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)
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