neil gillespie response to cfpb-foia may-09-14

8/20/2019 Neil Gillespie Response to CFPB-FOIA May-09-14

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VIA EMAIL May-09-2014

Martin Michalosky, [email protected]

FOIA Manager, Operations Division

Ryan McDonald, CFPB FOIA Service Center, [email protected]

Gonzalez, Maria, [email protected] Ombudsman, [email protected]

RE: Freedom of Information Act (FOIA)/Privacy Act (PA) request case no. 120914-000082

Dear Ladies and Gentleman,

This is in response to Mr. Michalosky’s letter April 29, 2014. (attached). 12 CFR Part 1070

Subpart E § 1070.53. Section 1070.53 mentions “records that pertain to that individual (or to the

individual for whom the requester serves as guardian)”.

Guardianship in Florida is governed by Chapter 744 Florida Statutes. Please note that noguardian was appointed for my mother Penelope M. Gillespie. I was my mother’s primary

caregiver, designated healthcare surrogate, living will proxy under an advance medical directive,

and was Attorney-in-Fact in accord with her Durable Power of Attorney. I also relied on medical

advice and treatment provided by Florida licensed medical providers, including neurologists.

Unfortunately Penelope M. Gillespie died September 16, 2009. 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).

Section 1070.14(f) requires proof that the individual is deceased (e.g., a copy of a death

certificate or an obituary). A PDF of the death certificate for Penelope Gillespie accompanies theSection 1070.14(f) authorization of Mark Gillespie in compliance with 28 U.S.C. 1746(2).

Attached is Assignment of Mortgage dated March 27, 2012 showing me as one of the 3 original

borrowers. Also attached; Exhibit 6, a story January 10, 2010 Reverse Mortgage Daily, Judge

Voids Reverse Mortgage; Exhibit 5, Order in the Matter of Doar (Brunson) 2009 NY Slip Op

29549, and; My notice of filing Notice of Homestead in the state court foreclosure action.

Sincerely,

Neil J. Gillespie

8092 SW 115th Loop

Ocala, Florida 34481

Telephone: 352-854-7807

Email: [email protected]

Enclosures


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RE: FOIA/PA Request #CFPB-2014-182-F-P

April 29, 2014

Mr. Neil Gillespie8092 SW 115th LoopOcala, Florida 34481

Dear Mr. Gillespie:

This letter is to inform you that on April 28, 2014, the Consumer Financial Protection Bureau(CFPB) received your Freedom of Information Act (FOIA)/Privacy Act (PA) request of the same

date. Your request sought a copy of contents of the file in case no. 120914-000082 in which yousigned as a co-trustee.

Please be advised that there are certain third-party authorization requirements outlined in 12 CFRPart 1070 Subpart E § 1070.53 that apply to your FOIA request. Our office is still in possessionof your identification requirements and shall not be requesting them.

Please be advised the CFPB regulations require a statement from the individual(s) who is(are)the subject(s) of the records in question verifying his or her identity and certifying thatindividual's agreement that records concerning him or her may be accessed, analyzed andreleased to a third party. See 12 C.F.R. § 1070.14(f). As you have not provided documentation

the subject of the request consents to release of the subject records pursuant to the Privacy Act of1974 (5 U.S.C. § 552a), the CFPB is unable to initiate a search for responsive records.

This is not a denial of your request. Your request is not considered perfected until such time as thedocumentation outlined above is received. Please provide the requested documentation within 30days from the date of this letter or we will assume you are no longer interested in this FOIA/PArequest and your request will be administratively closed.

You have been determined to be a non-commercial requester and provisions of the FOIA allowthe CFPB to recover part of the cost of complying with your request. You will be charged forthe search (after the first two hours) and duplication (after the first 100 pages) costs in

accordance with the CFPB Interim FOIA regulations as applicable to non-commercialrequestors. The CFPB’s FOIA Fee Schedule may be viewed atwww.consumerfinance.gov/foia/foia-fee-schedule. You did not indicate in your request aspecific amount you were willing to pay. Therefore, in accordance with our regulations, yoursubmission of a FOIA request is construed as an agreement to pay up to $25.00. You will becontacted in the event there are additional fees related to the processing of your request beyondthis amount.


