Ed Jennings, Jr., Regional Administrator
U.S. Dept. Housing and Urban Development, Atlanta
The enclosed letter of Alvera D. Crittendon, captioned above, is not correct. The letter did not accurately reflect my FOIA dated April 16, 2014, copy enclosed. I did not make a FOIA request May 28, 2014. My enclosed FOIA dated April 16, 2014 requested in relevant part.
I request that a copy of contents of the file in the above be provided to me, and request any fees be removed since this a personal request, not a commercial request.
Ed Jennings, Jr., Regional Administrator
U.S. Dept. Housing and Urban Development, Atlanta
The enclosed letter of Alvera D. Crittendon, captioned above, is not correct. The letter did not accurately reflect my FOIA dated April 16, 2014, copy enclosed. I did not make a FOIA request May 28, 2014. My enclosed FOIA dated April 16, 2014 requested in relevant part.
I request that a copy of contents of the file in the above be provided to me, and request any fees be removed since this a personal request, not a commercial request.
Ed Jennings, Jr., Regional Administrator
U.S. Dept. Housing and Urban Development, Atlanta
The enclosed letter of Alvera D. Crittendon, captioned above, is not correct. The letter did not accurately reflect my FOIA dated April 16, 2014, copy enclosed. I did not make a FOIA request May 28, 2014. My enclosed FOIA dated April 16, 2014 requested in relevant part.
I request that a copy of contents of the file in the above be provided to me, and request any fees be removed since this a personal request, not a commercial request.
Ed Jennings, Jr., Regional Administrator
U.S. Dept. Housing and Urban Development, Atlanta
The enclosed letter of Alvera D. Crittendon, captioned above, is not correct. The letter did not accurately reflect my FOIA dated April 16, 2014, copy enclosed. I did not make a FOIA request May 28, 2014. My enclosed FOIA dated April 16, 2014 requested in relevant part.
I request that a copy of contents of the file in the above be provided to me, and request any fees be removed since this a personal request, not a commercial request.
The document outlines a request by Neil Gillespie to the Department of Housing and Urban Development (HUD) regarding documents related to his home equity loan and a complaint he previously filed.
The document is a letter from Neil Gillespie to the HUD Regional Administrator providing details of his previous requests and correspondence with HUD regarding obtaining documents related to his home loan under the Freedom of Information Act.
Neil Gillespie is requesting documents referred to in previous correspondence with the Consumer Financial Protection Bureau related to his home equity loan/reverse mortgage, as well as his full file on the matter from HUD.
VIA UPS No.
1Z64589FNY96426019 J uly 17, 2014
Ed J ennings, J r., Regional Administrator cc: Alvera D. Crittendon U.S. Dept. Housing and Urban Development U.S. Dept. Housing and Urban Development Office of the Regional Administrator Acting Regional FOIA Public Liaison Five Points Plaza Building Five Points Plaza Building 40 Marietta Street 40 Marietta Street Atlanta, GA 30303-2806 Atlanta, GA 30303-2806 Email: GA_Webmanager@hud.gov Email: William.G.Daugherty@hud.gov. RE: Letter of Alvera D. Crittendon, J uly 11, 2014, copy enclosed. Mr. J ennings, Regional Administrator: The enclosed letter of Alvera D. Crittendon, captioned above, is not correct. The letter did not accurately reflect my FOIA dated April 16, 2014, copy enclosed. I did not make a FOIA request May 28, 2014. My enclosed FOIA dated April 16, 2014 requested in relevant part: The accompanying letter of Martin Michalosky, CFPB FOIA Manager, states in relevant part: During the review of documents responsive to your request, it was determined that the U.S. Department of Housing and Urban Development (HUD) could possibly have additional documents responsive to you request. Kindly provide the documents referred to by Mr. Michalosky under FOIA/Privacy Act for CFPB - Consumer Financial Protection Bureau Case Number 140304-000750, and/or the earlier CFPB Case Number 120914-000082; and any other documents pertaining to a Home Equity Conversion Mortgage or HECM Reverse Mortgage, a.k.a. Bank of America Account No.: 68011002615899. I request that a copy of contents of the file in the above be provided to me, and request any fees be removed since this a personal request, not a commercial request. On J une 25, 2014 I emailed Bill Tolbert (enclosed) that the documents referenced in paragraphs 1 and 2 of Ms. Crittendons letter are not needed. The other documents referenced in the letter are examples of what should be in the file, unless HUD destroyed or removed the documents. HUDs Atlanta Homeownership Center failed to respond to my written complaint August 9, 2012 made pursuant to the complaint procedure set forth in the HUD Reverse Mortgage Handbook 7610.01, Section 4-19. My complaint consisted of 25 pages & 200 pages of exhibits. Mr. J ennings, when can I expect a response to my written complaint made August 9, 2012, which now includes my letter May 28, 2014 to former Secretary Donovan, and new issues? Sincerely, Neil J . Gillespie 8092 SW 115th Loop Telephone: 352-854-7807 Service List Ocala, Florida 34481 Email: neilgillespie@mfi.net Enclosures Service List - J uly 17, 2014 - Neil Gillespie to Ed J ennings, J r., HUD Region IV Administrator The Honorable J ulin Castro, Secretary U.S. Department of Housing and Urban Development 451 7th Street S.W. Washington, DC 20410 VIA UPS No. 1Z64589FNY98202006 Mikel K. Anderson, Chief Human Capital Officer/General Deputy Assistant Secretary for Office of Administration HUD Oklahoma City, Oklahoma VIA email: Mikel.K.Anderson@hud.gov William Tolbert, FOIA Liaison, Senior Management Analyst Oklahoma City, Oklahoma VIA email: William.Tolbert@hud.gov Patricia A. Campbell, HUD Public Affairs Officer Fort Worth, Texas VIA email: Patricia.A.Campbell@hud.gov Allyssa D. Wheaton-Rodriguez, Trial Attorney Office of General Counsel for Region VI VIA email: Allyssa.D.WheatonRodriguez@hud.gov Erin E. Allen, Program Analyst Fort Worth Office of Regional Counsel VIA email: Erin.E.Allen@HUD.Gov J oy A. Beslow, HUD Atlanta VIA Email: J oy.A.Beslow@hud.gov Deidra D J enkins, FOIA Specialist, Office of the Executive Secretariat VIA email: Deidra.D.J enkins@hud.gov Armando Fana, Field Office Director Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Room 500 Miami, FL 33131-3028 VIA email: FL_Webmanager@hud.gov Armando Fana, Acting Field Office Director J acksonville Field Office Charles East Bennett Federal Building 400 West Bay Street, Suite 1015 J acksonville, FL 32202 VIA email: FL_Webmanager@HUD.gov Enclosures - J uly 17, 2014 - Neil Gillespie to Ed J ennings, J r., HUD Region IV Administrator 1. Neil Gillespies faxed HUD-FOIA-Privacy Act request April 16, 2014 2. Neil Gillespies Affirmation Declaration to HUD-FOIA, April 25, 2014 to Deidra D J enkins 3. Neil Gillespies email J une 25, 2014 to Bill Tolbert FOIA Liaison, Ok. City Field Office 4. Neil Gillespies email with Deidra J enkins, FOIA Specialist, through May 13, 2014 5. Neil Gillespies letter to Secretary Shaun Donovan May 28, 2014 (2 page letter only) 6. Letter J uly 11, 2014 Alvera D. Crittendon, Acting Regional FOIA Matters with HUD and Neil Gillespie My home is in wrongful foreclosure on a HUD Home Equity Conversion Mortgage, a.k.a. a HECM reverse mortgage (12 USC 1715z20; 24 CFR Part 206). The foreclosure is wrong because I am a HECM borrower living in my home, making this foreclosure premature at best. HUD, the lender, and lender parties knowingly made the HECM to an incompetent person, my mother Penelope Gillespie who had dementia, and was the cause of death September 16, 2009 . 1. Former HUD Secretary Donovan failed to respond to my letter of May 28, 2014 2. HUDs Atlanta Homeownership Center failed to respond to my written complaint August 9, 2012 made pursuant to the complaint procedure set forth in the HUD Reverse Mortgage Handbook 7610.01, Section 4-19. 3. Reverse Mortgage Solutions, Inc. (RMS) v. Neil J . Gillespie, wrongful foreclosure. 4. Federal Housing Authority (FHA) Case Number: 091-4405741 5. Bank of America, N.A. (BofA) Account No.: 68011002615899 6. Reverse Mortgage Solutions, Inc. (RMS) Loan Number: 68011002615899 7. Consumer Financial Protection Bureau Case No. 120914-000082 8. Consumer Financial Protection Bureau Case No. 140304-000750 9. Marion County Florida, Fifth J udicial Circuit, no. 42-2013CA-000115-AXXX-XX 10. U.S. District Court no: 5:13-cv-00058-WTH-PRL, removed from state court 11. U.S. Court of Appeals for the Eleventh Circuit, No. 13-11585-B 12. Petition No. 13-7280 for writ of certiorari, Supreme Court of the United States 13. HUD FOIA No. 14-FI-R04-01745 14. HUD FOIA No. 14-FI-RO6-01365 15. HUD FOIA No. 14-FI-HQ-01257 .., U. S. DepartmentofHousingandUrbanDevelopment RegionalAdministrator RegionIV 11 JUL 2014 Mr. NeilGillespie 8092SW115 th Loop Ocala,FL 34481 SUBJECT: FreedomofInformationAct(FOIA)Request FOIAControlNo.: 14-FI-R04-01745 DearMr. Gillespie: Thisis toacknowledgereceiptofyourFOIArequestdatedMay28,2014. Youare requestingthefollowing information: 1. Theidentityandtheaddressofthepersondesignatedtoacceptserviceoflegal processforSecretaryofHUD,ShaunDonavan. 2. Legiblecopyoftheoathofofficeforthefollowing: ShaunDonavan,SecretaryofHUD DeidraJenkins,FOIASpecialist,DepartmentofHUD,OfficeoftheSecretariat BenjaminShultz,DepartmentofJusticeAttorneyforHUD MichaelRaab,DepartmentofJusticeAttorneyforHUD 3. Documentsfrom your227pagecomplainttoHUDonAugust9,2012. 4. Documentsfrom your25 pagecomplainttoHUDAugust9,2012. 5. DocumentsfromtheDirectEndorsementAllongeandothertransfer documentationfromtheonepageassignmentofmortgage. 6. DocumentsthataremissingfromtheHomeEquityConversionMortgagesigned June5, 2008: -HomeEquityConversionMortgage -AdjustableRateNote(HomeEqllityConversionMortgage) -HomeEquityConversionMortgageFederalLoanClosingTruthinLending DisclosureStatement -FloridaDepartmentofRevenueReturnforTransferofInterestinRealProperty -Trustee'sAffidavit-RefinanceTransaction -AcceptanceofOfficebyCo-Trustees Create strong, sustainable, inclusive communities and quality, affordable homes for all. FivePointsPlaza 40MariettaStreet Atlanta,GA303032806 www.hud.gov. espanol.hud.gov 2 . When responding to a FOIA request, the Department of Housing and Urban Development searches for responsive documents existing up to the date the request is received by our office. We received your request on June 24,2014. You should receive a response within twenty business days from the date your request was received. There may be a charge for these documents to cover the costs of search and reproduction, which will be determined once the documents have been received. For your information, your FOIA request, including your identity and any information made available is releasable to the public under subsequent FOIA requests. Inresponding to these requests, the Department does not release personally identifiable information, such as home address, telephone number or social security number, all of which are protected from disclosure under FOIA Exemption 6. Thank you for your interest in the Department's programs and policies. If you have any questions regarding this letter, please contact Mr. Gabe Daugherty at (678) 732-2378 or William.G.Daugherty@hud.gov. Alve a D. Crittendon Acting Regional FOIA Public Liaison 'i r "'7"1 ru t I b ...._....- r.1 I T ""'\ ;'1 ET U.s:-DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT :5Dl Q) 016H26501433 ATLANTA OFFICE - REGION IV '- 11 "JlJl 40 MARIETTA STREET F)'rl '} L $00.489"* FIVE POINTS PLAZA BUILDING () Ii "C 07/1i/2014 fa
ATLANTA, GEORGIA 30303-2806 : 0 Mailed From 30303 e Fee...,. .... rC
lL US POSTAGE OFFICIAL BUSINESS PENALTY FOR PRIVATE USE, $300 CORRESPONDENCECODE __ ) . -\' .....
