affidavit of njg, no unknown trust settlors beneficiaries

8/20/2019 Affidavit of NJG, No Unknown Trust Settlors Beneficiaries

1/27

IN RE: UNKNOWN SETTLORS BENEFICIARIES OF THE GILLESPIE

FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997

STATE OF FLORIDA )) SS.:

COUNTY OF MARION )

AFFIDAVIT

BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly

sworn deposed upon oath as follows:

1. My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on

personal knowledge unless otherwise expressly stated.

2. I am a former Trustee, F.S. Ch. 736 Part III, of the terminated Gillespie Family Living

Trust Agreement dated February 21, 1997. Exhibit 1.

3. There are no unknown settlors beneficiaries, living or dead, of the Gillespie Family

Living Trust Agreement Dated February 10, 1997.

4. I became a Co-Trustee of the Gillespie Family Living Trust Agreement dated February

21, 1997, and accepted my office as Co-Trustee on February 21, 2006. Exhibit 2.

5. Notice of Defendants’ Consent to Judgment was entered July 8, 2013 by counsel of

record for Mark Gillespie and Joetta Gillespie a.k.a. unknown spouse of Mark Gillespie, and

Elizabeth Bauerle, n.k.a. Elizabeth Bidgood. Exhibit 3.

6. As attested to in my Affidavit January 8, 2016, the Unknown Spouse of Elizabeth

Bauerle (n.k.a. Elizabeth Bidgood) is now known as Scott Bidgood or Scott Allen Bidgood.

23. Scott Bidgood does not have any interest in the property at 8092 SW 115th Loop,Ocala, Florida, 34481, Marion County, Parcel ID No. R7013-007-001 through marriage


2/27

2

to Elizabeth Bauerle, n.k.a. Elizabeth Bidgood. As a Successor Trustee, I concluded theunpaid balance on Bank of America N.A. loan #701159906 of $34,169.34, whendeducted from any share to be given to Elizabeth Bauerle, negated any amount dueElizabeth Bauerle by way of inheritance and the property at 8092 SW 115th Loop, Ocala,Florida, 34481, Marion County, Parcel ID No. R7013-007-001.

24. Defendants' Consent to Judgment (Exhibit 10) concluded any interest of ElizabethBauerle, n.k.a. Elizabeth Bidgood, and the Unknown Spouse of Elizabeth Bauerle, n.k.a.Scott Bidgood or Scott Allen Bidgood, in the property at 8092 SW 115th Loop, Ocala,Florida, 34481, Marion County, Parcel ID No. R7013-007-001.

7. Mark J. Gillespie resigned as Co-Trustee on June 12, 2014 to avoid breach of Trust after

giving consent to judgment. The property in foreclosure is the only asset of the Trust.. Exhibit 4.

8. I accepted office as Sole Trustee effective June 24, 2014. Exhibit 5.

9. I filed Notice of Trust in Marion County Florida probate case 2014-CP-1060 on June 24,

2014, and set forth as follows: Exhibit 6.

PENELOPE M. GILLESPIE, a resident of Marion County, Florida, who died onSeptember 16, 2009, was the Grantor of a trust entitled: Gillespie Family Living TrustAgreement dated February 10, 1997, which is a trust described in F.S. § 733.707(3), and is liable for the expenses of the administration of the decedent’s estate and enforceableclaims of the decedent’s creditors to the extent the decedent’s estate is insufficient to paythem, as provided in F.S. § 733.607(2).

1. The clerk shall file and index this notice of trust in the same manner as a caveat, unlessthere exists a probate proceeding for the Grantor's estate in which case this notice of trustmust be filed in the probate proceeding and the clerk shall send a copy to the personalrepresentative.

2. I am Neil J. Gillespie, the personal representative as defined by F.S. § 198.01(2), of theEstate of Penelope M. Gillespie. I deposited the decedent’s Last Will and Testament , and death certificate, with the Clerk, Marion County Florida, File No. 42-0000-WF-022452-AXXX-XX.

3. The decedent’s Will declares me as one of three children in the third paragraph.

4. The decedent’s Will appoints me Personal Representative in the seventh paragraph,and states, “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 sellwithout order of court any real or personal property belonging to my estate and to settleand compound any claims, either in favor of or against my estate, as to him/her shallseem best for the purpose aforesaid, to execute any and all proper and necessary deeds,conveyances, receipts and acquittances.”


3/27

3

5. I hereby file Affidavit of No Florida Estate Tax Due, which is attached.

6. The decedent only left personal property exempt as provided by F.S. § 732.402(2).

7. Bruce Morreale of H&R Block prepared the decedent's final federal tax return form 1040A.

8. Mark Gillespie paid the funeral bill September 18, 2009; filed the decedent’s final

federal tax return April 10, 2010; and paid the final taxes owed to the Internal RevenueService.

9. All enforceable claims of the decedent's creditors have been paid. There are no assets of thedecedent left to transfer. The Trust avoided probate of the estate. There is no reason to openadministration of the estate. No Letters Testamentary are needed, and none will be obtained.

10. My homestead is the sole asset of the Trust. My notice of homestead is attached.

11. I am the sole Trustee of the Trust. My name and address appear below. I am not a lawyer.

10. On July 7, 2014 Mark J. Gillespie conveyed by quit claim deed to Neil J. Gillespie,

Tustee, the property located at 8092 SW 115th Loop, Ocala, Florida, 34481, Marion County,

Parcel ID No. R7013-007-001, legal description:

LOT(S) 1, BLOCK G, OAK RUN WOODSIDE TRACT, ACCORDING TO THE PLATTHEREOF AS RECORDED IN PLAT BOOK 2 AT PAGE(S) 106 THROUGH 112,INCLUSIVE, OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.

