Professional Documents
Culture Documents
Defendants.
________________________________________/
DEFENDANT GILLESPIES NOTICE OF CONTEST OF LIEN
Chapter 713, Florida Statutes
TAKE NOTICE: Defendant pro se Neil J. Gillespie, henceforth in the first person, a disabled,
indigent/insolvent non-lawyer, unable to obtain adequate counsel, a vulnerable adult, and a
consumer of legal and court services affecting interstate commerce, gives notice as follows:
1.
Pursuant to Chapter 713, Florida Statutes, et seq., I hereby give notice of contest of lien.
2.
I live at 8092 SW 115th Loop, Ocala, Marion County, Florida (the property) a 55+
community known as Oak Run, developed and managed by the Development and Construction
Corporation of America (DECCA) and Oak Run Associates, LTD, a Florida limited
partnership (ORAL). The property is my primary residence and homestead. (Exhibit A). I have
resided in the property continuously and uninterruptedly since February 9, 2005.
3.
My parents, Cornelius L. Gillespie and Penelope M. Gillespie, bought the property and
constructed a two bedroom retirement home in 1993 for $75,890 cash. I was not in privity to the
purchase of the property, or to any obligations thereto now claimed by DECCA and/or ORAL.
4.
Cornelius L. Gillespie and Penelope M. Gillespie were Grantor Trustees of the Gillespie
I believe the property, Marion County Tax Parcel ID 7013-007-001, was owned by the
Trust from February 10, 1997 until January 14, 2015. Legal description:
Lot(s) 1, Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the Public Records of
Marion County, Florida.
6.
7.
8.
9.
I became sole trustee June 12, 2014 after my brother resigned as co-trustee.
10.
Pursuant to my authority as trustee of the Trust, and acting in that capacity, I transferred
the remaining trust property to the beneficiary, myself, on January 14, 2015.
11.
12.
Pursuant to my authority as trustee of the Trust, and acting in that capacity, I terminated
the Trust as provided by Fla. Stat. 736.0414, and Article V, the Trust. The total fair market
value of the assets of the Trust was zero. The Trust served its intended purpose of transferring
the property to the beneficiary without going through probate.
Fla. Stat. 736.0414 Modification or termination of uneconomic trust. (1) After notice to
the qualified beneficiaries, the trustee of a trust consisting of trust property having a total
value less than $50,000 may terminate the trust if the trustee concludes that the value of
the trust property is insufficient to justify the cost of administration.
13.
Carol M. Olson, Agent for DECCA, and Secretary Treasurer and agent for Oak Run
Associates, LTD, wrongly recorded 4 separate Claim of Liens against me. Among other things,
the Claims of Liens do not correlate to billing by DECCA and/or ORAL. Billing was as shown:
2010 - January through December - 12 bills
2
DECCA
10983 SW 89th Avenue, Ocala, FL 34481
Account no. 02-01744
Penelope Gillespie
8092 SW 115th Loop
Ocala, FL 34481
--------------------------------------------2011 - January through October - 10 bills
DECCA
10983 SW 89th Avenue, Ocala, FL 34481
Account no. 02-01744
Penelope Gillespie
8092 SW 115th Loop
Ocala, FL 34481
-------------------------------------------2011 - November & December - 2 bills
DECCA
10983 SW 89th Avenue, Ocala, FL 34481
Account no. 02-01744
Family Trust Gillespie
Gillespie, Neil J TR Et Al
8092 SW 115TH Loop
Ocala, FL 34481
-------------------------------------------2012 - January through June - 6 bills
DECCA
10983 SW 89th Avenue, Ocala, FL 34481
Account no. 02-01744
Family Trust Gillespie
Gillespie, Neil J TR Et Al
8092 SW 115TH Loop
Ocala, FL 34481
----------------------------------------------2012 - July through December - 6 bills
OAK RUN ASSOCIATES, LTD.
