Cordray" <Richard.Cordray@cfpb.gov>,
"ORHA Board" <orhaboard@yahoo.com>,
"Don Briggs" <dbriggs@circuit5.org >,
"Colleen Murphy " <USAFLM.HUD@usdoj.gov>
Subject: Fax to The Honorable Steven Rogers
Date: Fri, 12 Aug 2016 10:28:01 -0400
MIME-Version: 1.0
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boundary="----=_NextPart_000_0004_01D1F484.34116270"
X-Priority: 3
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8/12/2016
Page 2 of 2
X-Mailer: Microsoft Outlook Express 6.00.2900.5931

Disposition-Notification-To: "Neil Gillespie" <neilgillespie@mfi.net>
X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6157
This is a multi-part message in MIME format.
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<HTML><HEAD>
8/12/2016
HEARINGREQUESTS&PROCEDURES:
ForAllHearingRequests:
Emailrequeststo:rogers.hearings@circuit5.org(allschedulingisdoneviaemail)
Pleaseprovidethecasename&numberintheSubjectline,&includeintherequestthe
titleoftheMotion(allmotionsneedtobeefiledpriortotheschedulingofahearing)
andtheamountoftimerequested.
ForCaseRelatedQuestionsorGeneralInquiries:
Emailquestionsorsubmissionstogreed@circuit5.org
NOTE:
AllmotionsneedtobeefiledtotheClerkoftheCourt.*
Proposedordersmaybeforwardedto:greed@circuit5.orgIFallpartiesincludedinthe
CertificateofServicemaybeservedviaemail.
IftherearepartiestotheactionthatrequireserviceoftheOrderviaU.S.Mailthe
proposedOrder,aswellascopiesforconforming&selfaddressed/postagepaid
envelopesforthoseparticularparties,needtobeforwardedbymailtotheJudges
officeat:110NW1stAvenue,Suite507,Ocala,FL34475.
Forall(remaining)partiesthathaveadesignatedemailaddressonfile,signedOrders
willbeforwardedviaemail.
*Pleaseincludethedesignatedemailaddress(oraddresses,maximumof3)fortheattorneys
officeinthesignatureblockofeachfiledMotion.
VIA Email: pam.bondi@myfloridalegal.com
January 21, 2016
Attorney General Pam Bondi

Office of Attorney General
State of Florida
The Capitol PL-01
Tallahassee, FL 32399-1050
Public Records Request. F.S. 119.07(1)(c) All public records requests shall be acknowledged
promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.
Dear Attorney General Bondi:
As the statewide elected official directed by the Florida Constitution to serve as the chief
legal officer for the State of Florida (Exhibit 1):
1.
Provide records showing jurisdiction of Florida courts over a disputed foreclosure of a
federal reverse mortgage, called a HECM, or Home Equity Conversion Mortgage:
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.
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).
2.
On information and belief, when a substantial disputed issue of federal HECM law is a
necessary element of the foreclosing Plaintiffs state law claim that a HECM is due and payable,
the U.S. district court has subject matter jurisdiction under 28 U.S.C. 1331 and the U.S.
Constitution, Article III, Section 2 for all cases, in law and equity, arising under this
Constitution, [and] the laws of the United States, and the Due Process Clause of the Fifth
Amendment and Fourteenth Amendment of the Constitution of the United States:
The Constitution states only one command twice. The Fifth Amendment says to the
federal government that no one shall be "deprived of life, liberty or property without due
process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven
words, called the Due Process Clause, to describe a legal obligation of all states. These
words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures. (Cornell Law LII)
http://www.law.cornell.edu/wex/due_process
Attorney General Pam Bondi

Office of Attorney General
State of Florida
PUBLIC RECORDS REQUEST
January 21, 2016

Page - 2
A property right can be created only by state law. Once a property right is established, the
determination of what process is due before that right can be deprived is a question answered by
the federal Constitution. Kingsford v. Salt Lake City Sch. Dist., 247 F.3d 1123 (10th Cir. 2001).
U.S. Judge Thomas W. Thrash, Jr. in Thompson-El v. Bank of America, 1:12-CV-840TWT, District Court, N.D. GA held in an Order entered December 12, 2012:
Federal question cases are those arising under the Constitution, laws, or treaties of the
United States. 28 U.S.C. 1331 A case arises under federal law if federal law creates
the cause of action, or if a substantial disputed issue of federal law is a necessary element
of a state law claim. Pacheco de Perez v. AT&T Co., 139 F.3d 1368, 1373 (11th Cir.
1998) (citing Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for S.
Cal., 463 U.S. 1, 13 (1983)).
Thank you for the courtesy of a response.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Tel. 352-854-7807
Cc: Leslie Jacobs, Email: Leslie.Jacobs@myfloridalegal.com
Enclosure
Page 1 of 2
Neil Gillespie
From:
To:
Sent:
Subject:
"Leslie Jacobs" <Leslie.Jacobs@myfloridalegal.com>

