Grand Theft Re Judge Ann Melinda Craggs and Mr. Wilson MCSO Ocala PD

Lt. Charles Welch

Sheriff Billy Woods                              Chief Greg Graham
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 NOTE
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) 

Evidence ID # PL-2 is an Adjustable Rate Home Equity Conversion Mortgage admitted as evidence on July 18, 2017. (Exhibit 3).

Adjustable Rate Home Equity Conversion Mortgage
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

Paragraph 10. No Deficiency Judgments, appears on page 4, and states:

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,.; and

I 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.—
(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.

Count V - Chapter 825, Abuse, Neglect, And Exploitation
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,
(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. 

Count VII - violated Oath of Office, Art. II, sec 5(b)

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