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For inquiries concerning your request, please contact Ryan McDonald, by phone at 202-435-9654 and reference the FOIA request number above. If you are unable to reach Mr. McDonald, please feel free to contact CFPB’s FOIA Service Center by email at [email protected] or by

telephone at 1-855-444-FOIA (3642).

Sincerely,

Martin MichaloskyFOIA ManagerOperations Division


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ELECTRONIC CODE OF FEDERAL REGULATIONS

e-CFR Data is current as of May 5, 2014

Title 12: Banks and Banking

PART 1070—DISCLOSURE OF RECORDS AND INFORMATION

Subpart E—The Privacy Act

§1070.53 Request for access to records.

(a) Procedures for making a request for access to records. An individual's requests for access to

records that pertain to that individual (or to the individual for whom the requester serves as guardian)

may be submitted to the CFPB in writing or by electronic means.

(1) If submitted in writing, the request shall be labeled “Privacy Act Request” and shall be addressedto the Chief Privacy Officer, Consumer Financial Protection Bureau, 1700 G Street NW., Washington,

DC 20552.

(2) If submitted by electronic means, the request shall be labeled “Privacy Act Request” and the

request shall be submitted as set forth at the CFPB's Web site, http://www.consumerfinance.gov.

(b) Content of a request for access to records. A request for access to records shall include:

(1) A statement that the request is made pursuant to the Privacy Act;

(2) The name of the system of records that the requester believes contains the record requested, or

a description of the nature of the record sought in detail sufficient to enable CFPB personnel to locate

the system of records containing the record with a reasonable amount of effort;

(3) Whenever possible, a description of the nature of the record sought, the date of the record or the

period in which the requester believes that the record was created, and any other information that might

assist the CFPB in identifying the record sought (e.g., maiden name, dates of employment, account

information, etc.).

(4) Information necessary to verify the requester's identity pursuant to paragraph (c) of this section;

(5) The mailing or email address where the CFPB's response or further correspondence should be

sent.

(c) Verification of identity. To obtain access to the CFPB's records pertaining to a requester, therequester shall provide proof to the CFPB of the requester's identity as provided below.

(1) In general, the following will be considered adequate proof of a requester's identity:

(i) A photocopy of two forms of identification, including one form of identification that bears the

requester's photograph, and one form of identification that bears the requester's signature;

(ii) A photocopy of a single form of identification that bears both the requester's photograph and

signature; or

http://www.ecfr.gov/cgi-bin/text-idx?SID=f9f29377fb80cd423fa2bd9ac618f27b&node=12:9.0.1.1.3.5.1.4&r


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For questions or comments regarding e-CFR editorial content, features, or design, email [email protected].

For questions concerning e-CFR programming and delivery issues, email [email protected].

(iii) A statement swearing or affirming the requester's identity and to the fact that the requester

understands the penalties provided in 5 U.S.C. 552a(i)(3).

(2) Notwithstanding paragraph (c)(1) of this section, a designated official may require additional

proof of the requester's identity before action will be taken on any request, if such official determines that

it is necessary to protect against unauthorized disclosure of information in a particular case. In addition,

if a requester seeks records pertaining to an individual in the requester's capacity as that individual's

guardian, the requester shall be required to provide adequate proof of the requester's legal relationshipbefore action will be taken on any request.

(d) Request for accounting of previous disclosures. An individual may request an accounting of

previous disclosures of records pertaining to that individual in a system of records as provided in 5

U.S.C. 552a(c). Such requests should conform to the procedures and form for requests for access to

records set forth in paragraphs (a) and (b) of this section.



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ELECTRONIC CODE OF FEDERAL REGULATIONS

e-CFR Data is current as of May 5, 2014

Title 12: Banks and BankingPART 1070—DISCLOSURE OF RECORDS AND INFORMATIONSubpart B—Freedom of Information Act

§1070.14 Requests for CFPB records.

