Friday, July 19, 2019
Panels Focus on Merit in Selection of Magistrate Judges
Panels Focus on Merit in Selection of Magistrate Judges
U.S. COURTS
Published July 18, 2019
Magistrate judges play a critical role in the federal Judiciary, fulfilling a broad range of responsibilities and easing heavy caseloads in district courts. A new video by the U.S. courts explains the merit selection process for these judges.
When there is an opening for a magistrate judgeship, a merit selection panel is formed. This panel consists of five practicing lawyers and two non-lawyer community leaders. The panel’s job is to narrow the applications—typically 60 to 100—down to five candidates, who are then recommended to the district judges.
The panel considers many factors, such as the candidate’s standing with the bar of the highest court of a state, commonwealth or territory; and the candidate’s moral character, and emotional and physical health.
"Intelligence, hard work, honesty…those are probably the biggest qualities that I would look for in a magistrate judge," says Magistrate Judge Gordon Gallagher, of the District of Colorado.
The balance of lawyers and non-lawyers in the panel ensures that candidates will be well-rounded. While lawyers focus on the legal aspects of the candidates’ qualifications, lay members evaluate the candidate based on the community’s interests.
"Our communities are diverse…and when the court reflects that, the community has confidence that the court is a sound court," says Magistrate Judge Ramon Reyes, Jr., of the Eastern District of New York.
Learn more about magistrate judges and other types of federal judges.
United States magistrate judge, Wikipedia
28 U.S. Code Chapter 43 - UNITED STATES MAGISTRATE JUDGES
A Guide To The Federal Magistrate Judges System
Top 10 Things You Probably Never Knew About Magistrate Judges
Mistitling of the United States Magistrate Judge
Thursday, July 4, 2019
Reply to Scott McInerney, Director Executive Investigations, FDLE Jun-28-2019
Executive Investigations
Florida Department of Law Enforcement
2331 Phillips Road ScottMcinerney@fdle.state.fl.us
FDLE File EI-73-8657/628
Reply to Scott McInerney, Director Executive Investigations, FDLE Jun-28-2019
Mr. McInerney:
This is in reply to your letter June 19, 2019, copy enclosed. You wrote in part,
"Your recent correspondence to the Florida Department of Law Enforcement (FDLE) was forwarded to the Office of Executive Investigations (OEI) for review. In your correspondence, you alleged misconduct against several court appointed officials and you expressed concerns regarding a foreclosed home. Upon review, it was determined that your complaint does not warrant an investigation by FDLE."You also erroneously referred "misconduct" by Judge Ann Melinda Craggs to the Judicial Qualifications Commission (JQC); and you erroneously referred misconduct by attorney Curtis Wilson to The Florida Bar. Mr. Mcinerney, please disabuse yourself that I complained about judicial and/or attorney "misconduct". I complained about crimes, not professional misconduct.
On June 13, 2019 I made, inter alia, a referral to the FDLE for formal criminal charges against Judge Ann Melenda Craggs for violation of Fla. Stat. § 817.568(8)(a) Criminal use of personal identification information; and related crimes together with Curtis Wilson, Esq., in the wrongful foreclosure of my Fla. residential homestead. (Copy enclosed)
On June 20, 2019 I made, inter alia, a referral to the FDLE for formal criminal charges against Judge Ann Melenda Craggs for violation of Fla. Stat. § 812.014(1) and § 812.014 (2)(a)1 Grand Theft; and related crimes together with Curtis Wilson, Esq., in the wrongful foreclosure of my Fla. residential homestead. (Copy enclosed)
I am certain you know and understand the difference between crimes such as 817.568(8)(a), 812.014(1), and 812.014 (2)(a)1, and misconduct by judges and lawyers. The FDLE can prosecute those crimes, while the JQC and The Florida Bar cannot prosecute crimes.
