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Lakeshore Plaza II
1300 Concord Terrace, Suite 130
Sunrise, Florida 33323
John F. Harkness, Jr. (954) 835-0233
Executive Director www.FLORIDABAR.org
In September 2016, you filed an unlicensed practice of law conlplaint against the
above-referenced individual. This matter was investigated by my office at the staff level.
However, I have been unable to develop sufficient information to proceed with an investigation.
If you have additional information regarding this matter, you may forward the information to me
and I will, of course, look into the matter further. However, due to insufficient information on
which to proceed, I am closing my file at this time.
Thank you for bringing this matter to the attention of The Florida Bar.
Sincerely,
AV/drk
APPENDIX 3
VIA U.P.S. No. 1Z64589FP293085765 September 16, 2016
Email: jharkness@flabar.org
RE: Bar Complaint, and UPL complaint, against Michael Allgood, not a member of The
Florida Bar, Rule 4-5.1 Responsibilities of Partners, Managers, and Supervisory Lawyers
This is a complaint against Michael Allgood who is not a member of The Florida Bar, and
not licensed to practice law in Florida, but nonetheless is the Director of the Florida Foreclosure
Group since 2013 for McCalla Raymer Pierce, LLC, according to his webpage, found online at
this URL, and enclosed as a paper copy. http://www.mrpllc.com/attorneys/allgood-michael.html
It appears Mr. Allgood would be governed, if he was licensed, by Rule 4-5.1 Responsibilities of
Partners, Managers, and Supervisory Lawyers, because as Director of the Florida Foreclosure
Group for McCalla Raymer Pierce, LLC, he directs, manages, and supervises Florida licensed
lawyers including Curtis Allen Wilson, FL Bar ID 77669, a lawyer who represents Reverse
Mortgage Solutions, Inc., in a foreclosure against me of a federal Home Equity Conversion
Mortgage, called a HECM, or “reverse” mortgage, Reverse Mortgage Solutions, Inc. vs. Neil J.
Gillespie, et al, Case 2013-CA-00115, Marion County Florida, Fifth Judicial Circuit.
His webpage says Mr. Allgood has been the Director of the Florida Foreclosure Group since
2013, which coincides with the foreclose against me that commenced in January 2013.
Mr. Allgood did not respond to my email inquiry sent Thursday, September 15, 2016 at 2:39 AM
asking if he is a member of The Florida Bar. My email and attachments to Allgood is enclosed.
The Florida Bar September 16, 2016
Complaint - Michael Allgood Page - 2
(b) Supervisory Lawyer's Duties. Any lawyer having direct supervisory authority over
another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to
the Rules of Professional Conduct.
(c) Responsibility for Rules Violations. A lawyer shall be responsible for another
lawyer's violation of the Rules of Professional Conduct if:
(1) the lawyer orders the specific conduct or, with knowledge thereof, ratifies the conduct
involved; or
(2) the lawyer is a partner or has comparable managerial authority in the law firm in
which the other lawyer practices or has direct supervisory authority over the other
lawyer, and knows of the conduct at a time when its consequences can be avoided or
mitigated but fails to take reasonable remedial action.
Enclosed is my letter to Gary G. Lynch, Vice Chairman, Bank of America, September 15, 2016,
with and enclosures, limited by TFB’s 25 page limit. The full 46 page letter is posted on Scribd.
https://www.scribd.com/document/324263671/Letter-to-Gary-G-Lynch-Vice-Chairman-Bank-of-America
As shown in my letter to Mr. Lynch, The Florida Bar opened complaints against Danielle Nicole
Parsons, FL Bar ID 29364, and her paralegal Yolanda Martinez, see,
The Florida Bar File No. 2014-30,525 (9A), Neil Gillespie v. Danielle Nicole Parsons
The Florida Bar UPL Investigation 20143031(9A) of paralegal Yolanda Martinez
My complaints alleged, inter alia, that Parsons engaged in ex parte communication with US
Judge William Terrell Hodges and/or US Magistrate Judge Philip R. Lammens and concocted
through paralegal Martinez a plan to deprive me of a Rule 55 Default Judgment.