(a) In general. Subject to the application of the FOIA exemptions and exclusions (5 U.S.C. 552(b)and (c)), the CFPB shall promptly make its records available to any person pursuant to a request thatconforms to the rules and procedures of this section.

(b) Form of request. A request for records of the CFPB shall be made in writing or by electronicmeans.

(1) If a request is made in writing, it shall be addressed to the Chief FOIA Officer, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552. The request shall be labeled“Freedom of Information Act Request.”

(2) If a request is made by electronic means, it shall be submitted as set forth on the CFPB's Website, http://www.consumerfinance.gov. The request shall be labeled “Freedom of Information ActRequest.”

(c) Content of request. (1) In order to ensure the CFPB's ability to respond in a timely manner, a

FOIA request should describe the records that the requester seeks in sufficient detail to enable CFPBpersonnel to locate them with a reasonable amount of effort. Whenever possible, the request shouldinclude specific information about each record sought, such as the date, title or name, author, recipient,and subject matter of the record. If known, the requester should include any file designations or descriptions for the records requested. As a general rule, the more specific the requester is about therecords or type of records requested, the more likely the CFPB will be able to locate those records inresponse to the request;

(2) In order to ensure the CFPB's ability to communicate effectively with the requester, a requestshould include contact information for the requester, including the name of the requester and, to theextent available, a mailing address, telephone number, and email address at which the CFPB maycontact the requester regarding the request;

(3) The request should state whether the requester wishes to inspect the records or desires toreceive an electronic copy or have a copy made and furnished without first inspecting the records;

(4) For the purpose of determining any fees that may apply to processing a request, a requester should indicate in the request whether the requester is a commercial user, an educational institution,non-commercial scientific institution, representative of the news media, governmental entity, or “other”requester, as those terms are defined in §1070.22(b) of this subpart, and the basis for claiming that feecategory. Requesters may seek assistance in determining the appropriate fee category by contacting theCFPB's FOIA Public Liaison at the telephone number listed on the CFPB's Web site,http://www.consumerfinance.gov. The CFPB will use any information provided to the FOIA Public Liaison



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For questions or comments regarding e-CFR editorial content, features, or design, email [email protected] questions concerning e-CFR programming and delivery issues, email [email protected].

solely for the purpose of determining the appropriate fee category that applies to the requester;

(5) If a requester seeks a waiver or reduction of fees associated with processing a request, then therequest shall include a statement to that effect as is required by §1070.22(e) of this subpart. Any requestthat does not seek a waiver or reduction of fees constitutes an agreement of the requester to pay anyand all fees (of up to $25) that may apply to the request, as otherwise set forth in §1070.22 of thissubpart, except that the requester may specify in the request an upper limit (of not less than $25) that therequester is willing to pay to process the request; and

(6) If a requester seeks expedited processing of a request, then the request must include astatement to that effect as is required by §1070.17 of this subpart.

(d) Perfected requests; effect of request deficiencies. For purposes of computing its deadline torespond to a request, the CFPB will deem itself to have received a request only if, and on the date that, itreceives a request that contains substantially all of the information required by and that otherwiseconforms with paragraphs (b) and (c) of this section. The CFPB need not accept a request, process arequest, or be bound by any deadlines in this subpart for processing a request that fails to conform, inany material respect, to the requirements of paragraphs (b) and (c) of this section. If a request isdeficient in any material respect, then the CFPB may return it to the requester and if it does so, it shalladvise the requester in what respect the request is deficient, and what additional information is needed to

respond to the request. The requester may then amend or resubmit the request. A determination by theCFPB that a request is deficient in any respect is not a denial of a request for records and suchdeterminations are not subject to appeal. If a requester fails to respond to a CFPB notification that arequest is deficient within thirty (30) days of the CFPB's notification, the CFPB will deem the requestwithdrawn.

(e) Requests by an individual for CFPB records pertaining to that individual. An individual whowishes to inspect or obtain copies of records of the Bureau that pertain to that individual shall file arequest in accordance with subpart E of these rules.

