US Supreme Court petitions, reverse mortgage foreclosure

UPDATED APRIL 16, 2018

• USSC Petition No. 17 7053 for Rehearing Denied April 16, 2018
• USSC Petition No. 17 7054 for Rehearing Denied April 16, 2018 

UPDATED APRIL 12, 2018

• USSC Application No. 17A878 GRANTED by Justice Thomas

FBI Special Agent in Charge Eric W. Sporre Request Criminal Prosecution Foreclosure FRAUD

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• USSC Petition No. 17-7053 for writ of certiorari Denied February 20, 2018 
• Petition for Rehearing Order Denying USSC Petition No. 17-7053 for Certiorari
• USSC Petition No. 17-7053 Docket, Distributed for Conference of 04-13-2018

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•  USSC Petition No. 17-7054 for writ of certiorari Denied February 20, 2018 
• Petition for Rehearing Order Denying USSC Petition No. 17-7054 for Certiorari
• USSC Petition No. 17-7054 Docket, Distributed for Conference of 04-13-2018

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December 30, 2017

The U.S. Supreme Court has docketed my two petitions for writ of certiorari in the wrongful foreclosure of my home on a reverse mortgage.

Docket for 17-7053 (Supreme Court of Florida Case #SC17-1570)
Title: Neil J. Gillespie, Petitioner v. Reverse Mortgage Solutions
Neil J. Gillespie, Petitioner. Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 10, 2018) Party name: Neil Gillespie

Docket for 17-7054 (Supreme Court of Florida Case #SC17-1572)
Title: Neil J. Gillespie, Petitioner v. Reverse Mortgage Solutions
Neil J. Gillespie, Petitioner. Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 10, 2018) Party name: Neil Gillespie

                                        QUESTIONS PRESENTED
                               (same questions presented for each petition)

1.    Does the Seventh Amendment to the United States Constitution guarantee the right to a trial by jury in a state court residential home foreclosure of a federal Home Equity Conversion Mortgage [12 USC § 1715z–20; 24 CFR Part 206] also called a HECM reverse mortgage?

2.    Does a disabled homeowner age 61 have a right to assistance of counsel under the federal Older Americans Act, 42 U.S. Code Chapter 35 - PROGRAMS FOR OLDER AMERICANS, for old age, and disability including Post Traumatic Stress Disorder (PTSD), and Traumatic Brain Injury (TBI)?

3.    Can the Civil Rights Division, Voting Section, U.S. Department of Justice ignore the enclosed Voting Section complaint against Florida’s rigged judicial elections?

4.     Can the U.S. Department of Justice deny on May 18, 2017 my FOIA into the mental health screening imposed by the Florida Supreme Court on bar applicants, because the records you have requested pertain to an ongoing law enforcement proceeding?

5.    Can the U.S. Supreme Court ignore wrongdoing in Petition 12-7747 for a writ of certiorari as stated in the enclosed letter of Mr. Clayton Higgins on October 19, 2016?

6.    Do time limits on civil litigation have any meaning? Pursuant to Fla. R. Jud. Admin. 2.250(a)(1)(B), the time standard for a civil trial case is 18 months from filing to final disposition. Non-jury cases — 12 months (filing to final disposition)

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SCOTUS Petition No 17-7053 (petition only) Complete petition file

• EMERGENCY PETITION TO CANCEL NON-JURY TRIAL 10.00 AM TODAY

• APPENDIX A DEFENDANTS' EMERGENCY MOTION TO CANCEL HEARING JULY 18, 2017

• APPENDIX B DEFENDANTS NOTICE OF FILING U.S. SUPREME COURT PETITION AND RESPONSE

• APPENDIX 1 Order Dismissal Mar-31-2017, Notice Appeal Mar-27-2017

• APPENDIX 2 NOTICE OF FILING FEDERAL CIVIL RIGHTS COMPLAINT

• APPENDIX 3 US Supreme Court Clerk's Reply Letter Mr Higgins Oct-19-2016

• APPENDIX 4 Affidavit of Neil Gillespie Re Dr. Kassels Jun-12-2017

• APPENDIX 5 AFFIDAVIT OF NEIL J GILLESPIE Traumatic Brain Injury (TBI)

• APPENDIX 6 Affidavit of Neil J. Gillespie HECM Age Limits

• APPENDIX 7 Affidavit of Neil J. Gillespie - Defenses and Claims in Recoupment

• APPENDIX 8 Petitioners Motion to Correct Fraud Upon the Court

• APPENDIX 9 AFFIDAVIT OF NEIL GILLESPIE, Non-Jury Trial July 18, 2017

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SCOTUS Petition No. 17-7054 (petition only) Complete petition file

• 5thDCA Petition for Writ of Prohibition

• APPENDIX A Verified Motion To Disqualify Circuit Judge Ann Melinda Craggs

• APPENDIX B Second Verified Motion To Disqualify Circuit Judge Ann Melinda Craggs

