cfpb re bank of america-christopher pickle-office-ceo-president

8/20/2019 CFPB re Bank of America-Christopher Pickle-Office-CEO-President

1/11

VIA U.S. Postal Service Priority Mail

9405 5036 9930 0163 3807 89

October 8, 2012

Consumer Financial Protection Bureau (CFPB)

P.O. Box 4503

Iowa City, IA 52244

RE: CFPB Case # 120914-000082

To Whom It May Concern:

Enclosed is a copy of my response to Bank of America, Christopher Pickle, Office of the CEO

and President, responding to his request for a copy of the Last Will and Testament of PenelopeGillespie. A copy of the will is enclosed.

On September 27, 2012 I attempted, but was not able, to open an account with the CFPB to

review my complaint and view the status at http://www.consumerfinance.gov/.

Is my account disabled? How can I open an account with CFPB?

Please contact me if you need any additional information. Thank you.

Sincerely,

Neil J. Gillespie

8092 SW 115th Loop

Ocala, Florida 34481

Telephone: (352) 854-7807

Email: [email protected]

cc: Bank of America, Christopher Pickle, Office of the CEO and President

Enclosures

All calls on home office business telephone extension (352) 854-7807 are recorded for quality assurance purposes

pursuant to the business use exemption of Florida Statutes chapter 934, section 934.02(4)(a)(1) and the holding of

Royal Health Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991).


2/11

NOTE: This fax and the accompanying information is privileged and confidential and is intended only for use by the above

addressee. If you are not the intended recipient, you are hereby notified that any use, dissemination or copying of this fax

and the accompanying communications is strictly prohibited. If you have received this communication in error, please

immediately notify the sender by telephone, collect if necessary, and return the original message to me at the above address

via U.S. mail. Thank you for your cooperation.

All calls on home office business telephone extension (352) 854-7807 are recorded for quality assurance purposes pursuant

to the business use exemption of Florida Statutes chapter 934, section 934.02(4)(a)(1) and the holding of Royal Health

Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991).

FaxFrom: Neil J. Gillespie

8092 SW 115th Loop Ocala, FL 34481

Telephone: (352) 854-7807

To: Bank of America, Christopher Pickle, Office of the CEO and President

Fax: 1-877-373-7139

Date: October 8, 2012

Pages: ten (10), including this page

Re: Your request, letter dated October 1, 2012, copy attached

Dear Mr. Pickle:

In response to your letter to me dated October 1, 2012, I am a borrower on the reverse mortgage as set

forth in the loan documents, including the Assignment of Mortgage executed March 27, 2012

attached to this fax. I also made the complaint to HUD August 9, 2012. There is nothing to prevent

you from responding to me directly about my loan and HUD complaint.

Without waiver, a facsimile of the Last Will and Testament of Penelope Gillespie is provided at your

request. I am Personal Representative of the will. Mark J. Gillespie is unwilling or unable to serve.

Florida has a Personal Representative, not an executor. There are no letters of testamentary.

Please respond in writing to my HUD complaint of August 9, 2012, Consumer Financial Protection

Bureau Case # 120914-000082. Please do not telephone me. Also enclosed is my letter to the CFPB.

Neil J. Gillespie


cc: Mark J. Gillespie

cc: Consumer Financial Protection Bureau Case # 120914-000082


3/11

VIA U.S. Postal Service Priority Mail

9405 5036 9930 0163 3807 89

October 8, 2012

Consumer Financial Protection Bureau (CFPB)

P.O. Box 4503

Iowa City, IA 52244

RE: CFPB Case # 120914-000082

To Whom It May Concern:

Enclosed is a copy of my response to Bank of America, Christopher Pickle, Office of the CEO

and President, responding to his request for a copy of the Last Will and Testament of PenelopeGillespie. A copy of the will is enclosed.

On September 27, 2012 I attempted, but was not able, to open an account with the CFPB to

review my complaint and view the status at http://www.consumerfinance.gov/.

Is my account disabled? How can I open an account with CFPB?

Please contact me if you need any additional information. Thank you.

Sincerely,

Neil J. Gillespie

8092 SW 115th Loop

Ocala, Florida 34481

Telephone: (352) 854-7807


cc: Bank of America, Christopher Pickle, Office of the CEO and President

Enclosures

All calls on home office business telephone extension (352) 854-7807 are recorded for quality assurance purposes

pursuant to the business use exemption of Florida Statutes chapter 934, section 934.02(4)(a)(1) and the holding of

Royal Health Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991).


4/11

Bankof merica

Executive Customer Relations

Office of the

EO

and President

October I, 2012

Neil Gillespie

8092 Southwest

II

5

th

Loop

Ocala, FL 34481

Inquiry received date: September

17,2012

Dear Neil Gillespie:

Bank

of

America s Office

of

the CEO and President acknowledges receipt

of

your inquiry. As a customer

advocate, I welcome the opportunity to respond to your inquiry.

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. Since our records indicate

that no written authorization has been received to date from the person on whose behalf you are inquiring, we are

unable to discuss any infonnation with you at this time. Please provide a copy of the will naming the third party

as the executor o r the letters

of

testamentary naming you as the authorized representative. We will respond to the

concerns raised in your correspondence once the aforementioned documents are provided.