(f) Requests for CFPB records pertaining to another individual. Where a request for recordspertains to a third party, a requester may receive greater access by submitting either a notarized

authorization signed by that individual or a declaration by that individual made in compliance with therequirements set forth in 28 U.S.C. 1746 authorizing disclosure of the records to the requester, or submits proof that the individual is deceased (e.g., a copy of a death certificate or an obituary). TheCFPB may require a requester to supply additional information if necessary in order to verify that aparticular individual has consented to disclosure.



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Page 416TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE§ 1746

amended Pub. L. 106–113, div. B, § 1000(a)(9) [title

IV, § 4732(b)(16)], Nov. 29, 1999, 113 Stat. 1536,

1501A–585.)

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., §674 (R.S. § 893).

Changes were made in phraseology.

PRIOR PROVISIONS

A prior section 1745, act June 25, 1948, ch. 646, 62 Stat.

948, related to printed copies of patent specifications

and drawings, prior to repeal by act May 24, 1949, ch.

139, §92(d), 63 Stat. 103.

AMENDMENTS

1999—Pub. L. 106–113 substituted ‘‘United States Pat-

ent and Trademark Office’’ for ‘‘United States Patent

Office’’.

1964—Pub. L. 88–619, among other changes, inserted

‘‘or applications for foreign letters patent, and copies

of excerpts of the official journals and other official

publications of foreign patent offices belonging to the

United States Patent Office’’ in text, and substituted

‘‘documents’’ for ‘‘specifications and drawings’’ in sec-

tion catchline.

1949—Act May 24, 1949, renumbered section 1746 of

this title as this section.

EFFECTIVE DA TE OF 1999 AMENDMENT

Amendment by Pub. L. 106–113 effective 4 monthsafter Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731]

of Pub. L. 106–113, set out as a note under section 1 of

Title 35, Patents.

§ 1746. Unsworn declarations under penalty ofperjury

Wherever, under any law of the United States

or under any rule, regulation, order, or require-

ment made pursuant to law, any matter is re-

quired or permitted to be supported, evidenced,

established, or proved by the sworn declaration,

verification, certificate, statement, oath, or af-

fidavit, in writing of the person making the

same (other than a deposition, or an oath of of-

fice, or an oath required to be taken before a

specified official other than a notary public),

such matter may, with like force and effect, besupported, evidenced, established, or proved by

the unsworn declaration, certificate, verifica-

tion, or statement, in writing of such person

which is subscribed by him, as true under pen-

alty of perjury, and dated, in substantially the

following form:

(1) If executed without the United States: ‘‘I

declare (or certify, verify, or state) under pen-

alty of perjury under the laws of the United

States of America that the foregoing is true and

correct. Executed on (date).

(Signature)’’.

(2) If executed within the United States, its

territories, possessions, or commonwealths: ‘‘I

declare (or certify, verify, or state) under pen-

alty of perjury that the foregoing is true andcorrect. Executed on (date).

(Signature)’’.

(Added Pub. L. 94–550, §1(a), Oct. 18, 1976, 90 Stat.

2534.)

PRIOR PROVISIONS

A prior section 1746 was renumbered section 1745 of

this title.

CHAPTER 117—EVIDENCE; DEPOSITIONS

Sec.

1781. Transmittal of letter rogatory or request.

1782. Assistance to foreign and international tribu-

nals and to litigants before such tribunals.

1783. Subpoena of person in foreign country.

1784. Contempt.

1785. Subpoenas in multiparty, multiforum ac-

tions.

AMENDMENTS

2002—Pub. L. 107–273, div. C, title I, § 11020(b)(4)(B)(ii),

Nov. 2, 2002, 116 Stat. 1829, added item 1785.

1964—Pub. L. 88–619, §§8(b), 9(b), 10(b), 12(b), Oct. 3,

1964, 78 Stat. 997, 998, substituted ‘‘Transmittal of letter

rogatory or request’’ for ‘‘Foreign witnesses’’ in item

1781, ‘‘Assistance to foreign and international tribunals

and to litigants before such tribunals’’ for ‘‘Testimony

for use in foreign countries’’ in item 1782, ‘‘person’’ for

‘‘witness’’ in item 1783, and struck out item 1785 ‘‘Privi-

lege against incrimination’’.

