Monday, January 27, 2014

Please support SCOTUS Petition for Rehearing 13-7280; Stop a wrongful HECM foreclosure of my home

My home wrongly in foreclosure
Petition for rehearing filed February 7, 2014
Hello, I am asking for support to save my home from wrongful foreclosure on a HECM reverse mortgage. I am not a lawyer, just an ordinary person representing myself pro se. Opposing counsel is foreclosure mill McCalla Raymer LLC, representing Reverse Mortgage Solutions, Inc. Defending foreclosure is costly in the Supreme Court, even when appearing in forma pauperis. My UPS invoices total $1,891.22 for the last three months.

Any donation is appreciated; excess donations will go toward ongoing expenses, such as, a case of paper ($29), copy machine toner ($50), a replacement drum ($41), inkjet printer cartridges ($38 a pair), a process server ($25) or $50 expedited, or computer repairs ($60 hr.). Donations can be made on GoFundMe crowd funding. GoFundMe is explained in this YouTube video.



Neil J. Gillespie v. Reverse Mortgage Solutions, Inc. et al
Petition No. 13-7280 for rehearing, U.S. Supreme Court

My petition was denied January 13, 2014. Rule 44 allows a petition for rehearing within 25 days, which I believe is February 7, 2014. If my petition for rehearing is denied, the district court suggested in its remand order that I may sue the U.S. Department of Housing and Urban Development (HUD) in a separate action. NOTE: Petition for rehearing filed February 7, 2014

"This Order should not be interpreted as a ruling concerning whether, or to what extent, Mr. Gillespie can sue HUD in a separate action. Rather, this Order is limited to whether the Court has subject matter jurisdiction over the specific action that has been removed to this Court". - Senior U.S. Judge Wm. Terrell Hodges, Order Remanding Case, March 7, 2013. [fn1, p.4] 

STATEMENT OF THE CASE, page 6, Petition No. 13-7280

My name is Neil Gillespie, the petitioner reluctantly appearing pro se [fn1], henceforth in the first person, age 57, a law-abiding, indigent, disabled single man, a surviving "reverse" mortgage borrower [fn2], and homeowner in a 55+ community in Ocala Florida. This petition is to save my home from a disputed foreclosure [fn3] of a Home Equity Conversion Mortgage [fn4] or HECM, a FHA [fn5] "reverse" mortgage program administered by the Secretary, United States Department of Housing and Urban Development (Secretary or HUD). My home’s value is $74,730 and falling. The mortgage payoff balance is $114,889. The property is "underwater" by $40,159. A HECM cannot be refinanced. A ruling January 4, 2013 in Bennett v. Donovan held in part (PDF):

"HUD itself has the capability to provide complete relief to the lenders and mortgagors alike, which eliminates the uncertainty of third-party action that would otherwise block standing."

I bear witness to the "uncertainty of third-party action", which here includes political persecution by The Florida Bar, U.S. Judge William Terrell Hodges, and Florida attorneys Ryan Christopher Rodems and Eugene P. Castagliuolo, in retaliation for my Petition No. 12-7747 for writ of certiorari to the U.S. Supreme Court that sought better regulation of the legal profession, and redress of grievances with Mr. Rodems’ law firm. Current political persecution of me includes: 

1.     The Florida Bar for an open investigation of me for Unlicensed Practice of Law (UPL).
2.     Mr. Rodems made the UPL complaint against me for representing myself & my interests. 
3.     Judge Hodges corruptly assisted McCalla Raymer in a wrongfully foreclosure of my home.
4.     Mr. Castagliuolo’ ongoing threats to interfere with my Social Security disability income.

A HECM does not require a homeowner to make mortgage payments as a conventional mortgage does. Instead, a HECM does not become due and payable until the last surviving homeowner dies or no longer lives in the home. 12 U.S.C. § 1715-z20(j) Safeguard to prevent displacement of homeowner. The HECM becomes due and payable in full "if a mortgagor dies and the property is not the principal residence of at least one surviving mortgagor....and no other mortgagor retains title to the property." 24 C.F.R. § 206.27(c).