COUNTY OF MARIONSTATE OF FLORIDA

A.P.N.7013-007-001

11. As Sole Trustee, I was authorized by the Florida Statutes and required to act:

“A trustee shall take reasonable steps to take control of and protect the trust property.”Section 736.0809, Florida Statutes, Control and protection of trust property.

“A trustee shall take reasonable steps to enforce claims of the trust and to defend claimsagainst the trust.” Section 736.0811, Florida Statutes, Enforcement and defense of claims.

“A trustee shall take reasonable steps to compel a former trustee or other person todeliver trust property to the trustee and, except as provided in s. 736.08125, to redress a

breach of trust known to the trustee to have been committed by a former trustee.” Section736.0812, Florida Statutes, Collecting trust property.

Validity of a notice of lis pendens is one year from filing. § 48.23(2), Fla. Stat. (2013).Plaintiff’s notice of lis pendens expired January 3, 2014.


4/27

12. On February 2, 2015 I Terminated the Gillespie Family Living Trust Agreement Dated

February 10, 1997 by Affidavit. Exhibit 1. My Affidavit shows:

1.

My name is Neil J. Gillespie. I am over eighteen years

of

age. This affidavit is given

on


2. I

am

sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,

1997 (hereinafter "Trust").

3. My Florida residential homestead property is the sole asset of the Trust, property

address 8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the

"property") where I have lived in the property continuously and uninterruptedly since

February 9, 2005, Tax IDNo. 7013-007-001, 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.

4. 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.

5. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I hereby

terminate 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 is zero. The Trust served its intended

purpose of transferring the property to the beneficiary without going through probate.

6. Pursuant to 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 insuff icient to justify the cost of

administration.

13. Because

of

the foregoing, I hereby certify, as former Trustee, F.S. Ch. 736 Part III,

of

the

terminated Gillespie Family Living Trust Agreement dated February 21 1997 there are no

unknown settlors beneficiaries, living

or

dead, of the Gillespie Family Living Trust Agreement

Dated February 10, 1997.

FURTHER AFFIANT SAYETH NOT.

4


5/27

Oti

The foregoing affidavit was sworn to before me upon oath, this day of January,

2016, by Neil J. Gillespie, who

is

personally known to me, or who has produced as

identification and states that he is the person who made this affidavit and that its contents are

truthful to the best of his knowledge, information and belief.

T ISH

MOR N

(SEAL)

OTARY

PUBlIC

NOTARY PUBLIC

ST TE

OF

FLORID

• • Com

FF011703

5 He Ste

et

Hero f

xpIres

412412 17

Print Name

of

Notary Public

My Commission Expires: L f / J / / ~ f : /

7

5


6/27

Termination of the Gillespie Family Living Trust Agreement Dated February 10 1997

STATE

OF

FLORIDA

)

DAVID R

EllSPERM NN CLERK & COMPTROLLER

MARION

co

) SS.:

DATE: 02 03 2015 11 :55:32 AM

COUNTY OF MARION

)

FILE

#:

2015009748 OR BK 6161 PGS 1844-1845

FFID VIT

REC FEES: $18.50 INDEX FEES: $0.00

DDS: $0 MDS: $0 INT:

0

BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly

sworn deposed upon oath as follows:

I.

My name is Neil J. Gillespie. I am over eighteen years

of

age. This affidavit is given

on


2. I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10

1997 (hereinafter "Trust").

\

\

oeZ=

My Florida residential homestead property is the sole asset of the Trust, property address

"

8092

SW

115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I

have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.

7013-007-00 I, legal description:

Lot(s) ], Block G, OAK

RUN

WOODSIDE TRACT, according

to

the Plat thereof as

recorded

in

Plat Book 2 at Page(s)

106

through I]2 inclusive

of

the Public Records

of

Marion County, Florida.

4.

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.

5. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I hereby

terminate 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 is zero. The Trust served its intended purpose of

transferring the property to the beneficiary without going through probate.

6. Pursuant to Fla. Stat.

§

736.0414 Modification or tenn ination of uneconomic trust. (1)

After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property

Book6161/Page1844

CFN#2015009748

Page 1 of 2

1


7/27

having a total value less than $50,000 may terminate the trust the trustee concludes that the

value o the trust. property

is

insufficient to justify the cost

o

administration.

FURTHER AFFIANT

SA

YETH

NOT,

The foregoing instrument was acknowledged before me, this 2nd day

o

February, 2015,

1=l--'bL

-

t i ~ u

SlD

o;tl

0

y

Neil J. Gillespie, who is personally known to me, or who has produced . as

. identification and· states that he is. the person who made this affidavit and that its c o ~ t e n t s are

truthful to the best

o

his knowledge, information and belief.

Notary Public State

of

Florida

(SEAL)

Angelica Cruz

My

Commission EE067986

Expires 02127 2015

~ ? J I s 2

Lr0L

NOTAR UBLIC

Print Na o Notary PublIc

My Commission Expires: 2 J ; ; J ; _ ~ = _._ _)5

2

Book6161 Page1845

CFN#2015009748

Page 2 of 2


8/27

ACCEPTANCE OF OFFICE BY CO-TRUSTEES

The undersigned Co-Trustees, PENELOPE M. GILLESPIE of8092

SW

115thLoop, Ocala,

Florida 34481, NEIL J GILLESPIE of8092 SW 11S

th

Loop, Ocala, Florida 34481, and MARK

J

GILLESPIE

of7504

Summer Meadows Drive, Fort Worth, Texas 76123-1979, being named as the

current Co-Trustees

of

that Trust

Agreement known as the GILLESPIE

F

AMIL

Y

LIVING TRUST

AGREEMENT dated February 10, 1997, as amended, hereby accept the positions

of

current Co-

Trustees pursuant to the terms and conditions of the above described documentation and agree to

perform all

of

the duties and obligations therein imposed.