"Neil Gillespie" <neilgillespie@mfi.net>
Tuesday, January 26, 2016 3:08 PM
Re: Fw: Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016
January 26, 2016

Mr. Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Via email neilgillespie@mfi.net
Dear Mr. Gillespie:
This will respond to your January 21, 2016 email in which, pursuant to Ch. 119, F.S., you make the
following request for public records:
1. Provide records showing jurisdiction of Florida courts over a disputed foreclosure of a
federal reverse mortgage, called a HECM, or Home Equity Conversion Mortgage:
A Home Equity Conversion Mortgage, or HECM, is a Federal Housing Administration (FHA)
2. On information and belief, when a substantial disputed issue of federal HECM law is a
necessary element of the foreclosing Plaintiffs state law claim that a HECM is due and payable, the
U.S. district court has subject matter jurisdiction under 28 U.S.C. 1331 and the U.S. Constitution,
Article III, Section 2 for all cases, in law and equity, arising under this Constitution, [and] the laws
of the United States, and the Due Process Clause of the Fifth Amendment and Fourteenth Amendment
of the Constitution of the United States:
The Constitution
Our Office does not have any documents responsive to your specific inquiry dated January 21, 2016
regarding Home Equity Conversion Mortgages (HECM). The HECM is the reverse mortgage program
run through the Federal Housing Authority. In furtherance of trying to assist you, additional information
about that federal program may be found at:
http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/hecm/rmtopten
Thank you for the opportunity to assist you in this matter.
Sincerely,
Leslie Jacobs
Public Records Coordinator
Office of the Attorney General

PL 01, The Capitol
Tallahassee, FL 32399-1050
(850) 245-0140(o)
(850) 487-2564 (f)
"Neil Gillespie" ---01/26/2016 12:08:55 PM---TO: Attorney General Pam Bondi: I do not have an
8/15/2016
Page 2 of 2
acknowledgment for this record request. cc: Leslie

From: "Neil Gillespie" <neilgillespie@mfi.net>
To: "Pam Bondi" <pam.bondi@myfloridalegal.com>, "Leslie Jacobs" <Leslie.Jacobs@myfloridalegal.com>

Date: 01/26/2016 12:08 PM
Subject: Fw: Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016
TO: Attorney General Pam Bondi: I do not have an acknowledgment for this record request.
cc: Leslie Jacobs.
Public Records Request. F.S. 119.07(1)(c) All public records requests shall be acknowledged
promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.
----- Original Message ----From: Neil Gillespie
To: Pam Bondi ; Leslie Jacobs
Cc: Neil Gillespie
Sent: Thursday, January 21, 2016 8:40 AM
Subject: Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016
[attachment "Record Request_HECM_Reverse_Mortgage_to_FlaAttyGen_Jan-21-2016.pdf" deleted by
Leslie Jacobs/OAG]
8/15/2016
http://myfloridalegal.com/pages.nsf/Main/F06F66DA272F37C885256CCB0051916F
The Role and Function of the Attorney General

The Attorney General is the statewide elected official directed by the Florida Constitution to serve as the chief
legal officer for the State of Florida. The Attorney General is responsible for protecting Florida consumers
from various types of fraud and enforcing the states antitrust laws. Additionally, the Attorney General protects
her constituents in cases of Medicaid fraud, defends the state in civil litigation cases and represents the people
of Florida when criminals appeal their convictions in state and federal courts.
Within the Attorney Generals Office is the Office of Statewide Prosecution that targets widespread criminal
activities throughout Florida including identity theft, drug trafficking and gang activity. The Attorney
General's Office also conducts various programs to assist victims of crime.
The Attorney General defends the constitutionality of statutes duly enacted by the Legislature and is
authorized to issue formal legal opinions at the request of various public officials on questions relating to the
application of state law. The Office of the Attorney General houses the Florida Commission on the Status of
Women and the Council on the Social Status of Black Men and Boys. Also housed within the Attorney
Generals Office is the Office of Civil Rights, which investigates and takes legal action against violations of
Floridians civil rights.
The Attorney General serves as a member of the Florida Cabinet along with the Chief Financial Officer and
the Commissioner of Agriculture. As a Cabinet member, the Attorney General serves on the Clemency Board
and as a member of the various Cabinet boards and commissions that address state lands, state investments, and
rules pertaining to insurance and financial regulation. Also as a Cabinet member, the Attorney General serves,
collectively as agency head for the Departments of Highway Safety and Motor Vehicles, Law Enforcement,
Revenue and Veterans Affairs.
Frequently Asked Questions