The Marion County Sheriff’s Office (MCSO) referred me to the FDLE and the FBI for the crimes of 817.568(8)(a), 812.014(1), and 812.014 (2)(a)1 as attached. Timothy T. McCourt, general counsel for the MCSO, also advised me to contact the FDLE and FBI. Furthermore, your referral to private counsel is misplaced. Mr. McCourt is a lawyer and member of The Florida Bar, and he advised me to contact the FDLE and FBI.
I reiterate my request to the FDLE to prosecute 817.568(8)(a), 812.014(1), and 812.014 (2)(a)1 as set forth in the attached/enclosed complaints. Thank you.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
352-854-7807
neilgillespie@mfi.net
Attachments/Enclosures
REQUEST for PROSECUTON Judge Ann Melinda Craggs and Mr. Wilson Violated Fla. Stat. § 817.568(8)(a)
Special Agent in Charge
Federal Bureau of Investigation
5525 West Gray Street
Tampa, FL 33609
Rick Swearingen, Commissioner
Florida Department of Law Enforcement FDLE
2331 Phillips Road
Tallahassee, FL
RE: REQUEST for PROSECUTION Judge Ann Melinda Craggs and Mr. Wilson Violated Fla. Stat. § 817.568(8)(a)
Gentlemen:
This is a referral for formal criminal charges against Judge Ann Melenda Craggs for violation of Fla. Stat. § 817.568(8)(a) Criminal use of personal identification information; and related crimes together with Curtis Wilson, Esq., in the wrongful foreclosure of my Fla. residential homestead.
Judge Ann Melenda Craggs ("Judge Craggs") has presided over the foreclosure of my home in Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al., Case No.: 2013-CA-00115, Marion County Circuit Court, Florida Fifth Judicial District, since August 18, 2016, after the recusal, sua sponte, of Judge Steven G. Rogers, see Doc-354 Order of Recusal, entered on August 17, 2016. The case commenced on January 9, 2013 in Marion County.
Reverse Mortgage Solutions, Inc. ("RMS") is represented by Curtis Alan Wilson (Bar ID 77669) of McCalla, Raymer, Leibert, Pierce, LLC, 225 E. Robinson St. Suite 115, Orlando, FL 32801.
RMS is an active (as of today) Foreign Profit Corporation registered with the Florida Division of Corporations. The 2019 Foreign Profit Corporation Annual Report for RMS appears online, and shows the address for RMS: 14405 Walters Road, Suite 200, Houston, TX 77014.
RMS and its parent company Ditech Holding Corporation are in chapter 11 bankruptcy, consolidated case number 1:19-bk-10412 in the New York Southern Bankruptcy Court.
This referral is to both the MCSO and the OPD since either agency may have jurisdiction, as I understand, over crimes occurring July 18, 2017, in the Marion County Judicial Center, 110 NW 1st Ave., Ocala, FL 34475 during a non-jury trial where Judge Craggs entered a Final Judgment of Foreclosure that does not mention the arguments I made before becoming sick, or mention the fact that I was transported to the hospital before the trial ended, and left without anyone to represent me. Judge Craggs did not include any of my documents into evidence.
I am age 63. I am disabled with type 2 diabetes since 2006. Social Security determined I was totally disabled since 1992 following a traumatic brain injury as a survivor of a street robbery.
Judge Craggs and Mr. Wilson continue to rely upon the fruits of their crime in the wrongful foreclosure of my Florida residential homestead property located at 8092 SW 115th Loop, Ocala, Florida, 34481, Marion County.
The Plaintiff’s (RMS) state court in rem action alleges the 2009 death of Penelope Gillespie is grounds to foreclose a Home Equity Conversion Mortgage on my homestead residence, 8092 SW 115th Loop, Ocala, Marion County, Florida in a 55+ community called Oak Run. The property’s market value is $80,565 according to the MCPA (2018). I am one of three (3) borrowers, with my mother Penelope Gillespie, and brother Mark Gillespie.
A Home Equity Conversion Mortgage, or HECM, is a Federal Housing Administration (FHA) "reverse" mortgage program administered by the Secretary, United States Department of Housing and Urban Development (Secretary or HUD) to enable home owners over 62 years old access the subject home's equity. 12 U.S.C. § 1715z20 et seq. and 24 C.F.R. Part 206. The record shows substantial violations of the HECM rules by the HUD-approved lender and lender parties.