Dated this

Jday

f _ - , - ~ _ ~ * ? . 5 - -

2006.

( - - ~ 1

t: ·

J: -.. t /

/: - "

"

/ l1\ _ ~ j - { d . / / c / . j ~ e / · J

PENELOPEM. GILLESPIE

/

8092 SW 115th Loop

Ocala, Florida 34481

Co-Trustee

~ \

A R Y B ~ ~ ~

. /1

/ ; / 4

f

-

s ~

NijLJ

GltLFSPIE/

~ 8 9 SW 115th Loop

Ocala, Florida 34481

/ Co-Trustee

MARYBETH BOWMAN

Witness

C ums N I ~

1

2


9/27

N O T R Y K N O ~ E D G M E N T

STATE OF FLORIDA

COUNTY OF CITRUS

I

HEREBY CERTIFY

that

on

this day, before me, an officer dilly authorized to take

acknowledgments, personally appeared PENELOPE M. GILLESPIE and NEIL J. GILLESPIE, to

me personally known to be the persons described in and who executed the foregoing instrument or

who provided

rL-

J:2

/

L . as identification

and they acknowledged before me that they executed the same. _

SJ

-WITNESS my hand and official seal in the County and State last aforesaid on this Q a y

of r b B C ~ ,2006.

-. ANGELA P

ARKER.--- .---

NOV

puBLIC

~

~ ~ ~ ~ ~

State

of

Florida at Large

... ; ~ . Y . f ' , 9 ; '

.a.NGELA PARKER

MY

COMMISSION

#

DO

235451

My Commission Expires: ( ~ i l ~

EXPIRES: January

21 2007

~ ~ ~ u ~ o ~ ~

N O T R Y K N O ~ E D G M E N T

STATE OF TEXAS

COUNTY OF t ; L - V J ~

I HEREBY CERTIFY

that

on this day, before me, an officer

du1y

authorized to take

acknowledgments, personally appeared MARK J.

GILLESPIE, to me personally known to be the

person described in and who,

~ x e c u t e d

the foregoing instrument or who provided

•... 1:- ./ l L ~ iLiA':

V J

r I ~ e

:;-2 1.. .> as

identification and he

acknowledged before me that he executed the same.

WITNESS

my hand and official seal

in

the County and State last aforesaid on this _1_ day

of 7')',0.... (I.f ,

2006. ; /)

HL/-jJ[t

v

i

t r O / y - . ~

NOTARY PUBLIC

State

of Texas

at Large

My Commission Expires:

2

SYLVIA BURTRAM

Notary

Public State

of Texas

My Commission ExpIres

August 01. 2007


10/27

Electronically Filed

07 08 2013

07:33:04

PM

ET

IN THE CIRCUIT COURT OF THE

FIFTH JUDICIAL CIRCUIT OF

FLORIDA

IN AND MARION COUNTY

GENERAL JURISDICTION DMSION

REVERSE MORTGAGE SOLUTIONS, INC., Case No.:

2013·CA-OOOl15

Plaintiff,

v

MARK GILLESPIE, et

a1.

Defendants.

NOTICE OF DEFENDANTS' CoNSENT TO .JUDGMENT

Defendants, MARK GILLESPIE and

JOETI

A GILLESPIE AKA UNKNOWN SPOUSE

OF MARK GllLESPIE and ELIZABETH BAUERLE NKA ELIZABETH BIDGOOD

(hereinafter, the Defendants ), file this Notice of Defendant's Consent to Judgment:

1. The Defendants,

MARK GILLESPIE and JOETIA GILLESPIE AKA

UNKNOWN

SPOUSE

OF MARK GILLESPIE and EUZABETH

BAUERLE

NKA

EUZABETH

BIDGOOD, have been named as Defendants in this action.

2. Plaintiff

is

seeking to recover the property located at 8 92 SW 115th Loop,

Ocala FL

34481 based on

an

event

of

default under

the

terms

of

the Adjustable Rate Note

(Home Equity Conversion) aIkIa reverse mortgage .

3. Because this is a reverse mortgage, the Defendants have

no

fmancial liability

under the tenns of the subject loan. See paragraph 7(a) of the Note and 9(a)

of

the Mortgage.

4. Defendants do not wish to contest entry of final judgment against Defendants.

5. The Defendants desire swift resolution to this action so they hereby give consent

to having Judgment entered in favor of the Plain tiff in this action.

KEL File #13LAW34876

3


11/27

CERTWICATEOFSERVICE

I

HERE Y

CERTIFY

that I have electronically filed via the

Florida

Courts eFiling

Portal and furnished a true and correct copy of the foregoing to Angela

M.

Brenwald, Esquire, of

McCalla Raymer LLC, 225

E.

Robinson St., Orlando,

FL

32801,

[email protected]; via [xl Email Delivery, today July 5 2013.

KAUFMAN,

ENGLETT

&

L

YND,

PLLC

ls

Anthony J. Solomon

Anthony J. Solomon , Esq.