AG Services and Units
Addresses, phone numbers and fax numbers for divisions and branch offices
Maps with directions for visiting our offices
Contact us
Florida Toll Free Numbers:
- Fraud Hotline 1-866-966-7226
2727 Spring Creek Drive

Spring, TX 77373
DEVAL LLC
Westpoint 1
Suite 300
1255 Corporate Drive
Irving, Texas 75038
9/26/2013
September 26, 2013

Page 1 of 1
Dear Sir/Madam:
Please accept this letter to serve as our formal notification of the filing of the first
legal action in regards to the foreclosure action on the below loan.
FHA Case Number: 091-4405741
Borrower Name: Penelope M Gillespie
Property Address: 8092 SW 115th Loop, Ocala, FL 34481
Date of First Legal Filing: 01/02/2013
Reason for Referral: Death
Thank You,
Default Management
Debbie Sims
Loan Skey: 69977
Filing # 45193448 E-Filed 08/15/2016 03:45:05 AM
IN 1HE CIRCUIT COURT OF THE


CASE NO.: 2013-CA-OOOI15
42-2013-CA-OOOI15-AXXX-XX
Plaintiff,
vs.
Residential DECM Foreclosure Case


Defendants.
- - - - - - - - - - - - - - - - -/
AFFIDAVIT OF NEIL J. GILLESPIE TO DISOUALIFY JUDGE STEVEN ROGERS

STATE OF FLORIDA
COUNTY OF MARION
)
) SS.:
)
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being dilly
1.
I am over the age of eighteen and competent to testify as to the facts and matters herein.
2.
I make this affidavit upon personal knowledge unless expressly stated otherwise.
3.
My verified motion to disqualify Judge Steven Rogers is true, correct and accurate.
4.
I have a reasonable fear of not receiving a fair trial before Judge Steven Rogers and
becoming the target of further deprivation of rights under color of law, intimidation, interference,
and/or retaliation in part for having exercised and asserted my rights, including but not limited
to, having opposed acts and practices taken by him against me prohibited by the Florida Code of
Judicial Conduct in this matter, and his wrongful deprivation of my rights under color of law.
5.
My reasonable fear is further based upon the grolDlds stated in my verified motion to
disqualify Judge Steven Rogers, which are by reference incorporated herein. My verified motion
to disqualify Judge Steven Rogers states those grounds, which need not be repeated herein.
6.
The acts and conduct of Judge Steven Rogers have caused me grave and serious injustice,
and inflicted upon me cruel, inhumane, and degrading treatment, including but not limited to,
disability discrimination, and deprivation of rights lDlder color of law.
FURlHER AFFIANT SAYETH NOT.
Sworn to and subscribed before me this ~ day of August, 2016, by Neil J. Gillespie, who is
~
as identification.
personally known to me, or who has produced
VALERIO STRAZZULLA 6-~1J --63D-tb-~'- 0
(SEAL)
NOTARY PUBLIC
n.
"
~
~~
STATE OF FLORIDA
Ccxm1II FF114792
Expires 4/2112018
My Commission Expires:
-N-E-~T~~~B~LI:O-I-C--~~-'---
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l,f'u/rfa
8-'fduvl l'J
Print Name of Notary Public
Filing # 45193448 E-Filed 08/15/2016 03:45:05 AM
IN 1HE CIRCUIT COURT OF 1HE


CASE NO.: 2013-CA-000115
42-2013-CA-000115-AXXX-XX
Plaintiff:
vs.
Residential HECM Foretlosure Case