I am one of two surviving HECM mortgagors, and the only surviving homeowner living in the home, alone, in substantial compliance with the HECM Note, making this foreclosure of a HECM premature. My bother Mark Gillespie of Fort Worth Texas is also a surviving borrower, but he does not live in the home. The HECM becomes due and payable in full "if a mortgagor dies and the property is not the principal residence of at least one surviving mortgagor....and no other mortgagor retains title to the property." 24 C.F.R. § 206.27(c). Mortgagor Ms. Gillespie died in 2009.

But I am a surviving borrower or mortgagor living in the home as my principal residence, and retain title to the property. Therefore I dispute the Plaintiff’s allegations in its "Verified Complaint to Foreclose Home Equity Conversion Mortgage". (Doc. 2). That means a substantial disputed issue of federal HECM law is a necessary element of the Plaintiff’s state law foreclosure claim that this HECM is due and payable. The 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...". (Doc. 18, page 2).

Fed. R. Civ. Pro 13(g) permits a crossclaim by one party, me, against a coparty, HUD, "if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action." My home is property that is the subject matter of the original action. The Plaintiff’s Complaint (Doc. 2) is an in rem action against my home (Doc. 1,  par.1, par.15) my primary residence (Doc. 5,  2, 6, 9, 20, 118, ) and homestead. (Doc. 9).

Also see my Motion to Reconsider, Vacate or Modify Order filed July 2, 2013 in the U.S. Eleventh Circuit Court of Appeals, No. 13-11585-B. Most of the pleadings are posted on Scribd, including my Notice of Removal, the foreclosure complaint, my motion to dismiss and exhibits, and complaint to the Consumer Financial Protection Bureau (CFPB), parts one, two and three.

Treaties of the United States, affidavits and appeal to the United Nations

My affidavit to the United Nations shows I have a well-founded fear of political persecution.

My Urgent Appeal to the United Nations seeks an observer and protection from political persecution in the United States. The Florida Bar is a cross-party for political persecution in Petition No. 13-7280 and is represented by Bridget Smitha of Greenberg & Traurig, P.A. Separately I asked former President Jimmy Carter for an observer under the International Covenant on Civil and Political Rights (ICCPR) which I learned about through his article, U.S. Finally Ratifies Human Rights Covenant, on the Carter Center website.

Ethics Investigation of Attorney General Pam Bondi 
 
The Florida Commission on Ethics opened investigations for Misuse of Public Position, F.S. § 112.313(6) on December 17, 2013 against Attorney General Pam Bondi and others (the complaints were dismissed as not legally sufficient; no factual investigation was done), who conspired with Respondent David A. Rowland, General Counsel for Respondent Thirteenth Judicial Circuit Florida, and other Respondents and non-respondents, in Petition No. 12-7747. My affidavit to the United Nations shows fraud or impairment of Petition No. 12-7747, a legitimate government activity, 18 U.S.C. § 371, a conspiracy against my rights, 18 U.S.C. § 241, to deprive me of rights under color of law, 18 U.S.C. § 242.

 Request for an investigation of fraud or impairment of Petition No. 12-7747

Jan-10-2014, Dear Sen. Nelson, Sen. Rubio, AUSA Bentley, AUSA Handberg, Marshal Berger...

This is a request for an investigation of fraud or impairment of Petition No. 12-7747 for writ of certiorari to the U.S. Supreme Court....In 2001 the Florida Attorney General intervened in Neil Gillespie v. ACE Cash Express, Inc. citing Florida RICO jurisdiction. Roger B. Handberg, Senior Assistant Attorney General, Economic Crimes Division, appeared for the AG and got a $500,000 settlement for Florida. Mr. Handberg was present June 12, 2002 at a mediation in Tampa and knew I was not satisfied with Barker, Rodems & Cook (BRC) who represented me. On or about May 22, 2002 I called...read more

Florida Commission on Human Relations

Jodi Jones, Regulatory Specialist, Governor Rick Scott
Florida Commission on Human Relations
December 31, 2013

....My complaint alleged violations of constitutional civil rights and disability rights... F.S. § 760.51 Violations of constitutional rights, civil action by the Attorney General; civil penalty. Here, the Attorney General, part of the Executive Branch, wrongly conspired with the
Judicial Branch (Fla. Const. Art. II, Sec. 3, branches of govt. ) to obstruct justice and violate my constitutional civil rights and disability rights. My complaint includes 21 parties, not just the Attorney General, see the attached complaint. The Florida Bar has opened two inquires:

1. The Florida Bar File No. 2014-30,525 (9A), for Danielle Nicole Parsons, Bar ID 29364.
2. Unlicensed Practice of Law Investigation of Yolanda I. Martinez, Case No. 20143031(9A).