The UPL committee determined paralegal Martinez acted at the direction of Parsons, and closed
my complaint against Martinez. Patricia Ann Toro Savitz prosecuted Parsons, but over a year
into the investigation, closed the case stating the trial judge (Judge Hale Stancil) should decide
the matter. This is contrary to the Rules Regulating The Florida Bar, and Article V, Section 15 of
the Florida Constitution, which states,
The Florida Bar September 16, 2016
Complaint - Michael Allgood Page - 3
SECTION 15. Attorneys; admission and discipline.—The supreme court shall have
exclusive jurisdiction to regulate the admission of persons to the practice of law and the
discipline of persons admitted.
Judge Hale Stancil is not a justice of the Florida Supreme Court. So I take that to mean Article
V, Section 15 is a bunch of nonsense. Regulatory capture means any Tom, Dick or Harry with
sufficient political clout puts the Supreme Court of Florida in the position of a marionette.
I also made a complaint against Curtis Allen Wilson, FL Bar ID 77669 to The Florida Bar, see
Request For Assistance (RFA) No. 15-13443, Gillespie v. Wilson. That was wrongly dismissed
too. I plan to submit too more complaints against Mr. Wilson. There is also my outstanding
criminal complaint against Wilson and Parsons with Brad King, State Attorney, Fifth Circuit. I
plan a response to ASA Mark Simpson who wrongly dismissed the complaint on SOL.
So it appears that Michael Allgood, Director of the Florida Foreclosure Group for McCalla
Raymer Pierce, LLC since 2013 has directed if not orchestrated the misconduct of Wilson and
Parsons in the foreclosure case against me.
Under penalties of perjury, I declare that the foregoing facts are true, correct and complete.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
Enclosures
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Dear Customer,
This notice serves as proof of delivery for the shipment listed below.
Tracking Number: 1Z64589FP293085765
Service: UPS Ground
Weight: 1.00 lb
Shipped/Billed On: 09/16/2016
Delivered On: 09/20/2016 1:49 P.M.
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Received By: CHRISS
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Page 1 of 1
Neil Gillespie
9/16/2016
Michael Allgood, Director of the Florida Foreclosure Group
McCalla Raymer Pierce, LLC
Email: Michael.Allgood@mrpllc.com
Office: Fort Lauderdale, FL
Tel: 954-332-9395
Are you a member of The Florida Bar? If so, provide your FL Bar ID number so I can review
your profile on The Florida Bar directory.
McCalla Raymer Pierce, LLC changed its name 06/29/2016. However TFB profile for Curtis
Allen Wilson, FL Bar ID 77669 shows McCalla Raymer, LLC, see attached. Is that correct?
Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
http://www.mrpllc.com/attorneys/allgood-michael.html
Mr. Allgood is the Director of Operations for McCalla Raymer’s Florida Foreclosure Group. He
has a strong background in real estate title matters and both judicial and non-judicial foreclosure.
Mr. Allgood’s practice also includes extensive experience related to both title examination and
title curative work.
Mr. Allgood graduated cum laude from Georgia State University College of Law in 2005 where
he was an intern at the Georgia State Tax Clinic and he received the Paul D. Coverdell Clinic
Service Award as well as CALI awards for Basic Federal Taxation II and Tax Clinic. Upon
graduating, Mr. Allgood joined the law firm of Morris, Schneider and Prior as a title examiner
from 2006-2007. In 2007, Mr. Allgood joined McCalla Raymer in their Georgia office focusing
on Georgia Foreclosure and Title Clearance. He was named the Director of the Florida
Foreclosure Group in 2013.
Georgia, 2005
(http://www.mccallaraymer.com)
(/./)
(/media/k2/items/cache
/62fb5f1024529266c6e71c0c0c9ddb3c_XL.jpg)
Practice Areas
Education
Georgia State College of Law (J.D.
cum laude, 2005) University of
Florida (B.S. in Business
Administration, 1995)
Mr. Allgood is the Director of Operations for McCalla Raymer’s Florida Foreclosure Group. H
background in real estate title matters and both judicial and non-judicial foreclosure. Mr. All
also includes extensive experience related to both title examination and title curative work.