If you wish to submit the will

or

the letters

of

testamentary, you can fax them directly to

me

at 1.877.373.7139.

Please feel free to contact me directly at 1.972.526.3604. I am available Monday through Friday, 7:30 a.m. to

4:30 p.m. Central.

Sincerely,

Christopher Pickle

Customer Advocate

Office

of

the CEO and President

cc: Consumer Financial Protection Bureau Case 120914-000082

Bank of Amer ica, TX2-981-05-07

100 North Tryon Street, Charlotte, N 28255-0001

ORecycIed Paper


5/11

Recording Requested By:

Bank of

America

Prepared By: Dian a De Avila

888-603-9011

When recorded mail to:

Reverse Mortgage Solutions, Inc.

2727 Spring Creek Drive

Spring , TX 77373

DocID# 1266801100261589920032

Property Address:

8092 SW 115TH LOOP

OCALA, FL 34481

FLO-AM 18001254

3 2712012 This space for Recorder's use

ASSIGNMENT OF MORTGAGE

For Value Received, the undersigned holder

of

a Mortgage (herein "Assignor") whose address

is

190

QUEEN

ANNE,

NORTH

SUITE

100 SEATTLE WA 98109 does hereby grant, sell, assign, transfer and convey unto REVERSE

MORTGAGE SOLUTI ONS, INC., whose address is 2727

SPRING

CREEK DRIVE SPRING TX 77373 all

beneficial interest under that certain Mortgage described below together with the note(s) and obligations therein

described and the money due and to become due thereon with interest and all rights accrued or to accrue under said

Mortgage,

Original Lender:

LIBERTY REVERSE MORTGAGE INC.

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

FEBRUA RY 10, 1997

Date

of

Mortgage:

6/5/2008

Original Loan Amount: $198,000.00

Recorded in Marion County, FL on:

6/25/2008

book OR 05057, page 1670 and instrument number 2008065289

IN

W T ~ ~ S

Yo tQ::REOF, the undersigned has caused this Assignment

of

Mortgage to be executed on

MAR

Z

/ ZOlZ

Assistant

Vice President

By

L£2:0G

ominique

Jobnso

itness: C_hest _ L_9_'V_i _g_S

Witness: Edward

Gallegos

State of California

County of Ventura

On MAR

27

2 12 before me,

appeared Jane Martorana

J jJ jan

JEllison

and

,No4U"Y

Public, perso

O6mlnlqUe

Johnson

nally

who

proved

to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within

instrument and acknowledged to me that helshelthey executed the same in hislher/their authorized capacity(ies),

and that by hislher/their signature(s) on the in strument the person(s), or the entity upon behalf of which the person

(s) acted, executed the instrument.

I certify

under

PENALTY

OF PERJURY under the laws of

the

State of California that the foregoing

paragraph

is true and correct.

Notary Pu c:

Lillian

J.

Ellison

•

LILLIAN

J.

ELLISON

C(lIMIIllion

t 256\7

.

Public

-Cllltornit

, los Angele. County. ..

M

Comm.

Ex

res Mar 13. 2015

My Commission Expires: Ma ch 13, 2015


6/11

1 JAN PH 2: 4

; ;ccJ

w 0; ,;1. -/S:J-J

D ~ m ~ . c

t ~ k W

and Destament

H A.t;:

ON

OUNT Y FL

OF

P N LOP GILL SPI

I PENELOPE GILLESPIE a resident ofMarion County Florida and a citizenofthe .

United States

of

America hereby make publish and declare this to be my Last Will and

Testament and I hereby revoke all my prior Wills and Codicils that I may have made

heretofore.

FIRST:

I authorize my personal representative to pay the expenses ofmy

last illness funeral and burial as deemed appropriate in the discretion of my personal

representative without regard to any statutory limitation on the amount of such expenses. I

further authorize but not direct my personal representative to pay the administration

expenses

of

my estate and all the debts that my estate shall be legally obligated to pay except

that the payment of any debts secured by a mortgage or other encumbrance on property

owned

by

me at my death shall be within the discretion ofmy personal representative so that

such property may pass subject to the mortgage or other encumbrance.

SECOND: f there

is

a separate writing signed and dated by me and in

existence at the time

of

my death then I give and devise the items of tangible personal

property listed in the separate writing to persons named therein. The latest such separate

p

?r}.Jd-

Page 1 of 5 .


7/11

writing in existence at the time

of

my death shall constitute the Separate Writing referred to

in Florida Statute 732.515 and be determinative with respect to all items devised therein.

If

such writing is not found within 30 days after my decease, it should be conclusively

presumed that none exists. None

of

the specific devises set forth in said Separate Writing

shall be considered as part of any beneficiary's share ofmy estate.

THIRD: I declare that I am an unremarried widow, and that I have three

children, MARK J GILLESPIE, of Ft. Worth, Texas, NEIL J GILLESPIE,

of

Ocala,

Florida, and ELIZABETH BAUERLE, of St. Charles, Illinois.

FOURTH: It is my wish and direction that my earthly remains be buried

near my parents in

New

Jersey rather than cremation.