A HECM does not require a homeowner to make mortgage payments as a conventional
mortgage does. Instead, a HECM does not become due and payable until the last surviving
homeowner dies or no longer lives in the home. 12 U.S.C. § 1715-z20(j) Safeguard to prevent
displacement of homeowner. The HECM becomes due and payable in full "if a mortgagor dies
and the property is not the principal residence of at least one surviving mortgagor....and no other
mortgagor retains title to the property." 24 C.F.R. § 206.27(c).
I am one of two surviving HECM mortgagors, and the only surviving homeowner living in the home, alone, in substantial compliance with the HECM Note, making this foreclosure of a HECM premature. My bother Mark Gillespie of Fort Worth Texas is also a surviving borrower, but he does not live in the home. The HECM becomes due and payable in full "if a mortgagor dies and the property is not the principal residence of at least one surviving mortgagor....and no other mortgagor retains title to the property." 24 C.F.R. § 206.27(c). Mortgagor Ms. Gillespie died in 2009. But I am a surviving borrower or mortgagor living in the home as my principal residence, and retain title to the property. Therefore I dispute the Plaintiff’s allegations in its "Verified Complaint to Foreclose Home Equity Conversion Mortgage".
Judge Craggs and Mr. Wilson violated Fla. Stat. § 817.568(8)(a)
Judge Craggs and Mr. Wilson violated Fla. Stat. § 817.568(8)(a) Criminal use of personal identification information, used as trial evidence in the foreclosure.
Section 817.568(8)(a) states:
(8)(a) Any person who willfully and fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning a deceased individual or dissolved business entity commits the offense of fraudulent use or possession with intent to use personal identification information of a deceased individual or dissolved business entity, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.My mother, Penelope Gillespie, died on September 16, 2009. RMS alleged so in paragraph 5 of its Verified Complaint To Foreclose Home Equity Conversion Mortgage.
Penelope Gillespie was dead on July 18, 2017 when Mr. Wilson submitted trial evidence in violation of § 817.568(8)(a),
Notice of Default and Intent to Foreclosebecause the Notice of Default and Intent to Foreclose is dated June 8, 2012 to "Penelope Gillespie" and "Dear Penelope Gillespie". The Evidence List appears at Exhibit 1. The Notice of Default and Intent to Foreclose appears at Exhibit 2 and is signed by Judge Craggs.
Date Admitted As Evidence: 07/18/2017
Evidence ID: PL-4
The Notice of Default and Intent to Foreclose does not inform "Penelope Gillespie" because she died on September 16, 2009. A deceased person cannot own property, or respond to this notice. This notice is defective.
A HECM foreclosure must commence within 6 months. 24 C.F.R. § 206.125(d)(1). Borrower Penelope Gillespie died September 16, 2009. The Plaintiff did not commence this foreclosure until January 9, 2013.
Because the Plaintiff missed the time to bring a foreclosure, it has relied on false documents showing Penelope Gillespie is still alive, including its notice of foreclosure, and routine correspondence addressed to "Penelope Gillespie".
The Plaintiff’s (RMS) envelope to the NOTICE OF DEFAULT AND INTENT TO
FORECLOSE (Exhibit 2) shows different names for U.S. Postal Service Certified Mail,
and is therefore fraudulent, because the Notice begins, "Dear Penelope Gillespie:" and not,
"Dear Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust Agreement dated February 10, 1997"In fact the trust is not mentioned at all. Mark Gillespie was not provided a Notice of Default at his home in Fort Worth, Texas.
Therefore service on Neil J. Gillespie and Mark Gillespie, is fatally flawed. The Trust was not sued. Penelope Gillespie was not sued. The Estate of Penelope Gillespie was not sued.
On information and belief, the Plaintiff sued the wrong party in suing "Neil J.