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ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES LOG IN FIND A LAWYER
(a) Duties Concerning Adherence to Rules of Professional Conduct. A partner in a law firm, and a lawyer who individually or
together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that
the firm has in effect measures giving reasonable assurance that all lawyers therein conform to the Rules of Professional Conduct.
(b) Supervisory Lawyer's Duties. Any lawyer having direct supervisory authority over another lawyer shall make reasonable
efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct.
(c) Responsibility for Rules Violations. A lawyer shall be responsible for another lawyer's violation of the Rules of Professional
Conduct if:
(1) the lawyer orders the specific conduct or, with knowledge thereof, ratifies the conduct involved; or
(2) the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices or has
direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or
mitigated but fails to take reasonable remedial action.
Comment
Subdivision (a) applies to lawyers who have managerial authority over the professional work of a firm. See terminology. This
includes members of a partnership, the shareholders in a law firm organized as a professional corporation, and members of other
associations authorized to practice law; lawyers having comparable managerial authority in a legal services organization or a law
department of an enterprise or government agency, and lawyers who have intermediate managerial responsibilities in a firm.
Subdivision (b) applies to lawyers who have supervisory authority over the work of other lawyers in a firm.
Subdivision (a) requires lawyers with managerial authority within a firm to make reasonable efforts to establish internal policies and
procedures designed to provide reasonable assurance that all lawyers in the firm will conform to the Rules of Professional Conduct.
Such policies and procedures include those designed to detect and resolve conflicts of interest, identify dates by which actions must
be taken in pending matters, account for client funds and property, and ensure that inexperienced lawyers are properly supervised.
Other measures that may be required to fulfill the responsibility prescribed in subdivision (a) can depend on the firm's structure and
the nature of its practice. In a small firm of experienced lawyers, informal supervision and periodic review of compliance with the
required systems ordinarily will suffice. In a large firm, or in practice situations in which difficult ethical problems frequently arise,
more elaborate measures may be necessary. Some firms, for example, have a procedure whereby junior lawyers can make
confidential referral of ethical problems directly to a designated supervising lawyer or special committee. See rule 4-5.2. Firms,
whether large or small, may also rely on continuing legal education in professional ethics. In any event the ethical atmosphere of a
firm can influence the conduct of all its members and the partners may not assume that all lawyers associated with the firm will
inevitably conform to the rules.
Subdivision (c) expresses a general principle of personal responsibility for acts of another. See also rule 4-8.4(a).
http://www.floridabar.org/divexe/rrtfb.nsf/FV/AD1B3AE318918BEA85257171007334D8
Subdivision (c)(2) defines the duty of a partner or other lawyer having comparable managerial authority in a law firm, as well as a
lawyer having supervisory authority over performance of specific legal work by another lawyer. Whether a lawyer has such
supervisory authority in particular circumstances is a question of fact. Partners and lawyers with comparable authority have at least
indirect responsibility for all work being done by the firm, while a partner or manager in charge of a particular matter ordinarily also
has supervisory responsibility for the work of other firm lawyers engaged in the matter. Appropriate remedial action by a partner or
managing lawyer would depend on the immediacy of that lawyer's involvement and the seriousness of the misconduct. A supervisor
is required to intervene to prevent avoidable consequences of misconduct if the supervisor knows that the misconduct occurred.
Thus, if a supervising lawyer knows that a subordinate misrepresented a matter to an opposing party in negotiation, the supervisor as
well as the subordinate has a duty to correct the resulting misapprehension.
Professional misconduct by a lawyer under supervision could reveal a violation of subdivision (b) on the part of the supervisory
lawyer even though it does not entail a violation of subdivision (c) because there was no direction, ratification, or knowledge of the
violation.
Apart from this rule and rule 4-8.4(a), a lawyer does not have disciplinary liability for the conduct of a partner, shareholder,
member of a limited liability company, officer, director, manager, associate, or subordinate. Whether a lawyer may be liable civilly
or criminally for another lawyer's conduct is a question of law beyond the scope of these rules.
The duties imposed by this rule on managing and supervising lawyers do not alter the personal duty of each lawyer in a firm to
abide by the Rules of Professional Conduct. See rule 4-5.2(a).