• APPENDIX C Defendants Motion to Cancel Hearing Set For November 28, 2016 

• APPENDIX D Defendants Second Motion to Cancel Hearing Set For November 28, 2016

• APPENDIX E Judicial Disqualification - Memorandum of Law 

• APPENDIX F Notice of Refiling Federal Civil Rights Complaint Due to Official Misconduct By David R. Ellspermann

• APPENDIX G Instruction To The Clerk Administrative Order A-2013-56 Foreclosure Case Status Reporting

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The time to help lawyers with mental health services is now, new report says

The time to help lawyers with mental health services is now, new report says

ABA Journal Online Daily News
By Stephanie Francis Ward
Posted August 14, 2017, 12:15 pm CDT

The stigma of attorneys seeking help for mental health disorders needs to be eliminated, according to a report released Monday by various groups, including the American Bar Association’s Commission on Lawyer Assistance Programs.

"To be a good lawyer, one has to be a healthy lawyer. Sadly, our profession is falling short when it comes to well-being," states the report (PDF) from the the National Task Force on Lawyer Well-Being.

It cites a 2016 study done by the commission and the Hazelden Betty Ford Foundation, which found that out of 13,000 lawyers surveyed, between 20.6 and 36.4 percent could be considered problem drinkers. The study also found that 28 percent of those surveyed suffered from depression, and 19 percent had anxiety.

The 73-page report, titled "The Path to Lawyer Well-Being: Practical Recommendations for Positive Change," also cites a 2016 study of law student well-being. Out of 3,300 students surveyed, 43 percent reported binge drinking at least once in the prior two weeks. The study defined binge drinking as consuming at least four alcoholic drinks in one sitting for women, and at least five in one sitting for men.

The Conference of Chief Justices, which helped develop the report, endorsed its recommendations last week, according to an ABA press release. Other recommendations include partnering with lawyer assistance programs, fostering respectful engagement in the profession and enhancing lawyers’ sense of self-control in their work responsibilities.

"Practices that rob lawyers of a sense of autonomy and control over their schedules and lives are especially harmful to their well-being. Research studies show that high job demands paired with a lack of a sense of control breeds depression and other psychological disorders," the report states. "Research suggests that men in jobs with such characteristics have an elevated risk of alcohol abuse."

Bree Buchanan, director of the State Bar of Texas’ LAP program, and James C. Coyle, attorney regulation counsel for the Colorado Supreme Court, co-chaired the task force. Their report includes action plans with checklists for stakeholders.

"The legal profession is already struggling. Our profession confronts a dwindling market share as the public turns to more accessible, affordable alternative legal service providers. We are at a crossroads," Buchanan and Coyle wrote. "To maintain public confidence in the profession, to meet the need for innovation in how we deliver legal services, to increase access to justice, and to reduce the level of toxicity that has allowed mental health and substance use disorders to fester among our colleagues, we have to act now." Read online

Also see, US Dept. of Justice Investigation Into Mental Health Screening by Fla Supreme Court on Bar Applicants

U.S. Dept. of Justice investigation into mental health screening by Fla. Supreme Court on bar applicants

A FOIA response May 18, 2017 confirms a U.S. Department of Justice investigation into the mental health screening imposed by the Florida Supreme Court on bar applicants. Nelson D. Hermilla, Chief, Freedom of Information/Privacy Acts Branch, Civil Rights Division, wrote,

Dear Mr. Gillespie: This is in response to your April 29, 2015 Freedom of Information Act request, received by the Civil Rights Division, seeking access to records on the U.S. Department of Justice investigation into the mental health screening imposed by the Florida Supreme Court on bar applicants.

The records you have requested pertain to an ongoing law enforcement proceeding. After
consideration of the responsive records, I have determined that access to the documents should be denied pursuant to 5 U.S.C. §552(b)(7)(A), since disclosure thereof could reasonably be expected to interfere with law enforcement proceedings. I have further determined that certain information within these records that is exempt from disclosure pursuant to 5 U.S.C.§552(b)(7)(A) should also be denied pursuant to 5 U.S.C. §552(b)(5), since the records consist of attorney work product and include intra-agency memoranda containing pre-decisional, deliberative material; and 5 U.S.C. §552(b)(7)(C) since disclosure of information contained in these records could reasonably be expected to constitute an unwarranted invasion of personal privacy...

The Florida Board of Bar Examiners (FBBE) https://www.floridabarexam.org/

The FBBE 2015-16 proposed budget cites a "federal investigation" and a $100,000 increase in attorneys fees: "This is primarily due to the increase in attorney fees with regard to the federal investigation by $100K". (Page 14). "Bob Burgoyne of Norton Rose Fulbright has been retained to represent the board in the federal investigation." (Page 41)