34481999955 1"11'1'" huH 111,. hlllI"jJndl.,hJI"lth l ,If...JI." 4Jl",....,." .. ..... __. ,""'-"" , ....$. .., .M .. -':,--,-",""'-'. ... .. VIA UPS No. 1Z64589FNW91507926 May 28, 2014 Shaun Donovan, Secretary U.S. Department of Housing and Urban Development (HUD) 451 7th Street S.W. Washington, DC 20410 RE: Reverse Mortgage Solutions, Inc. v. Neil J . Gillespie, Co-Trustee, et al. U.S. Court of Appeals for the Eleventh Circuit, no. 13-11585-B District Court no: 5:13-cv-00058-WTH-PRL, removed from Marion County Florida Marion County Florida, Fifth J udicial Circuit, no. 42-2013CA-000115-AXXX-XX Consumer Financial Protection Bureau (CFPB) Case No. 120914-000082; 140304-000750 RE: FOIA Request 14-FI-RO6-01365 Dear Secretary Donovan: The enclosed letter from the Consumer Financial Protection Bureau (CFPB) to Senator Marco Rubio March 24, 2014 in CFPB Case No. 140304-000750 states, we have forwarded Neil Gillespies complaint information to the HUD to provide assistance. When can I expect assistance from HUD, Secretary Donovan? A ruling J an-04, 2013 in Bennett v. Donovan held, HUD itself has the capability to provide complete relief to the lenders and mortgagors alike, which eliminates the uncertainty of third-party action that would otherwise block standing. I am one of three (3) original borrowers, along with my deceased mother Penelope Gillespie, and brother Mark Gillespie, on a Home Equity Conversion Mortgage (HECM) in foreclosure. The Plaintiff Reverse Mortgage Solutions (RMS) alleges the death of Penelope Gillespie September 16, 2009 is grounds to accelerate the debt. But I am a surviving borrower living in the home. Enclosed is my Motion to Reconsider, Vacate or Modify Order, Appeal No. 13-11585-B, US Eleventh Circuit Court of Appeals. The Courts Order J uly 25, 2013 that states in relevant part: "Should Gillespie wish to petition for mandamus relief, he may file a separate petition for a writ of mandamus or prohibition with this Court. See 28 U.S.C. 1651; Fed.R.App.P.21". I request HUD grant relief as allowed in Bennett v. Donovan for the issues in my motion. HUD contends Penelope Gillespie is the only borrower, but unfortunately she lacked capacity to make a HECM due to Alzheimers dementia, and immediate cause of death. A New York court voided a reverse mortgage for borrowers incapacity. Matter of Doar (Brunson) 2009 NY Slip Op 29549 [28 Misc 3d 759]. Therefore HUD should void the mortgage because the mortgagee had knowledge of the mortgagors incapacity and was not a bonefide mortgage for value. HUD is free to take any action or no action. I believe the issues in my Motion to Reconsider, Vacate or Modify Order will state a cause of action and ultimately prevail. Shaun Donovan, Secretary May 28, 2014 U.S. Department of Housing and Urban Development (HUD) Page -2 A ruling in Santos rejected definition of borrower as only natural persons acting individually. Isabel Santos, individually & trustee, et al. v RMS, 12-3296-SC, USDC, ND Cal. The district courts Order Remanding Case (Doc. 19) holds on page 4, footnote 1, This Order should not be interpreted as a ruling concerning whether, or to what extent, Mr. Gillespie can sue HUD in a separate action. Rather, this Order is limited to whether the Court has subject matter jurisdiction over the specific action that has been removed to this Court. The US Supreme Court denied review Petition No. 13-7290. Denial is not a judgment on the merits. In CFPB Case No. 120914-000082, Bank of America Customer Advocate Christopher Pickle perpetrated a fraud on the CFPB with this false information: Laws that govern customer privacy prevent us from providing you with details about any relationship we may have with any customer without first obtaining the written consent of such customer. This falsehood was then wrongly incorporated into the CFPB closeout letter, copy enclosed. Apparently the Consumer Financial Protection Bureau does not know that privacy laws do not protect the privacy of dead people. Dead people do not have privacy rights. Privacy rights are personal and die with the individual. Nestor v. Posner-Gerstenhaber, 857 So. 2d 953 (Fla. Dist. Ct. App. 3d Dist. 2003), review denied, 869 So. 2d 540 (Fla. 2004). Apparently U.S. Senator Marco Rubio does not know that privacy laws do not protect the privacy of dead people either. Enclosed letters from Bank of Americas Anthony Boney dated March 12, 2014 and March 19, 2014 to Sen. Rubio also wrongly invoke privacy for the dead. [E]even where a private confidentiality agreement is otherwise proper, it will not be enforced where its effect becomes obstructive of the rights of non-parties. See, e.g., Nestor v. Posner- Gerstenhaber, 857 So. 2d 953, 955 (Fla. 3rd DCA 2003); Scott v. Nelson, 697 So. 2d 1300, 1301 (Fla. 1st DCA 1997). Quoted by the Court in Tardif, Trustee (J ason Yerk) v. PETA, USDC, SD Fla. Fort Myers Div. Case No. 2:09-cv-537-FtM-29SPC HUD has not adequately responded to FOIA Request 14-FI-RO6-01365, see enclosed my letter to Bill Tolbert/FOIA Liaison. Felicia J ones is n/a. When can I expect to receive all the records? Thank you in advance for the courtesy of a response. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Telephone: 352-854-7807 Ocala, Florida 34481 Email: neilgillespie@mfi.net Enclosures 13-7280 Fax - FOIA - Privacy Act Request From: Neil J. Gillespie - Requester Account Username: HECM4me 8092 SW 115 th Loop Ocala, FL 34481 Telephone: (352) 854-7807 Email: neilgillespie@mfi.net To: U.S. Department of Housing and Urban Development, Freedom of Information Act Office Fax : (202) 619-8365 Dat e: April 16, 2014 Pages: two (2), including this page Re: Freedom of Information Act-Privacy Act request, CFPB #140304-000750 The accompanying letter of Martin Michalosky, CFPB FOIA Manager, states in relevant part: During the review of documents responsive to your request, it was determined that the U.S. Department of Housing and Urban Development (HUD) could possibly have additional documents responsive to you request. Kindly provide the documents referred to by Mr. Michalosky under FOIA/Privacy Act for CFPB - Consumer Financial Protection Bureau Case Number 140304-000750, and/or the earlier CFPB Case Number 120914-000082; and any other documents pertaining to a Home Equity Conversion Mortgage or HECM Reverse Mortgage, a.k.a. Bank of America Account No.: 68011002615899. I request that a copy of contents of the file in the above be provided to me, and request any fees be removed since this a personal request, not a commercial request. I am disabled, indigent, and my home is in foreclosure. TIME IS OF THE ESSENCE. A copy of my Florida drivers license is shown below for identification. You may email the information or records in PDF to neilgillespie@mfi.net. Neil J. Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Telephone: 352-854-7807 Email: neilgillespie@mfi.net cf RE: FOIARequest#CFPB-2014-156-P April 1,2014 Mr. Neil O"illespie 8092SW115thLoop Ocala, Florida 34481 DearMr. Gillespie: This letteris in fmal responsetoyourPrivacyAct(PA) requestdatedMarch25,2014.Your request sought a copyof contents of your file, case number 140304-000750. Attachedtothis letter,pleasefmd ourresponsetoyourrequest,which consistsof 6pagesthatare grantedin full. Nodeletions orexemptions have beenclaimed ontheserecords. Duringthereviewof documentsresponsive toyourrequest, it wasdetermined thattheU.S. Departmentof HousingandUrbanDevelopment (HUD)couldpossibly have additiol1al documentsresponsive toyourequest. Shouldyouwish tocontacttheHUD,theiraddressis: U.S. Departmentof Housingand UrbanDevelopment Freedomof InformationActOffice 451 7thStreet,SW, Room10139 Washington, DC20410-3000 Provisions of the FOIA allow us to recover partof the costof complying with your request. In this instance, wehavewaived all fees relatedtotheprocessingof yourrequest. Therefore, your fee waiver is moot. Forquestionsconcerning ourresponse,please feel free tocontactCFPB'sFOIAService Center byemail atFOIA@cfpb.gov orbytelephoneat 1-855-444-FOIA(3642). Sincerely, 1 1 l ~ MartinMichalosky FOIAManager OperationsDivision consurnerfinance.gov VIAUPS SecondDayAirNo. 1Z64589FNY92427810 April25,2014 Email: Deidra.D.Jenkins@hud.gov U.S.Departmentof HousingandUrbanDevelopn1ent Officeof theExecutiveSecretariat FOIABranch 451 7thStreet,SW Room 10139 Washington,DC20410 Attn: DeidraJenkins- 14-FI-HQ-01257 DearMs. Jenkins: Pleasefind enclosedmycompletedandnotarizedAffirmationDeclarationform. Thankyou. Sincer ly,
/' /r'
eil1. Gill pie ./:: 8092 SW 15thLoop Ocala,Florida34481 Telephone: (352)854-7807 Email: neilgillespie@mfi.net Enclosure ---------------------------- AFFIRMATIONIDECLARATION This istoaffinnthatI, Neil Joseph Gillespie (PRINTFULLNAME) understand that any request for records maintained by the Department of Housing and Urban Developmentthatpertain toan individual must have this fonncompleted and returned before any records canbereleased. Mypresent address is: 8092 SW 115th Loop, Ocala, Florida 34481 (Marion County) United States
Myplaceof birthwas: Mycitizenship statusis: . I Ideclare underpenalty ofperjury underthe laws oftheUnited StatesofAmerica thatthe foregoing is true andcorrect, andthatIamthepersonnamed above. Iunderstand thatany falsification ofthisstatement is punishable under theprovisions of18U.S.C. Section 1001 byafine ofnot more than $10,000orby imprisonment of notmore thanfive years orboth,and thatrequesting orobtaining anyrecord(s) under false pretenses is punishable under theprovisions of5U.S.C. 552a(i)(3)byafine ofnot morethan$5,000. Inthecaseofthirdpartyrequests, this portionmust also besigned andcompleted bythe individual(s) requesting anyrecords thatdoes notpertaintohim/her. Iherebyauthorize . t not J accesstomy records. (PRINTFULLNAME) I requestthatanylocatedanddisclosablerecordsbeforwardedtothefoUowing individual: _________n_o_ta_p_p_li_ca_b_'_e at thefollowing address: (PRINT FULLNAME) not applicable I declare underpenaltyof perjury under thelaws of theUnited Statesof America thattheforegoing is true andcorrect, andthatIamthepersonnamed above. Iunderstand thatany falsification ofthis statement is punishable under the provisions of18U.S.C. Section 1001 byafine ofnot more than $10,000orby imprisonment ofnotmore thanfive years orboth,andthatrequesting orobtaining anyrecord(s) Wlder false pretenses is punishable under theprovisions of5U.S.C. 552a(i)(3)byafine ofnot morethan$5,000. not applicable Executed on __.(DATE) not applicable _______________________'(SIGNATURE OF AFFIRMANTIDECLARANT) BUDFOIACASE#: I PLEASERETURNTO:u.S.DepartmentofHousingand UrbanDevelopment 451 SeventhStreet,SW,Room 10139 Wasbington,DC 20410 Sm-T?:i?