Gillespie and Mark Gillespie as Co-Trustee of the Gillespie Family Living Trust
Agreement Dated February 10, 1997", see the Foreclosure Benchbook 2013 "Parties
to the Foreclosure Action", "Necessary and Proper Defendants" on page 16:
1. The owner of the fee simple title - only indispensable party defendant toThe titleholder on January 9, 2013 when the case was filed was the "Gillespie Family Living Trust Agreement Dated February 10, 1997". The Plaintiff failed to sue the only indispensable party. Therefore, the foreclosure is void. See Filing # 83954243 E-Filed 01/27/2019 11:53:01 PM
a foreclosure action. English v. Bankers Trust Co. of Calif., N.A., 895 So.
2d 1120, 1121 (Fla. 4th DCA 2005). Foreclosure is void if titleholder
omitted...
DEFENDANT NEIL J. GILLESPIE’S AMENDED VERIFIED MOTION TO VACATE FINAL JUDGMENT OF FORECLOSURE AND CANCEL MARCH 11, 2019 FORECLOSURE SALEI demand Judge Craggs, and Mr. Wilson, be prosecuted for violation of § 817.568(8)(a), a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Judge Craggs and Mr. Wilson also violated related laws, such as,
F.S. § 837.06 False official statements .—Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.Mr. Wilson and Judge Craggs made false statements in writing to mislead the Marion County Clerk in the performance of his duties. Regarding Judge Craggs,
F.S. § 838.022 Official misconduct.—Judge Craggs knowingly and intentionally obtained a benefit (foreclosure) for any person (Mr. Wilson) or to cause unlawful harm to another (Neil J. Gillespie) by falsifying, or causing another person to falsify, any official record or official document;
(1) It is unlawful for a public servant or public contractor, to knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another, by:
(a) Falsifying, or causing another person to falsify, any official record or official document;
F.S. § 839.13 Falsifying records.—Chapter 825, Abuse, Neglect, And Exploitation Of Elderly Persons and Disabled Adults
(1) Except as provided in subsection (2), if any judge, justice, mayor, alderman, clerk, sheriff, coroner, or other public officer, or employee or agent of or contractor with a public agency, or any person whatsoever, shall steal, embezzle, alter, corruptly withdraw, falsify or avoid any record, process, charter, gift, grant, conveyance, or contract, or any paper filed in any judicial proceeding in any court of this state, or shall knowingly and willfully take off, discharge or conceal any issue, forfeited recognizance, or other forfeiture, or other paper above mentioned, or shall forge, deface, or falsify any document or instrument recorded, or filed in any court, or any registry, acknowledgment, or certificate, or shall fraudulently alter, deface, or falsify any minutes, documents, books, or any proceedings whatever of or belonging to any public office within this state; or if any person shall cause or procure any of the offenses aforesaid to be committed, or be in anywise concerned therein, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
I am an elderly person [825.101(4)] and a disabled adult as defined by Chapter 825.
Judge Craggs is a public officer who corruptly used her official position as judge to secure a special benefit (corrupt foreclosure) for Mr. Wilson.
F.S. § 112.313(6) Misuse of Public Position,Judge Craggs is a public servant as provided by the Fla. Const., Art. V, who violated her Oath of Office, see Art. II, sec 5(b).
(6) MISUSE OF PUBLIC POSITION.—No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31.
(b) Each state and county officer, before entering upon the duties of the office, shall give bond as required by law, and shall swear or affirm:
"I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties of (title of office) on which I am now about to enter. So help me God.",
and thereafter shall devote personal attention to the duties of the office, and continue in office until a successor qualifies.Judge Craggs has committed other crimes in this foreclosure. I may submit those separately. But I may not, if the enclosed evidence and accusations are sufficient to arrest and convict Judge Craggs and Mr. Wilson. The Bar and the Bench have worked since 2013 to confuse just about every issue in this case. I do not want to confuse this case further and thereby undermine any prosecutable crime(s) against Judge Craggs and Mr. Wilson. Thank you.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
neilgillespie@mfi.net
352-854-7807
Enclosures
RE: REQUEST for PROSECUTION Judge Ann Melinda Craggs and Mr. Wilson Violated Fla. Stat. § 817.568(8)(a)