[Revised: 05/22/2006]
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September 15, 2016 CORRECTED
Gary G. Lynch, Vice Chairman
Gary G. Lynch, Vice Chairman Bank of America Corporation
Bank of America Corporate Center One Bryant Park
100 North Tryon Street 115 West 42nd Street
Charlotte, NC 28255 New York, New York 10036
VIA UPS No. 1Z64589FNW92116132 VIA UPS No. 1Z64589FNW91448946
This letter concerns a number of legal matters with Bank of America, and its regulatory capture
of the public and private sectors, that prevent me from getting a fair resolution in the American
legal system. This letter is a notice. I plan to provide additional information as soon as possible.
This is a request to communicate by email as a reasonable disability accommodation.
The enclosed List of Financial Interests shows Bank of America for Senior United States District
Judge William Terrell Hodges, as emailed to Bank of America Investor Relations. Judge Hodges
refused to recuse in Reverse Mortgage Solutions, Inc., v. Neil J. Gillespie, et al, U.S. District
Court, Middle District of Florida, Case No: 5:13-cv-00058-oc-WTH-PRL, for a HECM reverse
mortgage, BofA Account No.: 68011002615899, FHA Case Number: 091-4405741.
Judge Hodges is the epitome of regulatory capture, and criminality on the federal bench. His IFP
rulings in my case were overturned by default by the U.S. Supreme Court, Petition No. 13-7280.
1. Ongoing litigation with Bank of America over a Home Equity Conversion Mortgage
(HECM), a “reverse” mortgage, see Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et. al,
Case No. 2013-CA-115, Marion County, Florida, Fifth Judicial Circuit. More cases below.
Florida Supreme Court Case No.: SC15-1145; Florida Fifth DCA Case No. 5D15-340.
Misconduct by Plaintiff’s Counsel McCalla Raymer n.k.a. McCalla Raymer Pierce, LLC a
Foreign Limited Liability Company (Roswell, Georgia)
Danielle Nicole Parsons, FL Bar ID 29364, and her paralegal Yolanda Martinez
The Florida Bar File No. 2014-30,525 (9A), Neil Gillespie v. Danielle Nicole Parsons
The Florida Bar UPL Investigation 20143031(9A) of paralegal Yolanda Martinez
Note: Danielle Nicole Parsons, FL Bar ID 29364 is no longer employed by Plaintiff’s
Counsel McCalla Raymer n.k.a. McCalla Raymer Pierce, LLC.
Curtis Allen Wilson, FL Bar ID 77669 (at least 2 more bar complaints pending)
The Florida Bar, Request For Assistance (RFA) No. 15-13443, Gillespie v. Wilson
Misconduct by Marion County Circuit Judge Hale Ralph Stancil, JQC Docket No. 15-075
Misconduct by David R. Ellspermann, Marion County Clerk of Court & Comptroller
Misconduct by the Marion County Sheriff’s Office, inter alia, Detective Erik Dice.
Misconduct by Brad King, State Attorney, Fifth Circuit, and ASA Mark Simpson.
Misconduct by Pam Bondi, Florida Attorney General in Petition No. 13-7280.
Misconduct by U.S. Senator Marco Rubio re Congressional Inquiry.
Misconduct by CFPB attorney Gregory Evans, according to FOIA documents received. Evans
told CFPB investigators that they could not speak with me due to privacy rules. BofA consumer
advocate Chris Pickle aided Evans. Later I learned deceased persons do not have privacy. I made
a complaint about Evans to the Fed-BOG OIG Hotline which has oversight of CFPB employees.
Privacy laws do not protect the privacy of dead people. Dead people do not have privacy rights.
Privacy rights are personal and die with the individual. Nestor v. Posner-Gerstenhaber, 857 So.