Rorida Bar No. 93057

N Magnolia Avenue, Suite 1600

Orlando,

FL

32801

Telephone No.: (407) 513-1900

Primary Email: [email protected]

Secondary Email: [email protected]

Attorney for Defendants: MARK GILLESPIE and

JOETTA GILLESPIE AKA UNKNOWN SPOUSE OF

MARK GILLESPIE

KEL File 13LAW34876


12/27

RESIGN TION

AS

TRUSTEE TO THE GILLESPIE F MILY LIVING TRUST

GREEMENT D TED FEBRU RY

10, 1997

I, MARK

J. GILLESPIE, Co-Trustee

of

the GILLESPIE FAMILY LIVING TRUST

AGREEMENT DATED FEBRUARY 10,1997 , ( Trust ) do hereby resign as Trustee.

I. As provided by Article X, Trustees Resignation, I deliver this statement and inventory:

n

Statement

of

receipts and disbursements

of

the Trust: NONE

ID. Inventory

of

assets belonging to the Trust: The only asset belonging to the Trust

is

real

property located at 8092 SW 115th Loop, Ocala, Florida 34481, Marion County, the primary

residence and Florida homestead

of

my brother and co-trustee Neil J. Gillespie, who resided in

the property continuously and uninterruptedly since February

9

2005. 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. Property address: 8092 SW 115th Loop, Ocala, FL 34481

IV.

The Marion County RE tax bill shows $74,730 for the property's market value. The taxes

are paid. A

Home Equity Conversion Mortgage

or HECM reverse mortgage on the property,

is

in foreclosure by Reverse Mortgage Solutions, Inc. (RMS) for Bank

of

America. The Annual

RMS (2013) Disclosure Notice to Mortgagor Regarding Prepayment shows $119,812.04

outstanding on the loan through

of

02/25/2014. The property

is

underwater by $45,082.

Bank

of

America, N.A. (BofA) reverse mortgage Account No.: 68011002615899

Reverse Mortgage Solutions, Inc. (RMS) Loan Number: 68011002615899

Federal Housing Authority (FHA) Case Number: 091-4405741

V. I gave consent to judgment in the foreclosure action, Reverse Mortgage Solutions Inc. v.

Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust, et aI.,

Fifth Judicial Circuit, Marion County Florida, Case 2013-CA-OOOl15. Anthony

J. Solomon, Esq.

of

Kaufman, Englett and Lynd, PLLC (KEL), filed Notice

of

Consent to Judgment July

8

2013

for Defendants Mark Gillespie, Joetta Gillespie (f.k.a. unknown spouse) and Elizabeth Bauerle,

now known as Elizabeth Bidgood. A copy

of

Notice is attached, and states,

4


13/27

1.

The Defendants,

MARK

GILLESPIE

and JOETTA GILLESPIE AKA UNKNOWN

SPOUSE

OF

MARK GILLESPIE and

ELIZABETH BAUERLE

NKA EliZABETH

BIDGOOD, have been

named as

Defendants in this action.

2. Plaintiff is seeking to recover

the

property located at 8092 SW 115th Loop, Ocala, FL

34481 based

on an

"event

of

default" under the terms

of

the Adjustable

Rate

Note Home

Equity Conversion) a/k/a "reverse mortgage".

3.

Because this is a reverse mortgage,

the

Defendants have no financial liability under

the

terms of the subject loan.

See

paragraph 7(a) of

the Note and

9(a) of

the

Mortgage.


5. The Defendants desire swift resolution to this action so they hereby give consent to

having Judgment entered in favor of the Plaintiff in this action.

VI. Consent to

judgment

resolved

my

interest in

the

property,

and

resolved the interest

of

the

other Defendants. There

are

no present income beneficiaries,

or

beneficiaries entitled

to

any

distributions. Co-trustee Neil

J.

Gillespie

was named and

agreed to accept office

as

sole trustee.

VII.

Article XI provides for Exoneration from

Duty

to Audit.

WHEREFORE, my

resignation is effective immediately, this / day

of

June, 2014.

STATE

OF TEXAS

COUNTY OF TARRANT

J ~ e T l C J L Gilles

Before me the undersigned authority personally appeared MARK

J.

GILLESPIE,

as

Co-

Trustee, to

me and who

has produced Texas Driver

License

as identification,

to

be

the

person

described in

the above

RESIGNA

nON

AS

TRUSTEE OF

THE GILLESPIE FAMILY

LIVING

TRUST

AGREEMENT DATED FEBRUARY 10, 1997,

and

who after being duly

sworn, acknowledges

the

execution

of

the

above

for

the

purposes therein expressed.

Witness

my

hand

and

official seal this l1..- day

of

June, 2014

lOW

e

= = I

....... 5

S

otary PublIC

2


14/27


07 08 2013

07:33:04

PM

ET



FLORIDA




2013·CA-OOOl15

Plaintiff,

v

MARK GILLESPIE, et

a1.

Defendants.



JOETI




1. The Defendants,


UNKNOWN

SPOUSE


BAUERLE

NKA

EUZABETH


2. Plaintiff

is


Ocala FL

34481 based on

an

event

of

default under

the

terms

of




no

fmancial liability


of

the Mortgage.






15/27

CERTWICATEOFSERVICE

I

HERE Y

CERTIFY


Florida

Courts eFiling


M.



E.