Defendants.
- - - - - - - - - - - - - - - - -/
AFFIDAVIT OF NEIL J. GILLESPIE
STATE OF FLORIDA
)
) SS.:
COUNTY OF MARION )
BEFORE ME this day personally appeared NEIL J. GILLESPIE who, being duly sworn
deposes and says:
I.
I am over the age of eighteen and competent to testify as to the facts and matters herein.
2.
I make this affidavit upon personal knowledge unless expressly stated othenvise.
3.
Paragraph 18 of Defendants' Verified Emergency ADA Motion To Cancel Hearing, The
Americans With Disabilities Act (ADA) - Cancel Hearing Set For Today At 10: 30 AM states:
"Disability and illness have prevented me from making this motion sooner."
4.
I sought private cOlBlsel to represent me in this case, by email on Tuesday, August 09,
2016 at 5:55 PM. My email to Dawn Ellis, Esq., a Florida licensed lawyer whom I found
recommended on a foreclosure website, appears at Exhibit I with her response. Ms. Ellis
declined representation by email on Wednesday, August 10, 2016 at 9:15 AM, stating, "I'm
sorry I don't handle that type of matter. Best of luck to you. Thank you, Dawn Ellis, Esq."
5.
Since early June, 2016 I had a series of unforeseen medical problems, including:
On June 7, 2016 the crown on my tooth #18 broke and fell out.
On June 8, 2016 my dentist, Dr. Stephen Dunn, DDS, examined me at his office in Ocala
and said tooth # 18 could not be saved. Oral surgery of erupted was needed to remove the
roots, $242.00. Due to indigence I postponed the surgery until July 2016.
On June 17, 2016 I was examined for pain at tooth #2. The tooth was beyond repair. Oral
surgery of erupted was diagnosed, $242.00. Amoxicillin 500 MGx 28 was prescribed.
On July 5, 2016 I injured my tongue while eating. Dr. Dunn found a pwcture wound,
prescribed Peridex rinse, and postponed oral surgery of erupted tooth #2, #18. Exhibit 2.
On August 4, 2016 Dr. Dunn surgically removed erupted tooth #2 and erupted #18.
Amoxicillin 500 MG x 28 and pain medication prescribed. Suture removal is
scheduled for Monday August 15, 2016 at 2:00 PM. Exhibit 3.
6.
Since July 17, 2016 I was without the drug Nuvigil. The TevaCares Foundation notified
me by letter August 3, 2016 that my annual application for Nuvigil was approved. (Exhibit 4).
Nuvigl helps me focus, but is too costly for me to buy. I have been on the program for several
years, but gaps in coverage occur during the annual application when paperwork is missing.
7.
My sync-your-refills program does not sync narcotic medications, which ran out before
my SS disability income arrived. Variation in pay dates means a gap in coverage for other meds.
FURTHER AFFIANT SAYETH NOT.
Sworn to and subscribed before me this ~ day of August, 2016, by Neil J. Gillespie, who is
as identification.
personally known to me, or who has produced fL 'b
VALERIO STRAZZUlLA '-lit, \- 630,5(;,,0cplf..O
NOTARYPUBUC
(sEAL)
STATE OF FLORIDA
~_~
Ccmrn# FF114792
expires 4/2112018
My Commission Expires:
4/"11/ '0
~--:::;t1""'C~~~~~----a.r;.~~~---
LIG
!h>L&.v;o
S.\-'r.)zZ-Jlb..
Print Name of Notary Public
Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Subject:
"Dawn Ellis" <dawn@myfloridaprobate.com>

"Neil Gillespie" <neilgillespie@mfi.net>
Wednesday, August 10, 2016 9:15 AM
RE: request representation
Im sorry I dont handle that type of matter. Best of luck to you.
Thank you,
Dawn Ellis, Esq.
My Florida Probate, PA
PO Box 952
Floral City, FL 34436-0952
(352) 726-5444
Fax (352) 726-6117
dawn@myfloridaprobate.com (preferred)
IMPORTANT: This e-mail is subject to the Electronics Communications Privacy Act, 18 U.S.C. 25102521, and contains information which is or may be confidential and/or privileged. The information
contained in this e-mail message, together with any attachments or links contained herein, is strictly
confidential and intended only for the use of the recipient named above. If the reader of this email is not the
intended recipient, you are notified that any use, distribution, or copying of this communication is
STRICTLY PROHIBITED. If you receive this communication in error, please notify Dawn Ellis,
immediately by telephone (352) 726-5444, or (866) 465-8046 and return the original message to her at the
above address via the United States Postal Service. Thank You.
From: Neil Gillespie [mailto:neilgillespie@mfi.net]

Sent: Tuesday, August 09, 2016 5:55 PM
To: Dawn Ellis
Cc: Neil Gillespie
Subject: request representation
Dawn Ellis, Esq.