10983 SW 89th Avenue, Ocala, FL 34481
Account no. 02-01744
On June 23, 2011, Carol M. Olson, Agent for DECCA, wrongly recorded a Claim of Lien
against me in the amount of $2587.06 in the official records of Marion County, recorded in Book
5534/Page772 CFN#2011058981. A copy of the lien appears at Exhibit 1, and states:
Before me, on the 23rd day of June, 2011, personally appeared Carol M. Olson,
Secretary/Treasurer, the agent for Development & Construction Corporation of America
whose address is 10983 SW 89th Avenue, Ocala, FL who does hereby file this Lien
against: the following described real property in Marion County, Florida, 8092 SW 115th
Loop, Ocala, FL known as NBHD 13 Block G Lot 1 within Oak Run owned by Neil J.
Gillespie. This Lien is for unpaid amenities and fines for violations of restrictive
covenants between the period of June 3rd 2010 to June 5th, 2011, in the amount of Two
Thousand Five Hundred Eighty Seven Dollars and Six Cents ($2587.06) with the
monthly charges and fines to increase each month, if not paid.
15.
DECCAs Claim of Lien against me on June 23, 2011 for $2587.06 is wrong as follows:
16.
Name(s) on billing do not match Claim of Lien by DECCA and/or ORAL; see 13
Date of June 3rd 2010 to June 5th, 2011 on Claim of Lien does not match billing.
On June 23, 2011 I (Neil J. Gillespie) did not own the property.
On June 23, 2011 the Trust owned the property.
On June 23, 2011 DECCA was a fictitious name only, not a corporation as claimed,
or any other recognized entity private, business, or government that I could find.
On June 23, 2011 I was not in privity with obligation for unpaid amenities.
On June 23, 2011 I did not know how late charges were assessed by DECCA.
There were no violations of restrictive covenants between the period of June 3rd 2010
to June 5th, 2011 as claimed, that I know of.
On August 2, 2012, Carol M. Olson, Agent for DECCA, wrongly recorded a Claim of
Lien against me in the amount of $6562.24 in the official records of Marion County, Book 5714
/Page 1420 CFN#2012075421. The Claim of Lien appears at Exhibit 2 and states:
Before me, on the 2nd day of August, 2012 personally appeared Carol M. OIson,
Secretary/Treasurer and agent for Development & Construction Corporation of America
whose address is 10983 SW 89th Avenue, Ocala, FL, and who does hereby file this Lien
against the following described real property in Marion County. Florida:
ADDRESS OF PROPERTY: 8092 SW 115th Loop, Ocala, FI34481
The Claim of Lien against me on August 2, 2012 for $6562.24 is wrong as follows:
Name(s) on billing do not match Claim of Lien by DECCA and/or ORAL; see 13
Date of October 5, 2010 to July 31, 2012 on Claim of Lien does not match billing.
On August 2, 2012 the Trust owned the property but I was not sole trustee.
On August 2, 2012 DECCA was a fictitious name only, not a corporation as claimed,
or any other recognized entity private, business, or government that I could find.
On August 2, 2012 I was not in privity with obligation for unpaid amenities.
On August 2, 2012 I did not know how late charges were assessed by DECCA.
There were no violations of restrictive covenants between the period of October 5,
2010 to July 31, 2012 as claimed, that I know of.
18.
On August 22, 2013, Carol M. Olson, Secretary Treasurer and agent for Oak Run
Associates, LTD, wrongly recorded a Claim of Lien against me in the amount of $11,445.88 in
the official records of Marion County, Book 5916/Page199 CFN#2013087330. The Claim of
Lien appears at Exhibit 3 and states:
Before me, on the 22nd day of August, 2013 personally appeared Carol M. Olson,
Secretary Treasurer and agent for Oak Run Associates, LTD, whose address is 10983 SW
89 Avenue, Ocala, FL, and who does hereby file this Lien against the following
described real property in Marion County, Florida:
111
This Lien is for unpaid Services Fees and Fines for violations of restrictive covenants,
between the periods of September 15, 2010 to August 21, 2013, in the amount of Eleven
Thousand Four Hundred and Forty Five Dollars and Eighty Eight Cents ($11,445.88) the
monthly charges and tines to increase each month, if not paid.
19.
The Claim of Lien against me August 22, 2013 for $11,445.88 is wrong as follows:
20.