INTESTIMONYWHEREOF,Ihavehereuntosetmy handandaffixed my sealin saidStateandCountyon thedayand yearlastabovewritten. NotarySeal ROBERT A. STERMER Commission # FF 095030 ii Expires April 5. 2018 .....' !Ii" 8GndIdThruT""Flintnt&AftC81OO-3&S-7019 ( (SiIh:reof Date MyCommission Expires: if.;;/2. c>/ ;g Individual submitting arequest under the Privacy Actof1974must beeither"acitizen ofthe United Statesoranalien lawfully admitted for permanent residence," pursuant to5U.S.C. Section 552a(8)(2).Requests will be processed asFreedom ofInformation Actrequests pursuantto 5U.S.C. Section 552,ratherthan Privacy Actrequests, for individuals who arenot United Statescitizens oraliens lawfully admitted for permanent residence. Proof of Del i very Tracking Number: 1Z64589FNY92427810 Service: UPS 2nd Day Air Weight: .30 lb Shipped/Billed On: 04/25/2014 Delivered On: 04/29/2014 11:00 A.M. Delivered To: 451 7TH ST SW 10139 WASHINGTON, DC, US 20410 Signed By: GRAY Left At: Office Print This Page Close Window Dear Customer, This notice serves as proof of delivery for the shipment listed below. Thank you for giving us this opportunity to serve you. Sincerely, UPS Tracking results provided by UPS: 04/29/2014 9:48 P.M. ET Close Window https://wwwapps.ups.com/WebTracking/processPOD?Requester=&tracknum=1Z64589FNY92427810&refNumbers=&loc=en_US 4/29/2014 9:49 PM
Neil Gillespie From: "Neil Gillespie" <neilgillespie@mfi.net> To: "Tolbert, William" <William.Tolbert@hud.gov> Cc: "Neil Gillespie" <neilgillespie@mfi.net> Sent: Wednesday, J une 25, 2014 3:47 AM Attach: 1-4. SERVICE OF PROCESS, HUD litigation.pdf Subject: Re: Gillespie FOIA Page 1of 2 7/17/2014 Bill Tolbert/FOIA Liaison Senior Management Analyst Office of the Field Office Director HUD Oklahoma City Field Office 301 NW 6 th Street, Suite 200
Oklahoma City, OK 73102
Mr. Tolbert: This is a quick reply to your email, which I plan to follow-up within 30 days with a FOIA request for review of J erry Haydens response to FOIA Request 14-FI-RO6-01365 - 24 CFR Section 15.111. 1. The Assignment of Mortgage is missing the Direct Endorsement Allonge and other transfer documentation; this is a fatal defect that vitiates the Assignment, and the Note, making the Assigned Note unenforceable. Neither you nor J erry Hayden addressed that issue. Fine, Ill proceed on that basis. See paragraph 3 of my letter to you dated May 28, 2014 for more details. 2. I found how to serve HUD, see attached the service of process section from the HUD litigation manual. Therefore, I have the records I need on that item. 3. Secretary Donovan is leaving HUD and being replaced by J ulin Castro. Therefore, there is no need for his oath of office. I wish Secretary Donovan well in his new gig at OMB. 4. Two days ago I emailed Deidra J enkins about my FOIA 14-FI-HQ-01257 submitted to her and got no response. Fine, fuck Deidra J enkins and lawyers Benjamin Shultz and Michael Raab. Im going around those clowns rather expend more time on them. You may suspend requests for records pertaining to them. (J enkins, Shultz and Raab). 5. I am concerned that the two FOIAs have different numbers. My FOIA to J enkins was 14-FI-HQ- 01257. You responded May 28, 2014 to FOIA 14-FI-RO6-01365. Clearly the numbers are different, which I only recently realized. Unfortunately I am disabled with a traumatic brain injury, which is not a reflection on intellect, but leaves me vulnerable to exploitation. 6. J erry Haydens letter refers me to HUDs Atlanta Regional Office. My initial complaint to HUD on August 9, 2012 was a written complaint to HUDs Atlanta Homeownership Center pursuant to the complaint procedure set forth in the HUD Reverse Mortgage Handbook 7610.01, Section 4-19. HUD Atlanta never responded. Fine, this matter is past the complaint stage anyway. Fuck HUD Atlanta, Im going around those clowns rather expend more time on them. You may suspend requests for records pertaining to them. (HUD Atlanta). Thank you for your consideration. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Telephone: 352-854-7807 Email: neilgillespie@mfi.net ----- Original Message ----- From: Tolbert, William To: 'Neil Gillespie' Sent: Tuesday, J une 24, 2014 11:35 AM Subject: Gillespie FOIA
RE: Neil J. Gillespie FOIA Questions
Dear Mr. Gillespie, this correspondence is in response to your email of May 28, 2014. Thank you for your patience. Please find attached the response letter from Field Office Director Jerry Hyden.