My Florida Probate, P.A.
Dear Ms. Ellis,
Can you represent me in a reverse mortgage foreclosure? The case is in Marion County, Reverse
Mortgage Solutions, Inc. vs. Neil J. Gillespie et al, 2013-CA-000115. The case involves my deceased
mother, Penelope Gillespie, and a family living trust (now terminated, see attached). I suspect the
Plaintiff will try to raise probate issues as well. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
1
8/13/2016
Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
STATE OF FLORIDA
COUNTY OF MARION
1111111111111111111111111111111111111111
)
) SS.:
)
DAVID R EllSPERMANN CLERK & COMPTROLLER MARION
AFFIDAVIT
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly
I.
My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on
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
co
DATE: 02/03/2015 11 :55:32 AM

FILE #: 2015009748 OR BK 6161 PGS 1844-1845
REC FEES: $18.50 INDEX FEES: $0.00
DDS: $0 MDS: $0 INT: $0
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,
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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.
(SEAL)
Notary Public State of Florida
Angelica Cruz
NOTAR
My Commission EE067986
Expires 02127/2015
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Print Na of Notary PublIc
My Commission Expires: --2J......;;J;_~-=.._'_)5
Book6161/Page1845
CFN#2015009748
Page 2 of 2
VIA Email: DrDunn@Ocalasdentist.com
July 6, 2016
Dr. Stephen Dunn, DDS, PA

7555 SW State Rd 200
Ocala, FL 34476
Tel. (352) 873-2000, Fax: (352) 873-2002
www.Ocalasdentist.com
RE: Tongue injury sustained July 5, 2016, and appointment July 7, 2016 @2:30 PM for removal
of erupted tooth #18, and for removal of erupted tooth #2
Dear Dr. Dunn,
Yesterday evening July 5, 2016 I bit my tongue while having dinner at the Bob Evans restaurant
in Ocala. When I arrived home I noticed my tongue was bleeding a lot, and my tongue was
painful. I removed from my mouth what appears to be parts of my tongue, or blood clots, from
the bite area. Embedded below are images of what I removed from my mouth.
I seriously considered going to the West Marion Hospital ER last night, but since the tongue
might be considered a mouth/dental injury, I decided to consult you first.
Currently I am scheduled to be in your office tomorrow, July 7, 2016 @2:30 PM, for removal of
erupted tooth #18, and for removal of erupted tooth #2, see the attached treatment plans.
Presently I am having considerable pain and discomfort relative to the injury to my tongue. I am
also having difficulty swallowing, which is also painful. Please advise if you want to cancel the
two extractions scheduled for tomorrow. At your request, I can come to your office today for
evaluation of the injury to my tongue. I writing because I cannot speak well now, and dont want
to be misunderstood during an initial phone call to your office about this matter. Thank you.
Sincerely,
Neil J. Gillespie, 8092 SW 115th Loop, Ocala, Florida 34481
Email: neilgillespie@mfi.net, Tel. 352-854-7807
Cc. Mark Gillespie; attachments
Prescription Record
Stephen H. Dunn, DDS, PA

7555 SW SR 200, Ste A
Ocala, FL 34476
1(352)873-2000 x
NPI:
1164500278
July 6,2016
DEAReg. No:
License No.:
800624088
10481
July 6, 2016
Name:
Address:
Neil Gillespie
8092 SW 115 Loop
Ocala, FL 34481
RX:
Peridex
Dispense:
1 Pint
sig. Rinse 1/2 oz. for 30 seconds
8.1.0.
DOB: 03/19/56
Age:
60
Name:
Address:
Neil Gillespie
8092 SW 115 Loop
Ocala, FL 34481
Account:
Gillespie, Neil
RX
Peridex
Dispense
1 Pint
sig. Rinse 1/2 oz. for 30 seconds
8.I.0.
Refills
ID:
468401
DOB: 03/19/56
Age:
60
Prescribed by Stephen H. Dunn, DDS