Name(s) on billing do not match Claim of Lien by DECCA and/or ORAL; see 13
Date of September 15, 2010 to August 21, 2013 on Claim of Lien does not match billing.
On August 22, 2013 the Trust owned the property but I was not sole trustee.
On August 22, 2013 the Claim of Lien was to ORAL, not DECCA
On August 22, 2013 I was not in privity with obligation for unpaid amenities.
On August 22, 2013 I did not know how late charges were assessed by DECCA.
There were no violations of restrictive covenants between the period of September
15, 2010 to August 21, 2013 as claimed, that I know of.
On August 22, 2014, Carol M. Olson, Secretary Treasurer and agent for Oak Run
Associates, LTD, wrongly recorded a Claim of Lien against me in the amount of $16,428.05 in
the official records of Marion County, Book 6083 /Page 124 CFN#2014077277. The Claim of
Lien appears at Exhibit 4 and states:
Before me, on the 12th day of August, 2014 personally appeared Carol M. Olson.
Secretary Treasurer and agent for Oak Run Associates, LTD. whose address is 10983 SW
89'" Avenue, Ocala, FL, and who does hereby file this Lien, against the following
described real property in Marion County, Florida:
ADDRESS OF PROPERTY: 8092 SW 115th Loop, Ocala, FL 34481
KNOWN AS PARCEL ID 7013-007-001, LOT 1, BLOCK G, OF OAK RUN
NEIGHBORHOOD WOODSIDE TRACT, AS PER PLAT THEREOF, RECORDED IN
PLAT BOOK 002, PAGE(S) 106, INCLUSIVE, OF THE PUBLIC RECORDS OF
MARION COUNTY, FLORIDA.
PROPERTY OWNED BY Gillespie Family Trust & Neil J Gillespie Tr
This Lien is for unpaid Services Fees and Fines for violations of restrictive covenants.
between the periods of September 15, 2010 to August 11, 2014, in the amount of Sixteen
Thousand Four Hundred and Twenty Eight Dollars and Five Cents ($16.428.05) the
monthly charges and fines to increase each month, if not paid.
21.
The Claim of Lien against me August 12, 2014 for $16.428.05 is wrong as follows:
Name(s) on billing do not match Claim of Lien by DECCA and/or ORAL; see 13
7
22.
Date of September 15, 2010 to August 11, 2014 on Claim of Lien does not match billing.
On August 12, 2014 the Trust owned the property.
On August 12, 2014 the Claim of Lien was to ORAL, not DECCA
On August 12, 2014 I was not in privity with obligation for unpaid amenities.
On August 12, 2014 I did not know how late charges were assessed by DECCA.
There were no violations of restrictive covenants between the period September 15,
2010 to August 11, 2014 as claimed, that I know of.
ORAL Secretary Treasurer and agent Carol M. Olson has been uncooperative in
resolving the matter of liens. Beginning February 4, 2015, I emailed Ms. Olsen but got
incomplete responses. My final email to Olsen was March 17, 2015, where I announced:
I am making this request as a consumer for obligations arising from consumer
transactions for my Personal, Family or Household Purposes debt under the federal Fair
Debt Collections Practices Act (FDCPA) as amended by Public Law 104-208, 110 Stat.
3009 (Sept. 30, 1996) 15 U.S.C. 1692 et seq. (links below); and the Florida Consumer
Collection Practices Act, sections 559.55, et seq., Florida
23.
Clerk of Court & Comptroller, have conspired, contrary to Fla. Stat. section 777.04 Attempts,
solicitation, and conspiracy. to wrongly make me subject to Section 55.03 Florida Statutes,
Judgments; rate of interest, generally, prior to adjudication of this Contest of Lien.
24.
I hereby rescind any prior offers to Carol M. Olsen, DECCA, and/or ORAL. A five page
email chain between me and Carol M. Olsen appears at Exhibit 5, without attachments.
VERIFICATION OF NEIL J. GILLESPIE
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
RESPECTFULLY SUBMITTED November 10, 2015.
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: neilgillespie@mfi.net
SERVICE LIST
DEFENDANT GILLESPIES NOTICE OF CONTEST OF LIEN
Chapter 713, Florida Statutes
Certificate of Service I hereby certify that today November 10, 2015 I served the
forgoing to the following names on the Florida E-filing Portal.