FL

32801,


KAUFMAN,

ENGLETT

&

L

YND,

PLLC

ls

Anthony J. Solomon




Orlando,

FL

32801

Telephone No.: (407) 513-1900





MARK GILLESPIE

KEL File 13LAW34876


16/27

ACCEPTANCE

OF OFFICE

BY

SOLE TRUSTEE

The undersigned sole Trustee, NEIL J. GILLESPIE of 8092

SW

115th Loop, Ocala,

Florida 34481, being named as the sole Trustee of that Trust Agreement known as the GILLESPIE

FAMILY LIVING TRUST AGREEMENT dated February 10, 1997, hereby accepts the position of

sole Trustee pursuant to the terms and conditions

of

the above described documentation and agrees

to perform all of the duties and obligations therein in1posed. Said sole Trustee assumes this office

due to the resignation

of

Successor Co-Trustee,

MARK

J. GILLESPIE

on

June

12 2014

as evidenced

by

the executed and notarized Resignation as Trustee document which is attached

and incorporated hereto

by

reference. Effective on June

24 2014.

-

Witness: K ~ f h e r i

I.e

.5 e.vens

Witness:

Ore

;

\;

c.L

P . . . o s e Y \ l o r ~ R v

STATE OF FLORIDA

COUNTY OF MARION

Before me the undersigned authority personally appeared NEIL J. GILLESPIE, as Sole

Trustee, known to me or who has produced a Florida Driver License as identification, to be the

person described in the above ACCEPTANCE OF OFFICE AS SOLE

TRUSTEE OF THE

GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997, and

who after being duly sworn, acknowledges the execution

of

the above for the purposes therein

expressed.

Witness

my

hand and official seal this 3rd day

of

July, 2014

Notary Public

t ~ \ \ \ ~ CeCILIA

ROSENBERGER

~ ~

•.\ Commission EE 191610

Expires June

6. 2016

~ R f . . , \ \ Bonded hru

Troy

Fain Inannce 800 385 7019

5


17/27

RESIGN TION

AS

TRUSTEE TO THE GILLESPIE F MILY LIVING TRUST

GREEMENT D TED FEBRU RY

10, 1997

I, MARK

J. GILLESPIE, Co-Trustee

of

the GILLESPIE FAMILY LIVING TRUST

AGREEMENT DATED FEBRUARY 10,1997 , ( Trust ) do hereby resign as Trustee.

I. As provided by Article X, Trustees Resignation, I deliver this statement and inventory:

n

Statement

of

receipts and disbursements

of

the Trust: NONE

ID. Inventory

of

assets belonging to the Trust: The only asset belonging to the Trust

is

real

property located at 8092 SW 115th Loop, Ocala, Florida 34481, Marion County, the primary

residence and Florida homestead

of

my brother and co-trustee Neil J. Gillespie, who resided in

the property continuously and uninterruptedly since February

9

2005. 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. Property address: 8092 SW 115th Loop, Ocala, FL 34481

IV.

The Marion County RE tax bill shows $74,730 for the property's market value. The taxes

are paid. A

Home Equity Conversion Mortgage

or HECM reverse mortgage on the property,

is

in foreclosure by Reverse Mortgage Solutions, Inc. (RMS) for Bank

of

America. The Annual

RMS (2013) Disclosure Notice to Mortgagor Regarding Prepayment shows $119,812.04

outstanding on the loan through

of

02/25/2014. The property

is

underwater by $45,082.

Bank

of

America, N.A. (BofA) reverse mortgage Account No.: 68011002615899

Reverse Mortgage Solutions, Inc. (RMS) Loan Number: 68011002615899

Federal Housing Authority (FHA) Case Number: 091-4405741

V. I gave consent to judgment in the foreclosure action, Reverse Mortgage Solutions Inc. v.

Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust, et aI.,

Fifth Judicial Circuit, Marion County Florida, Case 2013-CA-OOOl15. Anthony

J. Solomon, Esq.

of

Kaufman, Englett and Lynd, PLLC (KEL), filed Notice

of

Consent to Judgment July

8

2013

for Defendants Mark Gillespie, Joetta Gillespie (f.k.a. unknown spouse) and Elizabeth Bauerle,

now known as Elizabeth Bidgood. A copy

of

Notice is attached, and states,


18/27

1.

The Defendants,

MARK

GILLESPIE

and JOETTA GILLESPIE AKA UNKNOWN

SPOUSE

OF

MARK GILLESPIE and

ELIZABETH BAUERLE

NKA EliZABETH

BIDGOOD, have been

named as

Defendants in this action.

2. Plaintiff is seeking to recover

the

property located at 8092 SW 115th Loop, Ocala, FL

34481 based

on an

"event

of

default" under the terms

of

the Adjustable

Rate

Note Home

Equity Conversion) a/k/a "reverse mortgage".

3.

Because this is a reverse mortgage,

the

Defendants have no financial liability under

the

terms of the subject loan.

See

paragraph 7(a) of

the Note and

9(a) of

the

Mortgage.


5. The Defendants desire swift resolution to this action so they hereby give consent to

having Judgment entered in favor of the Plaintiff in this action.

VI. Consent to

judgment

resolved

my

interest in

the

property,

and

resolved the interest

of

the

other Defendants. There

are

no present income beneficiaries,

or

beneficiaries entitled

to

any

distributions. Co-trustee Neil

J.

Gillespie

was named and

agreed to accept office

as

sole trustee.

VII.

Article XI provides for Exoneration from

Duty

to Audit.

WHEREFORE, my

resignation is effective immediately, this / day

of

June, 2014.

STATE

OF TEXAS

COUNTY OF TARRANT

J ~ e T l C J L Gilles

Before me the undersigned authority personally appeared MARK

J.