Bill Tolbert/FOIA Liaison Senior Management Analyst Office of the Field Office Director HUD Oklahoma City Field Office 301 NW 6 th Street, Suite 200
Oklahoma City, OK 73102 Tel. 405-609-8461 Fax. 405-609-8982 william.tolbert@hud.gov
This message is intended for designated recipients only. If you have received this message in error, please delete the original and all copies and notify the sender immediately. Federal law prohibits the disclosure or other use of this information. You are invited to visit HUDs website at: http://www.hud.gov/
Page 2of 2 7/17/2014
Neil Gillespie From: "Neil Gillespie" <neilgillespie@mfi.net> To: "J enkins, Deidra D" <Deidra.D.J enkins@hud.gov> Cc: "'Benjamin Shultz'" <benjamin.shultz@usdoj.gov>; "'Michael Raab'" <michael.raab@usdoj.gov>; "'Mark Gillespie'" <mark.gillespie@att.net>; "'Gonzalez, Maria'" <CFPB_FOIA@cfpb.gov>; "'CFPB Ombudsman'" <CFPBOmbudsman@cfpb.gov>; "Neil Gillespie" <neilgillespie@mfi.net> Sent: Tuesday, May 13, 2014 9:41 AM Subject: Re: FOIA Request - 14-FI-HQ-01257 Page 1of 9 7/17/2014 Deidra J enkins FOIA Specialist U.S. Department of Housing and Urban Development Office of the Executive Secretariat FOIA Office, Room 10139 Office (202) 402-2533 Fax (202) 619-8365 Deidra_D._J enkins@hud.gov Dear Ms. J enkins, CFPB, et al: The signature block is missing from your last email, which does not carry your name or reference your position with HUD. In response to your statement that "What I got was a sample page that only showed our mother listed as the owner." Take notice that we do not share the same mother. Kindly refrain from making false and inflammatory statements about my mother, either by you personally, or on behalf of HUD, Secretary Donovan, and or the United States of America. In response to your statement that "However, I will be forwarding all this information on the Atlanta Homeownership Center as they maintain the records you are seeking not HUD Headquarters." you could have requested the Atlanta Homeownership Center send the records to you at HUD Headquarters. I notified you September 29, 2014 that the Atlanta Homeownership Center destroyed 200 pages of my complaint to HUD: "As for HUDs Atlanta Homeownership Center, I made a 227 page complain to that office August 9, 2012. HUD maliciously destroyed 200 pages of my complaint, then sent the remaining 27 pages to the Consumer Financial Protection Bureau where it was wrongly dismissed." Let me clarify my statement that "HUD maliciously destroyed 200 pages of my complaint". Records produced by the Consumer Financial Protection Bureau (CFPB) do not show 200 pages of my complaint, the exhibits in Appendix I and Appendix II. Bank of America claimed it did not receive 200 pages of my complaint, the exhibits in Appendix I and Appendix II. If HUD did not hide, omit or destroy 200 pages of my complaint, then a reasonable person might conclude that the CFPB hid, omitted or destroyed 200 pages of my complaint. I regret any misunderstanding. Kindly identify the person designated to accept service of legal process for Shaun Donovan, Secretary, U.S. Department of Housing and Urban Development (HUD). Provide the address where the designated person may be served legal process for Secretary Donovan. Kindly provide a legible copy of the oath of office for the following: Shaun Donovan, Secretary, U.S. Department of Housing and Urban Development (HUD) Deidra J enkins, Deidra.D.J enkins@hud.gov, FOIA Specialist, U.S. Department of Housing and Urban Development (HUD), Office of the Executive Secretariat Benjamin Shultz, benjamin.shultz@usdoj.gov, Department of J ustice Attorney for HUD Michael Raab, michael.raab@usdoj.gov, Department of J ustice Attorney for HUD You may provide PDF copies of the oaths of office electronically by email to me at neilgillespie@mfi.net in lieu of mailing paper copies. I am providing a copy of this email to the CFPB and persons shown in the "cc" section. Thank you in advance for the courtesy of a response. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Telephone: 352-854-7807 Email: neilgillespie@mfi.net ----- Original Message ----- From: J enkins, Deidra D To: 'Neil Gillespie' Cc: 'Benjamin Shultz' ; 'Michael Raab' ; 'Mark Gillespie' ; 'Gonzalez, Maria' ; 'CFPB Ombudsman' Sent: Wednesday, April 30, 2014 8:12 AM Subject: RE: FOIA Request - 14-FI-HQ-01257
Mr. Gillespie,
Thanks for the additional documentation. I provided you information based on what the program office provided to me. What I got was a sample page that only showed our mother listed as the owner. I did not have any additional background information that regrettable she was deceased. This is the kind of full detail information we need in the beginning to make it easier to search, locate and provide the documentation being requester. However, I will be forwarding all this information on the Atlanta Homeownership Center as they maintain the records you are seeking not HUD Headquarters.