Curtis Wilson a/k/a Curtis Alan Wilson
Email: MRService@mccallaraymer.com
Carol M. Olson, Secretary Treasurer and agent for Oak Run Associates, LTD; VP DECCA
Email: colson@deccahomes.com
Neil J. Gillespie
REC 10.00
NOTICE OF HOMESTEAD
To Whom It May Concern:
You are notified that the undersigned NEIL J. GILLESPIE claims as homestead exempt
from levy and execution under Section 4, Article X of the Florida State Constitution, the
following described property:
Lot(s) 1, Block G, OAK RUN WOODSIDE TRACT, according to the Plat
thereof as recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the
STATE OF FLORlDA
COUNTY OF MARION
The foregoing instrument was acknowledged before me this 7th day of February, 2013 by
NEIL J. GILLESPIE, who is personally known to me.
t:b: ~
Notary Public
W.. ,.
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A
Book5807/Page1396
CFN#2013013720
Page 1 of 1
Page 1 of 5
Neil Gillespie
From:
To:
Cc:
Sent:
Subject:
5
5/3/2015
Page 2 of 5
5/3/2015
Page 3 of 5
restrictions" document is 27 pages. Please provide additional information about this unpaid balance
debt, the terms, and the interest rate. I am making this request under the Fair Debt Collections Practices
Act.
Just so there is no misunderstanding, I do not currently have funds to pay the unpaid balance. Instead, I
plan to either borrow the money from a bank needed to pay the fees due, or promote my existing
GoFundMe once there is a break in my case, which could include matters beyond foreclosure.
http://www.gofundme.com/stop-wrongful-foreclosure
Another possibility is a consumer debt collection action against Bank of America.
See the attached Order in Coniglio v Bank of America, Case 8:14-cv-01628-EAK-MAP, U.S. District
Court, Tampa. The Court awarded default judgment of $1,000,050 October 21, 2014 against Bank of
America, in a consumer debt collection case for violation of the Telephone Consumer Protection Act
of 1991, 47 U.S.C. 227, et seq., ("TCPA"), and the Florida Consumer Collection Practices Act,
sections 559.55, et seq., Florida Statutes ("FCCPA"). If you want the complaint in Coniglio v Bank of
America, please advise and I will provide it to you. I understand the default judgment is on appeal in
the US Eleventh Circuit. I do not know the current status of the appeal. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Neil Gillespie
To: Carol Olson
Cc: Neil Gillespie ; Mark Gillespie
Sent: Thursday, February 12, 2015 12:25 AM
Subject: Re: property located at 8092 SW 115th Loop, Ocala, Florida 34481
5/3/2015
Page 4 of 5
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Carol Olson
To: 'Neil Gillespie'
Sent: Monday, February 09, 2015 4:36 PM
Subject: RE: property located at 8092 SW 115th Loop, Ocala, Florida 34481
I am in receipt of your e-mail below and have changed the billing information to reflect the
name change. As to the account for this property, there has been no attempt to make a
payment since 12/05/2010. This has resulted in an account with a current balance of
$19,519.92 as of the January 15, 2015 billing. Interest rates accrue on unpaid balances at
the highest rate allowed by law, which is stated in the covenants and restrictions. Any
agreement to collect the unpaid balance would need to include paying the current monthly
assessments in additional to an agreed amount of the delinquent amount each month until
the unpaid balance is satisfied. Carol Olson, VP Administration
5/3/2015
Page 5 of 5
I would like to resolve the outstanding fees owned. As you may be aware, I am in protracted and
costly litigation in the wrongful foreclosure of a HECM reverse mortgage on the property. I rely on
disability income, for which I am grateful, but is not sufficient for protracted litigation. Unfortunately
I have not been able to keep Account no. 02-01744 current. I am open to suggestions you may have
for a situation like this one.
In order for me to assess the correct amount due, please provide the authority Decca relies upon for
charging late fees or interest, however that is defined. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. 352-854-7807
Email: neilgillespie@mfi.net
cc: Mark Gillespie
5/3/2015