Wednesday, July 3, 2019
Grand Theft Re Judge Ann Melinda Craggs and Mr. Wilson MCSO Ocala PD
 |
| Lt. Charles Welch |
Marion County Sheriff’s Office (MCSO) Ocala Police Department
wwoods@marionso.com ggraham@ocalapd.org
692 NW 30th Ave. 402 S. Pine Ave.
Ocala, FL 34475 Ocala, FL 34471
VIA UPS No. 1Z64589FP294204688
Cc.: Timothy T. McCourt
Tmccourt@marionso.com
Lt. Charles Welch
South-Marion District Commander
cwelch@marionso.com
Marion County Sheriff’s Office (MCSO)
Southwest District
9048 SW State Rd. 200
Ocala, FL 34481
VIA UPS No. 1Z64589FP294292708
RE: Grand Theft Re Judge Ann Melinda Craggs and Mr. Wilson
This is a referral for formal criminal charges against Judge Ann Melenda Craggs for violation of Fla. Stat. § 812.014(1) and § 812.014 (2)(a)1 Grand Theft; and related crimes together with Curtis Wilson, Esq., in the wrongful foreclosure of my Fla. residential homestead.
COUNT I
GRAND THEFT - THE PROPERTY STOLEN IS VALUED AT $100,000 OR MORE
812.014(1) and § 812.014 (2)(a)1
The Grand Theft amounts to $105,401.75 through a fraudulent deficiency judgment.
Proof of Claim filed by Attorney Fisher, MRLP: $185,966.75 (see below)
Value of the property asserted by Attorney Noel, MRLP: $80,565 (see below)
Current projected deficiency judgment: $105,401.75 (see below)
Judge Craggs and Mr. Wilson warrant prosecution for violation of Fla. Stat. § 812.014(1) and § 812.014 (2)(a)1 grand theft in the first degree, punishable as a felony of the first degree, as provided in s. 775.082, s. 775.083, or s. 775.084.
The Office of David R. Ellspermann Marion County Clerk’s Office prepared an Evidence List for a non-jury trial July 18, 2017 that appears at Exhibit 1, in Case Number 13-CA-115, Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie et al.
Evidence ID # PL-1 is Original Adjustable Rate Note (Home Equity Conversion). (Exhibit 2)
Original Adjustable Rate Note (Home Equity Conversion)
13-CA-115-S
Admitted Into Evidence As:
Petitioner’s Exhibit 1
Judge Ann Melinda Craggs
Signed and dated 7/18/17 by Judge Craggs
Paragraph 10 of the Note states: (Exhibit 2)
10. OBLIGATIONS OF PERSONS UNDER THIS NOTEEvidence ID # PL-2 is an Adjustable Rate Home Equity Conversion Mortgage admitted as evidence on July 18, 2017. (Exhibit 3).
If more than one person signs this Note, each person is fully obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note only through sale of the Property. (underline added)
Adjustable Rate Home Equity Conversion MortgageParagraph 10. No Deficiency Judgments, appears on page 4, and states:
13-CA-115-S
Admitted Into Evidence As:
Petitioner’s Exhibit 2
Judge Ann Melinda Craggs
Signed and dated 7/18/17 by Judge Craggs
10. No Deficiency Judgments. Borrower shall have no personal liability for payment of the debt secured by this Security Instrument. Lender may enforce the debt only through sale of the Property. Lender shall not be permitted to obtain a deficiency judgment against Borrower if the Security Instrument is foreclosed. If this Security Instrument is assigned to the Secretary upon demand by the Secretary, Borrower shall not be liable for any difference between the mortgage insurance benefits paid to Lender and the outstanding indebtedness, including accrued interest, owed by Borrower at the time of the assignment.Foreclosure Prevention Options
A four (4) page document by Reverse Mortgage Solutions, Inc., titled "INFORMATION CONCERNING OPTIONS AVAILABLE ON YOUR FEDERALLY INSURED HOME EQUITY CONVERSION MORTGAGE appears at Exhibit 4, and online at this URL
https://myrmloan.com/Documents/ForeclosurePreventionOptions.pdf
Page 1 states, last paragraph:
Am I personally liable for amounts owed on the HECM?
