 |
| Lt. Charles Welch, MCSO |
South-Marion District Commander
Southwest District Office
9048 SW State Rd. 200
Ocala, FL 34481
Mr. Wilson/Judge Craggs Violation of Fla. Stat. § 817.568(8)(a) Criminal use of personal identification information, etc.
Begining on page 11: APPELLANT’S MOTION TO STRIKE APPELLEE’S "REPLY", CASE NO. 5D19-3479, Fifth District Court of Appeal, Gillespie v. RMS
21. On or about June 13, 2019 I personally met with Marion County Sheriff’s Office Lt. Charles Welch, the South-Marion District Commander, at 8:00 AM in his office at 9048 SW State Rd. 200, Ocala, FL 34481 to request 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. My written request to the MCSO appears at Exhibit 9. MCSO Deputy Hunter McMurray, badge 6015, attended the meeting.
22. 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. Fla. Stat. § 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.
23. 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 Foreclose
Date Admitted As Evidence: 07/18/2017
Evidence ID: PL-4
because 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.
24. 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.
25. 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.
26. 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".
27. 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.
28. 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.
29. 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" page 16:
1. The owner of the fee simple title - only indispensable party defendant to
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...
30. The 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
31. Judge Craggs and Mr. Wilson violated related laws, such as, (See Exhibit 9)
- F.S. § 837.06 False official statements
- F.S. § 838.022 Official misconduct
- F.S. § 839.13 Falsifying records
- 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.
- 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
- 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).
32. Lt. Welch said the MCSO will not investigate or refer for prosecution crimes committed by lawyers and/or judges if committed during the course of their professional practice. I reminded Lt. Welch that 817.568(8)(a) pertains to "Any person" and that includes lawyers and/or judges whether or not in their personal or professional life. Lt. Welch disagreed; he referred me to the FDLE and/or the FBI.
33. "Basic rights.—All natural persons, female and male alike, are equal before the law..." Art I, sec. 2, Fla. Const. Lawyers and judges are "natural persons" and equal before the law, including 817.568(8)(a) that Lt. Welch refused to enforce, and pertains to "Any person" - including lawyers and judges.
The People’s Bar, an unincorporated assn., Art. I, Sec. 2, Fla. Const.
34. Appellant’s Responses to Notice of Appellant Responsibilities appears at paragraph 5, page 2, DOC-205 Case 3:19-bk-00808-JAF, US Bankruptcy Court, and here at Exhibit 10, and states in relevant part:
5. This chapter 13 bankruptcy has been compromised by a number of issues:
a. The unconstitutional HECM reverse mortgage program;
b. The wrongful foreclosure of my home on a HECM reverse mortgage by the foreclosing plaintiff, Reverse Mortgage Solutions, Inc.;
c. Violation of criminal law by the foreclosing plaintiff, Reverse Mortgage Solutions, Inc., and its counsel, n.k.a. McCalla Raymer Leibert Pierce, LLC.;
d. The contemporaneous 2019 Chapter 11 Bankruptcy of Ditech Holding Corporation, parent company of the foreclosing plaintiff, Reverse Mortgage Solutions, Inc.
e. Corruption by The Florida Bar (a private lawyers guild, an unincorporated association, and a unified bar association) of the US legal system, including the US Supreme Court* and all inferior federal and state courts, the US Department of Justice, and US Trustee.
*An exception is Justice Thomas who granted the Appellant’s applications to
extend time on three separate occasions.
Ultimately this is the result of lawyer-judges (the US does not have professional judges) and lawyers who are members of unified bar associations (about 75 percent; undermining the lawyer's independent exercise of professional judgment, from the client and the interest of justice, to serving the bar to keep his/her bar card, the license to practice) as members of the judicial branch of government, who usurp the constitutional separation of powers, and enter the legislative branch (congress) and the executive branch (president, DOJ). In Marion County Florida, the Marion County Bar Association, Inc. undermines the rule of law by, inter alia, rigging cases (or suggesting outcomes) and bribing lawyer-judges with food, entertainment, and promised rigged public elections (by and through the assurance of no opponents), and other bar-bench schemes concocted at the exclusive and private Golden Ocala Golf and Equestrian Club in Ocala, Florida and elsewhere.
35. Therefore, a "People’s Bar", is needed, perhaps modeled after The Florida Bar as an unincorporated association, because under Art. I, Sec. 1, Fla. Const.:
SECTION 1. Political power.—All political power is inherent in the people. The enunciation herein of certain rights shall not be construed to deny or impair others retained by the people.