2d 953 (Fla. Dist. Ct. App. 3d Dist. 2003), review denied, 869 So. 2d 540 (Fla. 2004). [E]even
where a private confidentiality agreement is otherwise proper, it will not be enforced where its
effect becomes obstructive of the rights of non-parties. See, e.g., Nestor v. Posner-Gerstenhaber,
857 So. 2d 953, 955 (Fla. 3rd DCA 2003); Scott v. Nelson, 697 So. 2d 1300, 1301 (Fla. 1st DCA
1997). Quoted by U.S. Judge John E. Steele in Tardif, Trustee (Jason Yerk) v. PETA, USDC, SD
Fla. Fort Myers Div. Case No. 2:09-cv-537-FtM-29SPC, at the Pacer link,
Case 2:09-cv-00537-JES-SPC Document 179 Filed 11/04/11 Page 14 of 31 PageID 6050
Misconduct by Bank of America consumer advocates of Brian T. Moynihan, CEO and President.
All of the following invoked privacy for the decedent, Penelope M. Gillespie, to block my access
in the HECM reverse mortgage, that includes a Promissory Note bearing my signature. See BofA
Account No.: 68011002615899, FHA Case Number: 091-4405741, RMS No. 68011002615899.
On information and belief, when a substantial disputed issue of federal HECM law is a
necessary element of the foreclosing Plaintiff’s 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
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).
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)).
6. About a year ago Reverse Mortgage Solutions, Inc. (RMS), began sending monthly
statements to me addressed to “Estate of PENELOPE M. GILLESPIE” see enclosed. Previously
Gary G. Lynch, Vice Chairman, Bank of America September 15, 2016
Re: BofA Account No.: 68011002615899 Page - 5
RMS sent the monthly statements addressed to “Penelope M. Gillespie”. RMS has refused to
discuss the case with me due to privacy rules.
There is a lot more to my defenses, but time has run out today. Once you provide an email
address for correspondence, I will provide additional information. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop Tel. 352-854-7807
Ocala, Florida 34481 Email: neilgillespie@mfi.net Enclosures
The Social Security Administration determined me disabled since 1992. I am a qualified person
with a disability. I request disability accommodation under the Americans with Disabilities Act
(ADA), as amended, 42 U.S.C. § 12181 et. seq, including the ADA Amendments Act of 2008, as
amended, and the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et. seq, including
Section 504 of the Rehabilitation Act, as amended, and Section 508 of the Rehabilitation Act, as
amended. This disability accommodation request also seeks a prohibition against disability
discrimination. Thank you.
Bank of America
Page 1 of 1
Neil Gillespie
This is a conflict of interest inquiry to confirm the shareholder status of U.S. Judge Wm. Terrell Hodges
and his List of Financial Interests showing Bank of America. A PDF of Judge Hodges’ List of Financial
Interests is attached, and may also be found at the link below.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net
9/15/2016
Page 1 of 1
Neil Gillespie
This receipt verifies that the message has been displayed on the recipient's computer at 4/22/2014 6:45
PM
9/15/2016
https://webforms.fec.gov/webforms/form2/final.htm
ACCEPTED FEC-1098470
FEC FORM 2
STATEMENT OF CANDIDACY
Ocala FL 34481
8. I hereby authorize the following named committee, which is NOT my principal campaign committee, to receive and expend funds on behalf of my
candidacy.
NOTE: This designation should be filed with the principal campaign committee.
I certify that I have examined this Statement and to the best of my knowledge and belief it is true, correct and complete.
NOTE: Submission of false, erroneous, or incomplete information may subject the person signing this Statement to penalties of 2 U.S.C. §437g.
)(&0,6&(//$1(2867(;75(/$7('72$5(32576&+('8/(25,7(0,=$7,21
Form/Schedule: F2N
Transaction ID :
Memo #1: I am a qualified person with a disability. I request disability accommodation under the Americans with
Disabilities Act (ADA), as amended, 42 U.S.C. 12181 et. seq, including the ADA Amendments Act of 2008, as
amended, and the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701 et. seq, including Section 504 of the
Rehabilitation Act, as amended, and Section 508 of the Rehabilitation Act, as amended. This disability
accommodation request also seeks a prohibition against disability discrimination. Memo #2: I am filing a FEC Form 2:
Statement of Candidacy, but got this message at the end: "Are you sure you want to submit this report electronically?
Filing a Form 1 through this system constitutes an electronic filing. Committees are required to file electronically if total
contributions received or total expenditures made exceed, or are expected to exceed, $50,000 in any calendar year.