HECM’s are non-recourse loans and you, and your heirs, will not be personally liable for the amounts owed. You and your heirs will not be pursued for any deficiency after foreclosure or after any short sale or 95% payoff that is completed in accordance with the rules, regulations and guidelines of the United States Department of Housing and Urban Development ("HUD").
Page 2 is titled,
What Options Are Available When the HECM loan becomes due and payable?
Page 3 states at paragraph (7):
(7) Walk Away. There is always the option of walking away and permitting the lender to foreclose. This is a non-recourse reverse mortgage loan and the borrower, the borrower’s estate and borrower’s heirs will not be pursued for a deficiency judgment after a foreclosure.
The Plaintiff’s VERIFIED COMPLAINT TO FORECLOSE HOME EQUITY CONVERSION MORTGAGE, 40 pages filed January 9, 2013, is available online, see the Marion County Clerk’s website at https://www.marioncountyclerk.org/
The "WHEREFORE" part of the verified complaint alleges at paragraph g, "WHEREFORE, Plaintiff requests this Honorable Court grant judgment in its favor as follows: (pp 4-5)
g. Retain jurisdiction of this cause and the parties hereto to determine Plaintiffs entitlement to a deficiency judgment and the amount thereof; unless any Defendant personally liable shall have been discharged from liability under the subject Note pursuant to the provisions of the Bankruptcy Code 11. U.S.C. § 101, et. seq,.; andI believe the "WHEREFORE" part of this verified complaint is meaningless because the Plaintiff failed to plead grounds or entitlement for a deficiency judgment.
Nonetheless, Judge Craggs found RMS entitled to a deficiency judgment as follows:
The Final Judgment of Foreclosure (Exhibit 5) states at paragraph 10,
10. The Court retains jurisdiction of this action to enter further Orders that are proper including, without limitation, writs of possession, deficiency judgments and re-foreclosure of omitted parties and to determine the amount of assessments due pursuant to Florida Statutes 718.116 or 720.3085, if applicable.Chapter 13 Bankruptcy of Neil J. Gillespie Case No 3:19-bk-00808-JAF
Currently I am in Chapter 13 bankruptcy as a direct result of this reverse mortgage, Case No. 3:19-bk-00808-JAF, U.S. Bankruptcy Court, Middle District of Florida, Jacksonville Division.
Attorney Austin M Noel, Florida Bar No. 106539, McCalla Raymer Leibert Pierce, LLC, represents creditor Reverse Mortgage Solutions, Inc., and filed two motions for relief from the automatic bankruptcy stays, one for me as Debtor (Doc 45) and one for Mark Gillespie (Doc 46).
Attorney Noel contends in each pleading:
Paragraph 3, in part: "On July 18, 2017, a Final Judgment of Foreclosure was entered in the amount of $148,363.32." (Doc 45 and Doc 46)
Paragraph 5, in part: "The Debtor has no equity in the Property, as evidenced by the Marion County Property Appraiser’s value, which lists the value of the Property at $80,565.00," (Doc 45 and Doc 46)
Attorney Melbalynn Fisher of McCalla Raymer Leibert Pierce, LLC filed a Proof of Claim for creditor Reverse Mortgage Solutions, Inc. in the amount of $185,966.75. (Exhibit 6).
Therefore, using the amounts provided by Attorney Noel and Attorney Fisher, the amount of a deficiency judgment exceeds $100.000, calculated as follows:
Proof of Claim filed by Attorney Fisher, MRLP: $185,966.75
Value of the property asserted by Attorney Noel, MRLP: $80,565
Current projected deficiency judgment: $105,401.75
Background
Judge Ann Melenda Craggs ("Judge Craggs") has presided over the foreclosure of my home in Reverse Mortgage Solutions, Inc. v. Neil J. Gillespie, et al., Case No.: 2013-CA-00115, Marion County Circuit Court, Florida Fifth Judicial District, since August 18, 2016, after the recusal, sua sponte, of Judge Steven G. Rogers, see Doc-354 Order of Recusal, entered on August 17, 2016. The case commenced on January 9, 2013 in Marion County.