GILLESPIE,

as

Co-

Trustee, to

me and who

has produced Texas Driver

License

as identification,

to

be

the

person

described in

the above

RESIGNA

nON

AS

TRUSTEE OF

THE GILLESPIE FAMILY

LIVING

TRUST

AGREEMENT DATED FEBRUARY 10, 1997,

and

who after being duly

sworn, acknowledges

the

execution

of

the

above

for

the

purposes therein expressed.

Witness

my

hand

and

official seal this l1..- day

of

June, 2014

lOW

e

= = I

....... 5

S

otary PublIC

2


19/27


07 08 2013

07:33:04

PM

ET



FLORIDA




2013·CA-OOOl15

Plaintiff,

v

MARK GILLESPIE, et

a1.

Defendants.



JOETI




1. The Defendants,


UNKNOWN

SPOUSE


BAUERLE

NKA

EUZABETH


2. Plaintiff

is


Ocala FL

34481 based on

an

event

of

default under

the

terms

of




no

fmancial liability


of

the Mortgage.






20/27

CERTWICATEOFSERVICE

I

HERE Y

CERTIFY


Florida

Courts eFiling


M.



E.


FL

32801,


KAUFMAN,

ENGLETT

&

L

YND,

PLLC

ls

Anthony J. Solomon




Orlando,

FL

32801

Telephone No.: (407) 513-1900





MARK GILLESPIE

KEL File 13LAW34876


21/27

I.

' i

:

GO IN

THECIRCUITCOURTFOR

IN

RE:ESTATEOF

\

j ~ ~ \

2.4 \ , MARIONCOUNTY,FLORIDA

" r ~ t. ',i'\' :

;

PROBATEDIVISION

PENELOPEM.

G I L L ~ ; P I E 9 -

h n\i i

~ : .

i-

T\ ' ' '

f \ ( 1

Decea gj. r \nt

C. I

FileNo.:

O lLt Cf lObO

,

NOTICEOFTRUST

PENELOPEM.GILLESPIE,aresident

of

MarionCounty,Florida,whodiedon September

16,2009,wastheGrantor

of

atrustentitled:GillespieFamilyLivingTrustAgreementdated

February10,1997,which isatrustdescribedinF.S.§733.707(3),and

is

liablefortheexpenses

of

the administrationof the decedent's estate and enforceable claims

of

the decedent'screditors to the

extentthedecedent'sestateisinsufficienttopaythem,asprovidedinF.S.§733.607(2).

I. Theclerkshallfileandindexthisnoticeoftrust

in

thesamemannerasacaveat,unlessthere

existsaprobateproceedingfortheGrantor'sestateinwhichcasethisnoticeof trustmustbe

filedintheprobateproceedingandtheclerkshallsendacopytothepersonal representative.

2. I am Neil J. Gillespie, the personal representative as defined by F.S.§ 198.0I(2),of the Estate

of PenelopeM.Gillespie.Idepositedthedecedent'sLast Will

nd

Testament anddeath

certificate,withtheClerk,MarionCountyFlorida,FileNo.42-0000-WF-022452-AXXX-XX.

3. Thedecedent'sWilldeclaresmeasoneof threechildrenin thethirdparagraph.

4. Thedecedent'sWillappointsmePersonalRepresentativein theseventhparagraph,andstates,

"I givetomyPersonalRepresentativeatanytimeactinghereunder,fullpowerandauthorityto

doallactswhichImightor coulddo

if

living,includingauthoritytosellwithoutorder

of

court

anyrealor personalpropertybelongingtomyestateandtosettleandcompoundanyclaims,

eitherinfavorof or againstmy estate,astohimlhershallseembestforthepurposeaforesaid,to

executeanyandallproperandnecessarydeeds,conveyances,receiptsandacquittances."

5.

IherebyfileAffidavit

of

NoFloridaEstate

Due,whichisattached.

6. Thedecedentonly leftpersonalpropertyexemptasprovidedbyF.S.§732.402(2).

7. BruceMorrealeofH&R Blockpreparedthedecedent'sfinalfederaltaxreturnform I040A.

8.

MarkGillespiepaidthefuneralbillSeptember18,2009;filedthedecedent'sfinalfederaltax

returnApril10,20 I0;andpaidthefinaltaxesowedtotheInternalRevenueService.

9. All enforceable claims

of

the decedent's creditors have been paid. There are no assets

of

the

decedentlefttotransfer.TheTrustavoidedprobateofthe estate.Thereisnoreasontoopen

administrationof theestate.NoLettersTestamentaryareneeded,andnonewillbe obtained.

10. My homestead is the sole asset

of

the Trust.My notice

of

homestead is attached.

II. IamthesoleTrusteeof theTrust.Mynameandaddressappearbelow.Iamnotalawyer.

SignedonJune24,2014

Telephone:352-854-7807

Email:[email protected]

6


22/27

DR-312

Affidavit of

NoFloridaEstateTaxDue

II

II

R.08/13

Rule12C-3.008

FloridaAdministrativeCode

DEPARTMENT

OF

REVENUE

Forofficialuseonl

Florida Marion

Stateof _

County of _

NeilJ. Gillespie

t h e u n d e r ~ g n e d

d o h e ~ b y ~ ~ e

(printnameof personalrepresentative)

1.

Iamthepersonalrepresentativeasdefined in section198.01

or

section731.201,FloridaStatutes,asthecase

maybe,of theestateof _P_e_n_e_lo_p_e_M_G_iII_e_s_pi_e _

09

16

09

(printname

of

decedent)

2. Thedecedentreferencedabovediedon / / ,andwasdomiciled(asdefined ins. 198.015,ES.)at

(dateof death)

thetime

of

deathinthestateof

_F_lo_ri_da

_

Ondate

of

death,thedecedentwas(checkone):

Cd

a

U.S.

citizen

0

not aU.S.citizen

3. Afederalestate

tax

return(federalForm706or 706-NA)isnotrequiredto

be

filedfor theestate.