From: Neil Gillespie [mailto:neilgillespie@mfi.net] Sent: Tuesday, April 29, 2014 3:48 PM To: J enkins, Deidra D Cc: 'Benjamin Shultz'; 'Michael Raab'; 'Mark Gillespie'; Gonzalez, Maria; CFPB Ombudsman Subject: Re: FOIA Request - 14-FI-HQ-01257
Deidra J enkins FOIA Specialist U.S. Department of Housing and Urban Development Office of the Executive Secretariat Page 2of 9 7/17/2014 FOIA Office, Room 10139 Office (202) 402-2533 Fax (202) 619-8365 Deidra_D._J enkins@hud.gov Dear Ms. J enkins: Your response about privacy is wrong. Unfortunately my Mother Penelope M. Gillespie died September 16, 2009. Privacy rights are personal and die with the individual. Nestor v. Posner- Gerstenhaber, 857 So. 2d 953 (Fla. Dist. Ct. App. 3d Dist. 2003), review denied, 869 So. 2d 540 (Fla. 2004). Your connotation that I am "not listed as a borrower on the FHA loan you provided" is misstated and incorrect. I am listed as an "original borrower", on a HECM reverse note and mortgage, see the attached Assignment of Mortgage showing, Original Borrower(s): PENELOPE M. GILLESPIE, INDIVIDUALLY AND AS TRUSTEE NEIL J . GILLESPIE AND MARK GILLESPIE, AS CO-TRUSTEES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997 As for HUDs Atlanta Homeownership Center, I made a 227 page complain to that office August 9, 2012. HUD maliciously destroyed 200 pages of my complaint, then sent the remaining 27 pages to the Consumer Financial Protection Bureau where it was wrongly dismissed. I received and read your message on my computer in Ocala Florida. On information and belief, you engaged in the Unlicensed Practice of Law. The name Deidra J enkins does not appear in The Florida Bar online directory. I take that to mean that you are not licensed to practice law in Florida. The Rules Regulating The Florida Bar, Rule 10, governs the investigation and prosecution of the Unlicensed Practice of Law (UPL). Fla. Bar Rule 10-2.1(a) defines the Unlicensed Practice of Law as "the practice of law, as prohibited by statute, court rule, and case law of the state of Florida. UPL is also a crime in Florida. F.S. 454.23 provides for 5 years incarceration for the Unlicensed Practice of Law, and substantial fines. Florida Bar Ethics Opinion 70-62, February 12, 1971 defines UPL for paralegals as "any activity which requires the attorney's personal judgment and participation." Paralegals in a law office and the unlicensed practice of law.(UPL Update), Florida Bar News - February 15, 2004, in part, "Generally, the activity may constitute the unlicensed practice of law if it is something that requires the attorney's independent judgment and participation, and it is performed by the paralegal. See, The Florida Bar Ethics Opinion, 70-62. The Florida Bar opened a UPL investigation of paralegal Yolanda Martinez related to a foreclosure of this mortgage by letter December 5, 2013, Case No. 20143031(9A) see attached. The Florida Bar opened an ethics complaint against attorney Danielle Nicole Parsons related to a foreclosure of this mortgage by letter of Mr. Littlewood December 6, 2013, The Florida Bar File No. 2014-30,525 (9A), see attached. Page 3of 9 7/17/2014 Florida Bar Counsel Patricia Ann Toro Savitz notified me by letter April 8, 2014 that the Parsons complaint was recently transferred to the Orlando Branch Office, see attached. Since 2012 I spoke with nonlawyers at Reverse Mortgage Solutions, and Bank of America, each of whom engaged in UPL because they undertook "activity which requires the attorney's personal judgment and participation". I plan to file those UPL complaints soon. You and HUD are wrongly obstructing this matter. Under 18 U.S.C. 371, the fraud or impairment of legitimate government activity may take any of several forms: 2. Obstructing, in any manner, a legitimate governmental function. http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00925.htm Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. http://www.justice.gov/crt/about/crm/242fin.php Please find attached my notice of March 9, 2014 to Reverse Mortgage Solutions concerning the Annual Year-End Statement, December 31, 2013, Loan Number: 68011002615899; FHA Case Number: 091-4405741, that states, inter alia, "HUD, the lender, and lender-affiliated parties engaged in mortgage fraud, inter alia, and concocted a scheme to wrongly sell a HECM reverse mortgage to my Mother who was not competent due to Alzheimers dementia. In furtherance of mortgage fraud, HUD, the lender, and/or lender-affiliated parties had me and Mark Gillespie added to the quit-claim deed along with Ms. Gillespie, and used misstatements, misrepresentations, and omissions to get me and my brother to sign HECM loan documents as co-trustees for the Gillespie Family Living Trust, part of a scheme to wrongly sell Ms. Gillespie the reverse mortgage. This is an example but not exhaustive of the wrongdoing in this case. See Motion to Reconsider, Vacate or Modify Order, Eleventh Circuit Appeal No. 13-11585-B, on Scribd, http://www.scribd.com/doc/151468209/ The attached notice to Reverse Mortgage Solutions requests a detailed accounting for $5,975.70 in fees or corporate advances for the purpose of Florida Deceptive and Unfair Trade Practices Act - FDUTPA as held in a final judgment entered J anuary 24, 2014 in Rory Hewitt vs. Law Offices of David J . Stern, costs related to the "unknown spouse" issue. In Hewitt, the Court determined that Mr. Stern was liable under FDUTPA, for the extra cost of wrongly suing unknown parties. In my case, Ms. Parsons and McCalla Raymer sued seven (7) unknown parties. Florida attorney Ryan Christopher Rodems provided me legal advice about this HECM reverse mortgage on J une 21, 2011 during a deposition. Page 112 9 [Mr. Rodems] Q Okay. If I read this correctly, Mr. 10 Gillespie, the borrower for this reverse mortgage 11 was Penelope M. Gillespie, Neil J . Gillespie, and 12 Mark Gillespie as co-trustees of the Gillespie 13 Family Living Trust, an agreement dated February 10, 14 1997. Correct? 15 [Mr. Gillespie] A That's one way to read it. Bank of 16 America doesn't agree with that. 17 [Mr. Rodems] Q And I'll read the acceleration clause 18 about when the debt becomes due. "The Lender may Page 4of 9 7/17/2014 19 require immediate payment in full of all sums 20 secured by the security interest if a borrower dies 21 and the property is not the principal residence of 22 at least one surviving borrower."
Page 113 8 BY MR. RODEMS: 9 Q Well, I guess that's an issue between 10 Bank of America and all of you folks, but it sure 11 does appear to me that you're a borrower and you're 12 still living there, and there is no acceleration of 13 the debt. Is that your understanding, Mr. 14 Gillespie? 15 A That's what I've been told.
Theres more forthcoming. Im providing this email cc to the CFPB as I believe they may wrongly raise the privacy of a deceased person in a recent matter. Thank you. Sincerely, Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Telephone: 352-854-7807 Email: neilgillespie@mfi.net ----- Original Message ----- From: J enkins, Deidra D To: 'Neil Gillespie' Cc: 'Benjamin Shultz' ; 'Michael Raab' ; 'Mark Gillespie' Sent: Monday, April 28, 2014 12:47 PM Subject: RE: FOIA Request - 14-FI-HQ-01257
Good morning Mr. Gillespie,
Your request will be referred to HUDs Atlanta Homeownership Center for further processing because they maintain the records responsive to your request. However, you are not listed as a borrower on the FHA loan you provided, which mean the documents would be withheld under FOIA Exemption 6 because release of such information would constitute an unwarranted invasion of personal privacy. The interest of the general public in reviewing those portions of government documents does not outweigh the individuals right to privacy.