Reverse Mortgage Solutions, Inc. ("RMS") is represented by Curtis Alan Wilson (Bar ID 77669) of McCalla, Raymer, Leibert, Pierce, LLC, 225 E. Robinson St. Suite 115, Orlando, FL 32801.
RMS is an active (as of today) Foreign Profit Corporation registered with the Florida Division of Corporations. The 2019 Foreign Profit Corporation Annual Report for RMS appears online, and shows the address for RMS: 14405 Walters Road, Suite 200, Houston, TX 77014.
RMS and its parent company Ditech Holding Corporation are in chapter 11 bankruptcy, consolidated case number 1:19-bk-10412 in the New York Southern Bankruptcy Court.
I am age 63. I am disabled as determined by Social Security. Judge Craggs presided over a non-jury trial July 18, 2017 in the Marion County Judicial Center, 110 NW 1st Ave., Ocala, FL 34475. Judge Craggs entered a Final Judgment of Foreclosure that does not mention the arguments I made before becoming sick, or mention the fact that I was transported to the hospital before the trial ended, and left without anyone to represent me. Judge Craggs did not include any of my documents into evidence.
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).
Count II - F.S. § 837.06 False official statements
Judge Craggs and Mr. Wilson also violated related laws, such as,
F.S. § 837.06 False official statements .—Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Mr. Wilson and Judge Craggs made false statements in writing to mislead the Marion County Clerk in the performance of his duties. Regarding Judge Craggs,
Count III - F.S. § 838.022 Official misconduct
F.S. § 838.022 Official misconduct.—
(1) It is unlawful for a public servant or public contractor, to knowingly and intentionally obtain a benefit for any person or to cause unlawful harm to another, by:
(a) Falsifying, or causing another person to falsify, any official record or official document;
Judge Craggs knowingly and intentionally obtained a benefit (deficiency judgment) for any person (Mr. Wilson) or to cause unlawful harm to another (Neil J. Gillespie) by falsifying, or causing another person to falsify, any official record or official document;
Count IV - F.S. § 839.13 Falsifying records
F.S. § 839.13 Falsifying records.—Count V - Chapter 825, Abuse, Neglect, And Exploitation
(1) Except as provided in subsection (2), if any judge, justice, mayor, alderman, clerk, sheriff, coroner, or other public officer, or employee or agent of or contractor with a public agency, or any person whatsoever, shall steal, embezzle, alter, corruptly withdraw, falsify or avoid any record, process, charter, gift, grant, conveyance, or contract, or any paper filed in any judicial proceeding in any court of this state, or shall knowingly and willfully take off, discharge or conceal any issue, forfeited recognizance, or other forfeiture, or other paper above mentioned, or shall forge, deface, or falsify any document or instrument recorded, or filed in any court, or any registry, acknowledgment, or certificate, or shall fraudulently alter, deface, or falsify any minutes, documents, books, or any proceedings whatever of or belonging to any public office within this state; or if any person shall cause or procure any of the offenses aforesaid to be committed, or be in anywise concerned therein, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Of Elderly Persons and Disabled Adults
I am an elderly person [825.101(4)] and a disabled adult as defined by Chapter 825.
Count VI - F.S. § 112.313(6) Misuse of Public Position
Judge Craggs is a public officer who corruptly used her official position as judge to secure a special benefit (corrupt foreclosure) for Mr. Wilson.
F.S. § 112.313(6) Misuse of Public Position,Count VII - violated Oath of Office, Art. II, sec 5(b)
(6) MISUSE OF PUBLIC POSITION.—No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed to conflict with s. 104.31.
Judge Craggs is a public servant as provided by the Fla. Const., Art. V, who violated her Oath of Office, see Art. II, sec 5(b).