4. Theestatedoes

not

oweFloridaestatetaxpursuant

to

Chapter198,

5.

Iacknowledgepersonalliabilityfordistributionin wholeor

in

partof any

of

theestate

by

havingobtainedrelease

of

suchpropertyfromthelienof theFloridaestatetax.

Underpenalties

of

perjury,

I

declarethat

I

havereadthisAffidavitandthefactsstatedinitaretrue.Thisdeclarationis

basedonallinformationof whichthepersonalrepresentativehasanyknowledge [55. 92.525(1)(b);213.37;837.06, ES.].

Executedthis .20

..-1 -/-1---

_. l- day of

:IV,,

e:.

NeilJ. Gillespie

Printname _

Telephonenumber

3 -854-7807

_

8092SW115thLoop Ocala,Florida

34481

Mailingaddress _ City/StatelZlP _

Florida Marion

Stateof _

Countyof _

Swornto(oraffirmed)andsubscribedbeforemeby

NL J

-:i,

G ~ / { e 5 : p ; e

On this

,20 f ~

t n,f) n

Signatureof o t a r y _ ~ i:t-f-+- _

IJ'J.' CECILIAROSENBERGER

: : ~ ~ Commission#

EE191610

(Check

one)

i

:

ExpiresJune6,

2016

..

Bonded

Thru

Troy Fain

lnuance

800-385-7018

~ Personallyknown

Q Orproducedidentification

Type

of

identificationproduced _

Print,type,or stampnameof NotaryPublic

Filethisform

with

the appropriateclerk of the court. Donot mailto

the

FloridaDepartment of Revenue


23/27

R.08/13

DR-312

Page 2

Instructions

for Completing Form DR-312

File

this form with the

appropriate

clerk of

the court. Do

not

mail to

the

Florida

Department of

Revenue.

General

Information Federal

thresholds for

filing

federal Form

706 only:

If Florida estate tax is not due and a federal estate tax

(For informational purposes only. Please confirm with

return (federal Form 706 or 706-NA) is not required

to

Form 706 instructions.)

be filed, the personal representatives of such estates

should complete Florida Form DR-312, Affidavit

o

No Florida Estate ax Due Note that 'the definition

of

personal representative in Chapter 198 F:.S.

includes any person who

is

in actual

or

constructive

possession. Therefore, this affidavit may be used by

persons in possession

of any

property included in

the decedent's gross estate.

Form DR-312 is admissible as evidence of nonliability

for Florida estate tax and will remove the Department's

estate tax lien. The Florida Department of Revenue will

no longer issue

Nontaxable Certificates

for estates for

2000 and 2001 $675,000

2002 and 2003 $1,000,000

2004 and 2005

$1,500,000

For 2006 and forward

go to the IRS website at

www.irs.gov

to

obtain

thresholds.

which the DR-312 has been duly filed and no federal

Form 706 or 70S-NA is due.

For thresholds for filing federal Form 706-NA

(nonresident alien decedent), contact your local Internal

The 3-inch by 3-inch space in the upper right corner of

Revenue Service office.

the form is for the exclusive use of the clerk of the court.

Do not write, mark,

or

stamp in that space.

If an administration proceeding is pending for an estate,

Form DR-312 may be filed in that proceeding. The case

Where to File Form DR-312

style of the proceeding should be added in the large

Form DR-312 must be recorded direct ly with the clerk

blank space in the upper left portion

of

the DR-312.

of the circuit court in the county

or

counties where the

Form DR-312 should be filed with the clerk of the court

decedent owned property. Do not

send this form to the

and duly recorded in the public records

of

the county or

Florida Department

of

Revenue.

counties where the decedent owned property.

When

to

Use Form DR-312

Form DR-312 should be used when an estate is not

subject to Florida estate tax under Chapter 198, ES.,

and a federal estate tax return (federal Form 706 or 706

NA is not required to be filed.

NOTE:

This form may

NOT

be used for estates that are required

to

file federal

form 706 or 706A.

To Contact

Us

Information, forms, and tutorials are available on our Internet site: www.myflorida.com/dor

To speak with a Department representative, call Taxpayer Services, Monday through Friday, 8 a.m. to 7 p.m., ET, at

800-352-3671 .

To find a

taxpayer service

center near you, go to:

www.myflorida.com/dor/contact.html

For written replies to

tax

questions,

write to:

Taxpayer Services - Mail Stop 3-2000

Florida Department of Revenue

5050 W Tennessee St

Tallahassee FL 32399-0112

Reference Material

Rule Chapter 12C-3, Florida Administrative Code and Chapter 198, Florida Statutes.

Tax

statutes and rules are available

online at:

www.myflorida.com/dorllaw


24/27

·......_

...

-.. ...-

..

---.-.

DAVID R EUSPERMANN CLERK OF COURT MARION COUNTY

DATE:

02107 2013

03:02:21 PM

FILE : 2013013720 OR BK 05807 PG 1396

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

Public Records of Marion County, Florida.

Property address: 8092

SW 115th Loop, Ocala, FL 3448

The undersigned certifies, under oath, that he or she has applied for and received the homestead

tax exemption

as to

the above-described property, that 7013-007-001 is the tax identification

parcel nunlber of this property, and that the undersigned has resided on this property

continuously and uninterruptedly from February

9,

2005 to the date

of

this Notice of Homestead.