From: Neil Gillespie [mailto:neilgillespie@mfi.net] Sent: Friday, April 25, 2014 9:54 PM To: J enkins, Deidra D Cc: 'Benjamin Shultz'; 'Michael Raab'; 'Mark Gillespie' Subject: Re: FOIA Request - 14-FI-HQ-01257 Page 5of 9 7/17/2014
Ms. J enkins, your reply is not response to my question. See attached. Neil J . Gillespie ----- Original Message ----- From: J enkins, Deidra D To: 'Neil Gillespie' Cc: 'Benjamin Shultz' ; 'Michael Raab' ; 'Mark Gillespie' Sent: Friday, April 25, 2014 9:25 AM Subject: RE: FOIA Request - 14-FI-HQ-01257
Mr. Gillespie,
I provided you with an acknowledgement letter and the Affirmation Declaration form. The FOIA Branchs address is below.
U.S. Department of Housing and Urban Development Office of the Executive Secretariat FOIA Branch 451 7 th Street, SW
Room 10139 Washington, DC 20410
Attn: Deidra J enkins 14-FI-HQ-01257
From: Neil Gillespie [mailto:neilgillespie@mfi.net] Sent: Thursday, April 24, 2014 10:42 PM To: J enkins, Deidra D Cc: Benjamin Shultz; Michael Raab; Neil Gillespie; Mark Gillespie Subject: Fw: FOIA Request - 14-FI-HQ-01257
Deidra J enkins FOIA Specialist U.S. Department of Housing and Urban Development Office of the Executive Secretariat FOIA Office, Room 10139 Office (202) 402-2533 Fax (202) 619-8365 Deidra_D._J enkins@hud.gov Page 6of 9 7/17/2014 Dear Ms. J enkins: When can I expect a response from you to my query below, "How shall I provide the notarized form to you? By email in PDF, or do you require the original paper document delivered to the HUD FOIA Office?" If you require the original paper document, kindly provide a physical mailing address. My third-party carrier UPS does not deliver to a Post Office Box. Please cite to the rule or regulation that requires me to submit a notarized form. Attached in PDF is my April 16, 2014 FOIA-Privacy Act request to HUD that provides a copy of my Florida Drivers license for the purpose of identification. Please find attached a PDF copy of HUDs email to me dated April 22, 2014, and a PDF copy the request details from HUDs FOIA Public Access website. On April 18, 2014 I called (678) 732-2776, Karen J ackson-Sims about this matter, and got a message that Ms. J ackson-Simms is no longer with the agency. Karen J ackson-Sims was the former Region IV Deputy Regional Administrator U.S. Department of Housing and Urban Development 40 Marietta Street Atlanta, GA 30303 (678) 732-2776 Office Region IV (Atlanta, Birmingham, Caribbean, Columbia, Greensboro, J ackson, J acksonville, Knoxville, Louisville, Nashville, Memphis, Miami, Orlando, Tampa) I am providing a copy of this email to HUD attorney Benjamin Shultz, and HUD attorney Michael Raab. In lieu of a response from you Ms. J enkins I will accept a response from a HUD attorney. If you or the HUD attorneys are not able to timely respond, I will contact the Office of U.S. Senator Marco Rubio for further guidance. Thank you in advance for the courtesy of a timely response. Sincerely. Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Telephone: (352) 854-7807 Email: neilgillespie@mfi.net ----- Original Message ----- From: Neil Gillespie To: J enkins, Deidra D Cc: Neil Gillespie ; Mark Gillespie Sent: Wednesday, April 23, 2014 12:51 PM Subject: Re: FOIA Request - 14-FI-HQ-01257
Thank you Ms. J enkins. How shall I provide the notarized form to you? By email in PDF, or do you require the original paper document delivered to the HUD FOIA Office? Sincerely, Page 7of 9 7/17/2014 Neil J . Gillespie 8092 SW 115th Loop Ocala, Florida 34481 Telephone: (352) 854-7807 Email: neilgillespie@mfi.net ----- Original Message ----- From: J enkins, Deidra D To: 'neilgillespie@mfi.net' Sent: Wednesday, April 23, 2014 12:23 PM Subject: FOIA Request - 14-FI-HQ-01257
Mr. Gillespie:
This letter acknowledges the Department of Housing and Urban Developments receipt of your Freedom of Information Act (FOIA) request dated March 25, 2014, to the Consumer Financial Protection Bureau. Your FOIA request was received in the Department's FOIA Branch on April 17, 2014. HUD is currently processing your request.
Pursuant to the FOIA, 5 U.S.C. 552(a)(6)(A)(i), once HUD properly receives a FOIA request, the Department has 20 working days within which to make a determination on the request unless unusual circumstances exist. Under unusual circumstances, such as an agencys backlog, or the need to examine a voluminous amount of records required by the request, HUD can extend the 20-day time limit for processing a request. Based upon HUDs experience and current inventory, it is estimated that it will take 30-45 days to complete processing of your request.
The Department will comply with your request to the extent permissible by law. Any records not subject to an exemption will be forwarded to you promptly upon the completion of HUDs search and review process. If you have any questions regarding your request, please contact Ms. J enkins at (202) 402-2533.
Thank you for your interest in the Departments programs and policies. I will try to process your request as soon as the program office provides any responsive documents. However, before HUD can release any documents to you that may be privacy protected, please fill out the attached HUD Affirmation Declaration form, have it signed and notarized. This form is for verification of identity and a safety measure for our requesters.
Deidra Jenkins FOIA Specialist U.S. Department of Housing and Urban Development Office of the Executive Secretariat FOIA Office, Room 10139 Page 8of 9 7/17/2014 Office (202) 402-2533 Fax (202) 619-8365 Deidra_D._Jenkins@hud.gov