DEA Reg. No: 800624088
Instructions:
Alerts
Refills
Sig. Swish by mouth 1/2 oz. For 30 seconds twice a day.

generic brand okay
Signature

7555 SW SR 200, Ste A
Ocala, FL 34476
1(352)873-2000 x
Neil Gillespie
8092 SW 115 Loop
Ocala, FL 34481
Dear Neil,
Dr. Dunn has prescribed Peridex for you. Please follow these instructions for its use:
Sig. Swish by mouth 1/2 oz. For 30 seconds twice a day.

generic brand okay
Please call our office ifyou have any questions.
STATEMENT OF
SERVICES
RENDERED

7555 SW SR 200, Ste A
Ocala, FL 34476
1(352)873-2000
Thursday
August 4, 2016
ACCOUNT NAME AND ADDRESS
ACCOUNT NUMBER
468400
Neil Gillespie
8092 SW 115 Loop
Ocala, FL 34481
PATIENT
CODE
DESCRIPTION
TH.
Neil
7210
Surgical Removal of Erupted Tooth
]8
Neil
7210
Surgical Renloval of Erupted Tooth
02
Neil
Neil
PREVIOUS
ACCOUNT
BALANCE
0.00
Next Appt.
Neil
SURF.
AMOUNT
242.00
1 Cash Payment
482.00CR
Dr. Dunn Courtesy Prod Adj
51
EST. INS
242.00
2.00CR
TODAY'S
CHARGES
TODAY'S
PAYMENTS
NEW
ACCOUNT
BALANCE
482.00
482.00
0.00
Day
Date
Time
Mon
August 15,2016
02:00p
WEB SITE: WWW.OCALASDENTIST.COM

E-MAIL ADDRESS:DR.DUNN@OCALASDENTIST.COM
Current Dental Terminology (COT) 2013 American Dental Association (ADA). All rights reserved.
PLEASE PAY
THIS AMOUNT
0.00
Reason
(**
= Estimate)
Suture Removal
Prescription Record

7555 SW SR 200, Ste A
Ocala, FL 34476
1(352)873-2000 x
NPI:
1164500278
August 4, 2016
DEA Reg. No:

License No.:
800624088
10481
August 4, 2016
Name:
Address:
Neil Gillespie
8092 SW 115 Loop
Ocala, FL 34481
RX:
Amoxicillin 500 mg
Dispense:
28
take 1 tablet every 8 hou rs until
complete
DOB: 03/19/56
Age:
60
Neil Gillespie
8092 SW 115 Loop
Ocala, FL 34481
Account:
Gillespie, Neil
RX
Amoxicillin 500 mg
Dispense
28
take 1 tablet every 8 hours until
complete
Refills
Prescribed by Stephen H. Dunn, DDS

DEA Reg. No: 800624088
Instructions
Take One tablet every 8 hours, until complete
Alerts
Refills
Name:
Address:
Signature
Stephen H. Dunn, DDS
7555 SW SR 200, Ste A
Ocala, FL 34476
1(352)873-2000 x
Neil Gillespie
8092 SW 115 Loop
Ocala, FL 34481
Dear Neil,
Dr. Dunn has prescribed Amoxicillin 500 mg for you. Please follow these instructions for its use:
Take One tablet every 8 hours, until complete
Please call our office !fYou have any questions.
ID:
468401
DOB: 03/19/56
Age:
60
TevaCayes
FOUNDA1JON
PO Box 52028 Phoenix, AZ 85072

Phone: 877-237-4881 Fax: 877-438-4404
08/03/2016
Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481
Re: Patient Assistance for Nuvigil

Dear Neil Gillespie:
Thank you for your interest in the TEVA CARES FOUNDATION Patient Assistance Program.
We recently received an application requesting assistance for the drug referenced above.
We are pleased to inform you that your request has been approved. Your physician has been
notified of the outcome of this review.