(b) Each state and county officer, before entering upon the duties of the office, shall give bond as required by law, and shall swear or affirm:
"I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the state; and that I will well and faithfully perform the duties of (title of office) on which I am now about to enter. So help me God.",and thereafter shall devote personal attention to the duties of the office, and continue in office until a successor qualifies.
Count VIII - Art. II, Sec 8. Ethics in government.—A public office is a public trust.
The people shall have the right to secure and sustain that trust against abuse.
Note: The Judicial Qualifications Commission (JQC) has reviewed my complaints against Judge Craggs (Docket No. 16-561; Docket No. 19-032) and reached the same conclusion:
The Investigative Panel of the Commission has completed its review of your complaint in the above matter and has determined, at its most recent meeting, that the concerns you have expressed are not allegations involving a breach of the Code of Judicial Conduct warranting further action by the Commission but are matters for review through the normal court process.
The purpose of the Commission is to determine the existence of judicial misconduct and disability as defined by the Constitution and the laws of the State of Florida. If such misconduct or disability is found, the Commission can recommend disciplinary action to the Florida Supreme Court. The Commission has found no basis for further action on your complaint that therefore has been dismissed.Therefore, jurisdiction shifts to law enforcement for "review [trial] through the normal court process" as stated in the attached JQC close-out letters for Judge Craggs, because,
A public office is a public trust. The people shall have the right to secure and sustain that trust against abuse. - Art. II, Sec 8. Ethics in government.Judge Craggs has committed other crimes in this foreclosure. I may submit those separately. But I may not, if the enclosed evidence and accusations are sufficient to arrest and convict Judge Craggs and Mr. Wilson. The Bar and the Bench have worked since 2013 to confuse just about every issue in this case. I do not want to confuse this case further and thereby undermine any prosecutable crime(s) against Judge Craggs and Mr. Wilson. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
neilgillespie@mfi.net
352-854-7807
RE: Grand Theft Re Judge Ann Melinda Craggs and Mr. Wilson
Monday, July 1, 2019
Few people seek legal solutions to their justice problems, worldwide survey finds
ABA Journal Online
By Debra Cassens Weiss
June 27, 2019
About half of people surveyed from around the world said they experienced a recent civil legal problem, but most did not turn to lawyers and courts.
The study by the World Justice Project found that 49% of people experienced at least one legal problem in the past two years. Among the surveyed group, 29% sought any form of advice, and those who did preferred to turn to family or friends. Only 17% took their problem to an authority or third party to mediate or adjudicate their problem.
Only 29% of those with legal problems recognized that their issue was legal in nature.
Yet the legal problems had a big impact. Twenty-nine percent said they experienced physical or stress-related ill health as a result of the legal problem, while 23% said they lost their job or had to relocate.
The survey, available here, draws on data from a general population poll of more than 100,000 people in 101 countries, including the United States, in 2017 and 2018.
The survey found that the prevalence and severity of problems varies by country, but the most common problems relate to consumer issues, housing, and money and debt. Problems included disputes with landlords, neighbors, utilities, insurers and people providing professional services. Other problems included extortion from a gang or criminal organization, becoming homeless, and difficulty collecting money owed.
In the United States, 66% of those surveyed had experienced a legal problem in the past two years. The most commonly reported legal problems concerned consumer issues (reported by 30%), housing (31%), and money and debt (36%).
Thirty-three percent of those reporting legal problems in the United States were able to access help. Forty-nine percent sought advice from friends and family; 38% turned to a lawyer or professional advice service; and 15% got help from a court, government body or police.
Sixty-eight percent said they felt the process followed to resolve the problem was fair.
The World Justice Project describes itself as, an independent, multidisciplinary organization working to advance the rule of law worldwide. Elizabeth Andersen, WJP executive director, said in a press release that the findings are "a wake-up call to the legal profession and justice sector in rich and poor countries worldwide: Access to justice is a fundamental quality of life issue and our justice systems are failing people with often dire consequences." Read more
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