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

.4'ft::."..

CECIUA ROSENBERGER

W

S ·J

ConmissIon

#

EE

191610

• • ;

ExpiresJLN 6. 2016

.

8 D n 1 1 d 1 1 l V _ ~ - -

Book5807/Page1396

CFN#2013013720

Page 1

o

1


25/27

PROBATE DIVISION

OFFICE OF DAVID

R

ELLSPERMANN-CLERK OF THE CIRCUIT COURT

RECEIPT

:

P 000080959

RECEIVED OF: GILLESPIE NEIL JOSEPH

PART. ID: 1406736

BY CLERK: BEWLEY CHRISTINE M

CHECKS:

DATE: 06-24-2014 TIME: 16:03:45

MEMO: EST OF GILLESPIE PENELOPE

CASH

$45.00

CREDIT

$0.00

CHANGE

$4.00

OTHER

$0.00

CASE NUMBER

EVENT COURT/JUDGE TAX NO. AMOUNT

42-2014-CP-001060-AXXX-XX

EST

OF

GILLESPIE PENELOPE M

PARTY: GILLESPIE PENELOPE MARIE

162 FF: NOTICE OF TRUST

SSR S SUE ROBBINS

TOTAL RECEIPT...

$41.00

$41.00

DAVID R ELLSPERMANN, CLERK

By D.C.


26/27

Case Number :

File Date:

Judge:

Website Home | Case Search Page | Case Search Help |Case Type Tables

back to search page

CASE INFORMATION

42-2014-CP-001060-AXXX-XX06/24/2014S SUE ROBBINS

Decedent : GILLESPIE PENELOPE MARIE (DOB: 1930) AKA : GILLESPIE PENELOPE

Trustee : GILLESPIE NEIL JOSEPH (DOB: 1956)

DocketsDate Event Count Party Amount

06/24/2014CLERKS MEMO OFRELATED CASES

$0.00

00WF22452 - WILL FILE ONLY

06/24/2014 NOTICE OF TRUST $0.00

NOTICE OF TRUST WITH ATTACHMENTS

06/24/2014PETITION/COMPLAINTNO DOC#

$0.00

NOTICE OF TRUST WITH ATTACHMENTS

06/24/2014ASM: NOTICE OFTRUST

GILLESPIE PENELOPEMARIE

$41.00

Payments

Date Receipt # Event Party Amount

06/24/2014 P-80959 FF: NOTICE OF TRUSTGILLESPIE PENELOPEMARIE

$41.00

* bold records have been voided

www.MarionCountyClerk.org

s://casesearch.marioncountyclerk.org/index.cfm?FuseAction=Home.CaseView&Case_id=1672969&CFID=54328&CFTOKEN=cb4201e31


27/27

Fort Worth,

Texas

76123

111111111111111

n

II

DAVID R ELLSPERMANN CLERK & COMPTROlLER MARION O

DATE: 07/09/2014 04:27:26

PM

This Quit-Claim Deed, Executed this day of

FILE : 20.14064751 OR BK

6 65

Pg 1251

ry ~ \ , . I ; t

between Mark Gillespie,

REC FEES: $10.00 INDEX FEES: $0.00

resigned Successor Co-Trustee

of

the Gillespie F

amity

DOS: 0.70 MDS: OINT: 0

Living Trust Agreement

dated

February 10, 1997,

Address: 7504 Summer Meadows Drive, Fort Worth,

Texas

76123

Party

of

the Fir st Part.

To:

Neil

J

Gillespie, Sole Trustee of the Gillespie Family

Living

Trust

Agreement dated February 10, 1997'

Address: 8092 SW 115th Loop, Ocala, Florida 34481

Party

of the

Second

Part

Witnessed, That the

said

first party, for

no

consideration, does hereby remise, release and quit

claim unto the said second party forever, all the right, title, interest, claim and demand which the

said first party has

in and to the

following described lot,

piece

or parcel

of

land, situate, lying

and

being in the County of Marion State of Florida, to

wit

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.

COUNTY

OF

MARION

STATE OF

FLORIDA

A.P.N.7013007oo1

To Have and

to

Hold

the same

together with all

and

singular

the

appurtenances thereunto

belonging or in

anywise

appertaining,

and

all

the

estate, right, title, interest, lien, equity

and

claim whatsoever

of the said

first party, either in

law

or equity, to

the only proper

use, benefit

and behoof of the said second party forever.

In Witness Whereof, The said first party has s igned and sealed

these

presents

the

day

and

year

first above written. Signed, Sealed and Delivered in Presence of:

Wi

Witness Signature

Witness Print

Mark Gillespie

STATE OF TEXAS

7504 Summer Meadows

County of Tarrant

I HEREBY

CERTIFY

that on this day, before me, an officer duly authorized in the State

aforesaid and in

the

County aforesaid to take acknowledgments, personally appeared

Mark Gillespie

me

known to be the person described in or

who

identified

himlherselfby

means

of

W O ~ ; t : 1 and

who

executed

the

foregoing instrument

and

acknowledged

before

me

that

he

executed the same.

WITNESS my

hand and official seal

in

the County and State last aforesaid this

day of

J

Uk¥

' 2014

OIMJ

IWUC

r.'tef''fIZr.l

[ ~ ~

NotAry

Nti/:J

C I I ~ ~ f I e . -

e

_

~ 9

~ S //6 7t f J

OC Jt

L

3 1 t ~ 1

affidavit of njg, no unknown trust settlors beneficiaries

Documents