DEPOSITIONS IN ADMIRALTY CASES

Prior to the general unification of civil and admi-

ralty procedure and the recision of the Admiralty Rules

on July 1, 1966, Revised Statutes §§863 to 865, as amend-

ed, which related to depositions de bene esse, when and

how taken, notice, mode of taking, and transmission to

court, provided as follows:

‘‘SEC. 863. The testimony of any witness may betaken in any civil cause depending in a district court

by deposition de bene esse, when the witness lives at a

greater distance from the place of trial than one hun-

dred miles, or is bound on a voyage to sea, or is about

to go out of the United States, or out of the district in

which the case is to be tried, and to a greater distance

than one hundred miles from the place of trial, before

the time of trial, or when he is ancient and infirm. The

deposition may be taken before any judge of any court

of the United States, or any clerk of a district court,

or any chancellor, justice, or judge of a supreme or su-

perior court, mayor or chief magistrate of a city, judge

of a county court or court of common pleas of any of

the United States, or any notary public, not being of

counsel or attorney to either of the parties, nor inter-

ested in the event of the cause. Reasonable notice must

first be given in writing by the party or his attorney

proposing to take such deposition, to the opposite

party or his attorney of record, as either may be near-est, which notice shall state the name of the witness

and the time and place of the taking of his deposition;

and in all cases in rem, the person having the agency

or possession of the property at the time of seizure

shall be deemed the adverse party, until a claim shall

have been put in; and whenever, by reason of the ab-

sence from the district and want of an attorney of

record or other reason, the giving of the notice herein

required shall be impracticable, it shall be lawful to

take such depositions as there shall be urgent necessity

for taking, upon such notice as any judge authorized to

hold courts in such district shall think reasonable and

direct. Any person may be compelled to appear and de-

pose as provided by this section, in the same manner as

witnesses may be compelled to appear and testify in

court.

‘‘SEC. 864. Every person deposing as provided in the

preceding section [R.S. §863] shall be cautioned and

sworn to testify the whole truth, and carefully exam-

ined.

‘‘His testimony shall be reduced to writing or type-

writing by the officer taking the deposition, or by some

person under his personal supervision, or by the depo-

nent himself in the officer’s presence, and by no other

person, and shall, after it has been reduced to writing

or typewriting, be subscribed by the deponent. [As

amended May 23, 1900, ch. 541, 31 Stat. 182.]

‘‘SEC. 865. Every deposition taken under the two pre-

ceding sections [R.S. §§863, 864] shall be retained by the


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Recording Requested By:

Bank of

America

Prepared By: Dian a De Avila

888-603-9011

When recorded mail to:

Reverse Mortgage Solutions, Inc.

2727 Spring Creek Drive

Spring , TX 77373

DocID# 1266801100261589920032

Property Address:

8092 SW 115TH LOOP

OCALA, FL 34481

FLO-AM 18001254

3 2712012 This space for Recorder's use

ASSIGNMENT OF MORTGAGE

For Value Received, the undersigned holder

of

a Mortgage (herein "Assignor") whose address

is

190

QUEEN

ANNE,

NORTH

SUITE

100 SEATTLE WA 98109 does hereby grant, sell, assign, transfer and convey unto REVERSE

MORTGAGE SOLUTI ONS, INC., whose address is 2727

SPRING

CREEK DRIVE SPRING TX 77373 all

beneficial interest under that certain Mortgage described below together with the note(s) and obligations therein

described and the money due and to become due thereon with interest and all rights accrued or to accrue under said

Mortgage,

Original Lender:

LIBERTY REVERSE MORTGAGE INC.

Original Borrower(s):

PENELOPE

M.

GILLESPIE

INDIVIDUALLY AND AS TRUSTEE

NEIL

J.

GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES OF

THE GILLESPIE

FAMILY LIVING

TRUST AGREEMENT

DATED

FEBRUA RY 10, 1997

Date

of

Mortgage:

6/5/2008

Original Loan Amount: $198,000.00

Recorded in Marion County, FL on:

6/25/2008

book OR 05057, page 1670 and instrument number 2008065289

IN

W T ~ ~ S

Yo tQ::REOF, the undersigned has caused this Assignment

of

Mortgage to be executed on

MAR

Z

/ ZOlZ

Assistant

Vice President

By

L£2:0G

ominique

Jobnso

itness: C_hest _ L_9_'V_i _g_S

Witness: Edward

Gallegos

State of California

County of Ventura

On MAR

27

2 12 before me,

appeared Jane Martorana

J jJ jan

JEllison

and

,No4U"Y

Public, perso

O6mlnlqUe

Johnson

nally

who

proved

to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within

instrument and acknowledged to me that helshelthey executed the same in hislher/their authorized capacity(ies),

and that by hislher/their signature(s) on the in strument the person(s), or the entity upon behalf of which the person

(s) acted, executed the instrument.

I certify

under

PENALTY

OF PERJURY under the laws of

the

State of California that the foregoing

paragraph

is true and correct.

Notary Pu c:

Lillian

J.

Ellison

•

LILLIAN

J.

ELLISON

C(lIMIIllion

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My Commission Expires: Ma ch 13, 2015


10/22

- Reverse Mortgage Daily - http://reversemortgagedaily.com -

Judge Voids Reverse Mortgage, Says Counseling Fails to ProveCompetency

Posted By Reva On January 14, 2010 @ 9:50 am In Counseling,Legislation,News,Reverse Mortgage | 105

Comments

In a ruling last month, Charles J. Thomas, a New York Supreme Court Judge voided a reversemortgage and its subsequent refinancing on the grounds that the borrower’s mental il lness made her

unable to understand the reverse mortgage.

In the case, Matter of Doar, 31393/07 [1], the borrower, Ms. Hermina Brunson, took out a reversemortgage with Financial Freedom on her home in Queens for $300,000 in December of 2001,refinancing for $375,000 in June of 2003.

However, at the time, Ms. Brunson was being treated for chronic paranoid schizophrenia. By the endof 2001, her psychiatrist testified that Ms. Brunson was hearing voices, believed her neighbor wastrying to take her home away from her, and claimed that she no longer had the deed to the home.

Despite the counseling session lasting 45 minutes over the phone, the judge wrote that it was “notmeant to be perfunctory or a mere rubber stamp of the banking or mortgage industry. It wasintended to secure that the rights of elderly homeowners were protected. The mortgagee is

entrusted with the responsibility of conducting an inquiry of the applicant’s understanding of themortgage agreement.”

Judge Thomas continued, “There is no evidence that Ms. Brunson understood the terms of themortgage or the Counseling Certificate that she signed on June 20, 2003.” He faulted the counselorfor not unearthing the borrower’s mental illness and her delusions regarding her home. Mostsignificantly for the industry, Judge Thomas ruled:

While the Certificate of Counseling is an indication that information was given to thehomeowners it is not dispositive of the issue of the mortgagor’s knowledge and understanding of the implications of a reverse mortgage or that the National Housing Act has been satisfied. That determination rests ultimately with the court.

As a result, the responsibility is on the lender to prove that the borrower understood the reversemortgage, regardless of whether or not they received a counseling certificate.

The judge further faulted the counseling process, noting that there was no evidence as to thequalifications of the counselor, whether the counselor spoke to Ms. Brunson or only to her brother, if Ms. Bunson’s questions were answered, and what information the counselor provided.

While recent counseling reforms such as the qualification of the counselor addresses some of theseissues, this is still a situation that could be repeated today.

In the ruling, Financial Freedom was ordered to void the mortgage, but the Guardian of the borrower

is directed to reimburse Financial Freedom for monies paid out at the closing which includes taxes,water charges, and the New York City Department of Social Services liens. It is unclear whetherFinancial Freedom will appeal.