The Florida Commission on Ethics gave notice December 17, 2013 of seven complaints for
Misuse of Public Position, § 112.313(6) F.S. I hereby waive confidentiality, see attached:
(the complaints were dismissed as not legally sufficient; no factual investigation was done).

Complaint No. 13-201, Pamela Jo Bondi, Attorney General of Florida, Executive Branch
Complaint No. 13-202, Diana R. Esposito, Chief Asst. Attorney General, Executive Branch
Complaint No. 13-203, Kenneth V. Wilson, Asst. Attorney General, Executive Branch
Complaint No. 13-204, Valerie Williford, Employee of Attorney General, Executive Branch
Complaint No. 13-205, Laura Martin, Employee of Attorney General, Executive Branch
Complaint No. 13-206, David Rowland, Gen. Counsel, Thirteenth Judicial Circuit, Judicial Branch
Complaint No. 13-207, Sandra Burge, paralegal, Thirteenth Judicial Circuit, Judicial Branch

Therefore, the Florida Commission on Human Relations should ask the Governor to appoint
another person to perform such duty in the Attorney General’s stead as provided by F.S. §16.02.
This letter to Governor Scott also requests appointment of another person under F.S. §16.02.

F.S. § 16.02 Appointment of person to act in case of disability of Attorney General.—
In case of the disability of the Attorney General to perform any official duty devolving on him or
her, by reason of interest or otherwise, the Governor or Attorney General of this state may
appoint another person to perform such duty in the Attorney General’s stead....read more
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National Business Report, Reverse Mortgage Risk (6/4/13)
Interview with homeowner Robert Bennett

______________________________________________________________________

Congressman Elijah Cummings
U.S. Congressman Elijah Cummings, Ranking Member United States House Committee on Oversight and Government Reform.

McCalla Raymer LLC, a notorious foreclosure mill cited in a letter by U.S. Congressman Elijah Cummings to Steve Linick, Inspector General of the Federal Housing Finance Agency, asking for an "investigation into widespread allegations of abuse by private attorneys and law firms hired to process foreclosures as part of the "Retained Attorney Network" established by Fannie Mae." Congressman Cummings wrote this about McCalla Raymer, LLC:

"Another firm in the Retained Attorney Network, McCalla Raymer, L.L.C., is a defendant in a federal lawsuit in which the plaintiffs allege that it engaged in fraud, racketeering, and the manufacture of fraudulent foreclosure documents. Reportedly, this firm established operations in Florida under the name Stone, McGehee & Silver and hired ten former Stern law firm employees. The firm Stone, McGehee and Silver, LLC, dba McCalla Raymer currently appears as a "Designated Counsel/Trustee" in Florida for Freddie Mac."

McCalla Raymer, LLC was also sued in the following federal lawsuits of which I am aware:

Muradas et al v. M&T Bank, RMS, 0.13-cv-60178-RSR
U.S. District Court, Southern District of Florida
Caceres v. McCalla Raymer, LLC, 1.13-cv-20035
U.S. District Court, Southern District of Florida
Jenkins et al v. McCalla Raymer, LLC et al, 1:10-cv-03732-CAP
U.S. District Court, N.D. Georgia, Atlanta Division
Marcia Moore v McCalla Raymer, LLC, 1:12-CV-1714-TWT
U.S. District Court, N.D. Georgia, Atlanta Division
Thompson-El v. Bank of America, et al, case no. 1:12-CV-840-TWT
U.S. District Court, N.D. Georgia, Atlanta Division

For more on Congressman Cummings' letter and Florida foreclosure mills, see Federal Housing Finance Agency, Office of Inspector General, FHFA-OIG on the Justice Network
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Florida foreclosure defense attorney Matt Weidner says the banks are destroying America. Watch his impassioned plea for people to take notice and get involved in fighting for our country against special interests. Foreclosure Is Financial Terrorism, Is it also Treason?

1 comment:

  1. Awesome Stuff which i am looking for it must be necessary to take strong steps against to
    Stop Foreclosure because it become the biggest problem which is faced by so many people.

    ReplyDelete