FIFTH: I give, devise and bequeath all the rest and residue ofmy property

of

whatever name and nature wherever situated, including the proceeds

of

any insurance

policies payable for the benefit

of

my estate, payable to my estate or payable to me, to my

personal representative as such or assigns, and including all property over which I may have

any power

of

appointment, to that person or those persons who are at the time ofmy decease,

serving as the trustees under a certain trust agreement executed by me on the 10

th

day of

February, 1997, entitled THEGILLESPIE FAMIL

YLIVING

TRUST AGREEMENT, to

be added to the property then held in trust by said trustees and to be held and administered in

accordance with the terms of the trust as stated in said trust instrument of revocable trust as

from time to time hereafter amended.

Page 2 of 5

j .

7. IJ,


8/11

SIXTH:

f the Trust shall be invalid fail or be revoked or

if

the bequest

of the residue of my estate made hereunder shall fail for any reason I give devise and

bequeath the residue

of

my estate real and personal wherever situated including all failed

and lapsed gifts to the person named as Trustee of the Trust in trust to hold manage and

distribute upon the terms and conditions provided in said Trust.

Except as specifically provided in the Trust I have intentionally and with full

knowledge omitted to provide any benefits under this Will for my heirs.

SEVENTH: I appoint my son MARK

J

GILLESPIE as Personal

Representative of this Will and direct that no bond be required ofhim as such. fMARK J

GILLESPIE be unwilling or unable to serve as Personal Representative then I appoint my

son NEIL

J

GILLESPIE as Personal Representative and direct that no bond be required

of

him as such nor be required to comply with the provisions

of

Chapter 737 Florida Statutes.

f NEIL J GILLESPIE be unwilling or unable to serve as Personal Representative then I

appoint my daughter ELIZABETH BAUERLE as Personal Representative and direct that

no bond be required ofher as such nor be required to comply with the provisions

of

Chapter

737

Florida Statutes. The Personal Representative shall not be entitled to any compensation

but is entitled to complete reimbursement for all expenses incurred in the performance

of

his/her duties.

I give to my Personal Representative at any time acting hereunder full power

and authority to do all acts which I might or could do

if

living including authority to sell

O q f ~

Page

3 of

5


9/11

without order of court any real or personal property belonging to my estate and to settle and

compound any claims either in favor of

or against my estate as to him/her shall seem best

for the purpose aforesaid to execute any and all proper and necessary deeds conveyances

receipts and acquittances.

N WITNESS WHEREOF I have hereunto set my hand and seal at Ocala

Florida this day of September 2008.

PENELOP GILLESPIE

Signed sealed published and declared by the said PENELOPE GILLESPIE as

and for her Will in the presence of the undersigned who at her request and in her presence

and in the presence ofeach other have hereunto set our hands as witnesses thereto this 7

day

of

September 2008.

STATE OF FLORIDA

COUNTY OF M RlON

We PENELOPE GILLESPIE MICHAEL A. SIEFERT and

K REN D VIS

CURRtf the Testatrix and the witnesses respectively whose

names are signed to the attached or foregoing instrument being first duly sworn do hereby

Page 4

of

5


10/11

declare to the undersigned officer that the Testatrix signed the instrument as her Last Will

and Testament and that she signed voluntarily and that each of the witnesses in the presence

of the Testatrix at her request and in the presence of each other signed the Will as a witness

and that to the best of the knowledge

of

each witness the Testatrixwas at the time eighteen or

more years of age

of

sound mind and under no constraint or undue influence.

Subscribed and acknowledged before me on this the

11

day of September

2008 by PENELOPE GILLESPIE the Testatrix and subscribed and sworn to before me by

MICHAEL A. SIEFERT and KAREN· D VIS CIJR tE the witnesses who

presented Florida driver licenses as identification or who are personally known to me.

J 6 J ; ; t l U A ~

My Commission Expires:

NOT RY PUBLIC

~ c ~ ~ : ; ~ ~ l J 1 : t

HEATHER

HILLIARD

·

-Ie

MY COMMISSION O

589311

EXPIRES:

November

28,

2010

c P ~ , . ~ OF F \ } ~ ~ Q t Bonded Thru

Budget

Notary Services

Page 5

of

5


11/11

PROBATE DIVISION

OFFICE OF DAVID R ELLSPERMANN-CLERK OF THE CIRCUIT COURT

RECEIPT

:

P 000055617

DATE: 01-12-2010 TIME: 12:52:26

RECEIVED OF: GILLESPIE NEIL JOSEPH

MEMO: 1CC WILL

PART. 10: 1406736

0000-WF-022452

BY CLERK: L SPARKMAN

CHECKS:

CASH CREDIT CHANGE OTHER

$7.00 $0.00 $0.00 $0.00

CASE NUMBER EVENT

-

- _ _-

O U R T ~ U G E

- .

TAX

NO

AMOUN

9301

PAY: COPY FEE

PR

$5.00

9302 PAY: CERTIFIED COPY FEE PR $2.00

TOTAL RECEIPT...

$7.00

cfpb re bank of america-christopher pickle-office-ceo-president

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