Matter of Doar, 31393/07 [1]

Write to Reva Minkoff [2]

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IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT OF FLORIDA

IN AND

FOR

MARION COUNTY

CASE NO.: 2013-115-CAT

REVERSE MORTGAGE SOLUTIONS, INC.,

Plaintiff,

vs.

. ....

NEIL

J

GILLESPIE AND

MARK

GILLESPIE

I

AS CO-TRUSTEES OF THE GILLESPIE

C- ,

.-

--J

i

FAMILY LIVING TRUST AGREEMENT

(

--

DATED FEBRUARY 10, 1997, et aI.,

w

..

Defendants.

N

NOTICE OF FILING NOTICE OF HOMESTEAD OF NEIL J GILLESPIE

PLEASE TAKE NOTICE that Defendants, NEIL J GILLESPIE, and NEIL J.

GILLESPIE CO-TRUSTEE OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT

DATED FEBRUARY 10, 1997, in the above action, have today filed a Notice of Homestead for

NEIL J GILLESPIE and the subject property, a certified copy of which is attached hereto.

DATED February

7 2013.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I have furnished a true and correct copy of the foregoing to

Danielle N. Parsons, Esq., McCalla Raymer LLC, 225

E

Robinson

S1

Suite 660, Orlando, FL

32801, [email protected]; via email today February

7 2013

and to parties on the

attached Service List

by

email as provided. No other party was served.

NEIL

J

GILLESPIE

8092 SW 115th Loop

Ocala, Florida 34481


Phone: 352-854-7807


21/22

·......

_...

-..

...-..

---.-.

DAVID

R EUSPERMANN CLERK OF

COURT MARION

COUNTY

DATE: 02107 2013 03:02:21 PM

FILE

:

2013013720 OR BK 05807 PG 1396

REC 10.00

NOTICE

OF

HOMESTEAD

To Whom It May Concern:

You are notified that the undersigned NEIL

J.

GILLESPIE claims as homestead exempt

from

levy and execution under Section

4,

Article X of the Florida State Constitution, the

following described property:

Lot(s) 1, Block G, OAK RUN WOODSIDE TRACT, according to the Plat

thereof as

recorded

in

Plat Book 2 at Page(s) 106 through 112, inclusive of the

Public Records of Marion County, Florida.

Property address: 8092 SW 115th Loop, Ocala, FL 3448

The undersigned certifies, under oath, that he or she has applied for and received the homestead

tax exemption

as to

the above-described property, that 7013-007-001 is the tax identification

parcel nunlber

of

this property, and that the undersigned has resided on this property

continuously and uninterruptedly from February 9, 2005 to the date of this Notice of Homestead.

STATE OF FLORlDA

COUNTY

OF MARION

The foregoing instrument was acknowledged before me this 7th day

of

February, 2013 by

NEIL J. GILLESPIE, who is personally known to

me.

t b

Notary Public

.4'ft::.".. CECIUA ROSENBERGER

W

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ConmissIon

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ExpiresJLN

6. 2016

. 8 D n 1 1 d 1 1 l V _ ~ - -

Book5807/Page1396

CFN#2013013720

Page 1

o

1


22/22

SERVICE LIST

Danielle N. Parsons

McCalla Raymer, LLC

225

E.

Robinson

S1.

Suite 660

Orlando, L 32801

[email protected]

Oak Run Homeowners Association, Inc.

Robert A. Stermer, Esq., Registered Agent

7480 SW Highway 200

Ocala, FL 34476

Primary Email: [email protected]

Secondary Email: [email protected]

United States

of

America, on behalfof the

Secretary

of

Housing and Urban Development

400 N. Tampa S1. Suite 3200

Tampa, L 33602

[email protected]

Tiffany Caparas, Esq.

111 N. Magnolia Ave., Suite 1600

Orlando, L 32801

Primary Email: [email protected]

Secondary Email: [email protected]

Mark Gillespie

7504 Summer Meadows Drive

F1. Worth, TX 76123


1

neil gillespie response to cfpb-foia may-09-14

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