You will receive a 90-day supply of Nuvigil shipped directly to your address. The medication is
generally shipped within 2-5 business days from the date of contact.
You will be eligible for the Patient Assistance Program for up to 12 months if your situation
remains llnchanged. If additional assistance is needed after 12 months of eligibility, you n1ust
re-enroll in the Program in order to continue receiving product free of charge. We will contact
you and YOtlr physician at the appropriate time.
If your financial or insurance situation changes or you stop taking your prescription, please
notify us immediately.
If you have any questions regarding the TEVA CARES FOUNDATION Patient Assistance
Program, please call us at 877-237-4881. Counselors are available to answer your call Monday
through Friday, from 9:00am to 8:00pm Eastern Tin1e (excluding holidays).
Sincerely,
TEVA CARES FOUNDATION
Patient Assistance Program
4
The Teva Cares Foundation reserves the right to modify this program at any time for any reason.
TV03_Approval_Letter
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FOUNOATION
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PO Box 52028 Phoenix, AZ 85072

Phone: 877-237-4881 Fax: 877-438-4404
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, .:a.r.-.:
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' 0001397277AUG 03 2016
Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481
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Motion To Disqualify Judge Steven Rogers Filing # 45193448

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Motion To Disqualify Judge Steven Rogers Filing # 45193448

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Filing # 45193448 E-Filed 08/15/2016 03:45:05 AM

THIS IS NOT A COMMERCIAL FORCLOSURE

IN THE CIRCUIT COURT OF THE

REVERSE MORTGAGE SOLUTIONS, INC.,

Residential HECM Foreclosure Case

AFFIDAVIT OF NEIL J. GILLESPIE TO DISQUALIFY JUDGE STEVEN ROGERS

Steven Rogers in this case, and states:

MOTION TO DISQUALIFY JUDGE STEVEN ROGERS

The Honorable Steven Rogers

HEARING REQUESTS & PROCEDURES

JUDGE ROGERS PROCEDURES FOR CASE MANAGEMENT CONFERENCES

JUDGE ROGERS PROCEDURES FOR DISCOVERY MOTIONS

Form Mediation Order

ORDER ESTABLISHING MOTION PRACTICE PROCEDURE

MOTION TO DISQUALIFY JUDGE STEVEN ROGERS

Paragraph 12 of the Order Establishing Motion Practice Procedure pertains to

emergency motions (Exhibit 2):

I filed an emergency motion, Defendants Verified Emergency ADA Motion To Cancel

MOTION TO DISQUALIFY JUDGE STEVEN ROGERS

Prior to my phone message, I faxed Judge Rogers at 352-401-7840, See Defendants

Verified Notice of Filing (Filing # 45188060 E-Filed 08/12/2016 06:19:12 PM).

I emailed my fax to the following names.

with the email address are incorporated below.

MOTION TO DISQUALIFY JUDGE STEVEN ROGERS

Subject: Delivery Failure

General Inquiries: Email questions or submissions to greed@circuit5.org. (Exhibit 5). Because I

MOTION TO DISQUALIFY JUDGE STEVEN ROGERS

Merits of the Reverse-Mortgage Foreclose Case

The Plaintiffs Affidavit of Indebtedness shows one borrower: Penelope Gillespie.

The Plaintiff did not sue the Estate of Penelope Gillespie.

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

MOTION TO DISQUALIFY JUDGE STEVEN ROGERS

Order Establishing Motion Practice Procedure, Legal memorandum required of nonlawyers

MOTION TO DISQUALIFY JUDGE STEVEN ROGERS

MOTION TO DISQUALIFY JUDGE STEVEN ROGERS

Whether a motion to disqualify a judge is legally sufficient requires a determination as to

Disqualification is required when litigants demonstrate reasonable, well-grounded fear

MOTION TO DISQUALIFY JUDGE STEVEN ROGERS

MOTION TO DISQUALIFY JUDGE STEVEN ROGERS

discretion. King v. State, 840 So.2d 1047, Fla.,2003.

Service List August 15, 2016

Jane Norberg, Acting Chief

The Honorable Richard Cordray, Director

Stefanie Isser Goldblatt

FBI Tampa Division

FBI Jacksonville Division

The Honorable Don F. Briggs

The Honorable Steven Glen Rogers

Mr. Curtis Wilson, Esq.

Ms. Colleen Murphy Davis, AUSA

David R. Ellspermann Marion County Clerk

Development & Construction Corporation

Oak Run Homeowners Association, Inc.

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

Unknown spouse of Elizabeth Bidgood,

DAVID R EllSPERMANN CLERK & COMPTROLLER MARION

personal knowledge unless otherwise expressly stated.

1997 (hereinafter "Trust").

DATE: 02/03/2015 11 :55:32 AM

ti~u II~O SlD o;tl 0

Notary Public State of Florida

My Commission Expires: --2J......;;J;_~-=.._'_)5

State of Florida Fifth Judicial Circuit