Committees who are not required to file electronically, but choose to do so, must continue to file electronically for that
calendar year. 11 C.F.R. 104.18"
Form/Schedule:
Transaction ID:
SHfRD'r-----
Marion County
Neil J. Gillespie
8092 S.W. 115th Loop
Ocala, Florida 34481
We received your letter of February 15, 2006 and will be looking into the matter you
described involving your mother, Penelope Gillespie. We will contact you in the near
future regarding our findings.
Sincerely,
ED DEAN, Sheriff
By:
Dan Kuhn, Chief of Staff
Kls
Civil (352) 620-3606 • Emergency Management (352) 622-3205 • Jail (352) 351-8077
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MARION COUNTY
Admin #1010
Neil J. Gillespie
8092 S.W. 115th Loop
Ocala, Florida 34481
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Neil J. Gillespie
8092 SW 115 th Loop
Ocala, Florida 34481
Sheriff Ed Dean
Marion County Sheriff
692 NW 3Oth Avenue
Ocala, Florida 34475
Victim: Penelope M. Gillespie, age 75, date of birth, October 29, 1930.
Perpetrators:
1. Bank of America, 7975 SW SR 200, Ocala, FL 34476, telephone: (352) 861-2807,
Penelope D. Kinsey, Branch Manager, and Candice Methvin, Loan Specialist.
2. Elizabeth Bauerle, 6356 SW 106th PI., Ocala, FL 34476-4893, (352) 216-3934.
Synopsis of Exploitation:
Bank of America (BOA) breached its fiduciary duty to Penelope M. Gillespie, a depositor
and customer, when it failed to adequately secure Ms. Gillespie's interest in three
mortgage transactions. Then BOA created false loan documents to facilitate business
financing to Elizabeth Bauerle, Ms. Gillespie's daughter and co-applicant. BOA falsely
labeled the business loan as a home improvement loan in order to avoid the required
business loan documentation. As a result, BOA granted the loan, and Elizabeth Bauerle
promptly lost the $40,000.00 proceeds when the business failed. When she was not able
to make the loan payments, Elizabeth Bauerle sold her house securing the loan and took
$15,559.83 from the settlement rightfully belonging to Penelope Gillespie.
Sheriff Ed Dean
o Page -2
Marion County Sheriff February 15, 2006
Chronology of Events:
4. The payment for this mortgage was $490.13. (Exhibit 2). When added to the
$379.57 mortgage payment that Elizabeth Bauerle owed on Penelope Gillespie's house,
the combined payment was $869.70. When I asked Ms. Bauerle how she expected to pay
$869.70 a month, she said the money would come from the profits of the restaurant.
Ms. Bauerle's salary in her usual occupations, call center worker, lawn care, and pizza
delivery, could not support this payment. As such, how could the bank justify this loan?
The Bank of America breached its fiduciary duty to Penelope Gillespie, because the
bankers knew that this loan was not, in fact, for the purpose of home improvement, but
was for the purpose of investing in a higWy speculative business. Bank of America
participated in this sham solely to collect the associated fees, and with no regard for
Penelope Gillespie.
7. When the business failed and the money was gone, Ms. Bauerle could not make
the monthly payments of $869.70, and was forced to sell her home at 10836 SW 85 th
Terrace. The house sold on December 8, 2004 for $63,000.00, leaving $15,559.83 at
settlement, after loan #3 was paid. (Exhibit 4). This money rightfully belongs to
Penelope Gillespie, and should have been applied to the mortgage on her home at 8092
SW 115 th Loop, loan #2. But Ms. Bauerle kept the $15,559.83 for herself, and deposited
the money in her bank account. (Exhibit 5). Currently Penelope Gillespie has a mortgage
on her home in the amount of$35,325.55, loan #2. Ms. Bauerle should have paid
Penelope Gillespie $15,559.83, reducing the balance of loan #2 to $19,765.72.
My brother Mark Gillespie (Penelope Gillespie's other son) can collaborate the
information that I have provided. This is his contact information:
Mark J. Gillespie
7504 Summer Meadows Drive
Fort Worth, Texas 76123-1979
Telephone: (817) 361-6721
enclosures