IN RE: UNKNOWN SETTLORS BENEFICIARIES OF THE GILLESPIE

FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997

STATE OF FLORIDA
COUNTY OF MARION

)
) SS.:
)

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

to Elizabeth Bauerle, n.k.a. Elizabeth Bidgood. As a Successor Trustee, I concluded the

unpaid balance on Bank of America N.A. loan #701159906 of $34,169.34, when
deducted from any share to be given to Elizabeth Bauerle, negated any amount due
Elizabeth 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 Elizabeth
Bauerle, 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 on
September 16, 2009, was the Grantor of a trust entitled: Gillespie Family Living Trust
Agreement 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 decedents estate and enforceable
claims of the decedents creditors to the extent the decedents estate is insufficient to pay
them, 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, unless
there exists a probate proceeding for the Grantor's estate in which case this notice of trust
must be filed in the probate proceeding and the clerk shall send a copy to the personal
representative.
2. I am Neil J. Gillespie, the personal representative as defined by F.S. 198.01(2), of the
Estate of Penelope M. Gillespie. I deposited the decedents Last Will and Testament, and
death certificate, with the Clerk, Marion County Florida, File No. 42-0000-WF-022452AXXX-XX.
3. The decedents Will declares me as one of three children in the third paragraph.
4. The decedents 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 sell
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.

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 decedents final
federal tax return April 10, 2010; and paid the final taxes owed to the Internal Revenue
Service.
9. All enforceable claims of the decedent's creditors have been paid. There are no assets of the
decedent left to transfer. The Trust avoided probate of the estate. There is no reason to open
administration 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 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.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 claims
against 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 to
deliver 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. Section
736.0812, Florida Statutes, Collecting trust property.
Validity of a notice of lis pendens is one year from filing. 48.23(2), Fla. Stat. (2013).
Plaintiffs notice of lis pendens expired January 3, 2014.

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 personal knowledge unless otherwise expressly stated.
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 insufficient 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.

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

Oti:L
0

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.

~~~

TAISHA MORAN

(SEAL)

NOTARY PUBlIC

NOTARY PUBLIC

STATE OF FLORIDA
Com"" FF011703

111
/5 He. Ste et Hero f)
Print Name of Notary Public

ExpIres 412412017

My Commission Expires:

Lf/J,//~f:)/ 7

Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997
STATE OF FLORIDA
COUNTY OF MARION

1111111111111111111111111111111111111111

)
) SS.:
)

DAVID R EllSPERMANN CLERK & COMPTROLLER MARION

AFFIDAVIT

co

DATE: 02/03/2015 11 :55:32 AM

FILE #: 2015009748 OR BK 6161 PGS 1844-1845
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

personal knowledge unless otherwise expressly stated.

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

1
Book6161/Page1844

CFN#2015009748

Page 1 of 2

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.
FURTHER AFFIANT SA YETH NOT,

The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
1=l--'bL

ti~u II~O SlD o;tl 0

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 co~tents are
truthful to the best of his knowledge, information and belief.

(SEAL)

Notary Public State of Florida

Angelica Cruz

NOTAR

My Commission EE067986
Expires 02127/2015

UBLIC

~(?JI(s2.
Lr0L
Print Na of Notary PublIc

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

Book6161/Page1845

CFN#2015009748

Page 2 of 2

ACCEPTANCE OF OFFICE BY CO-TRUSTEES

The undersigned Co-Trustees, PENELOPE M. GILLESPIE of8092 SW 115th Loop, Ocala,

Florida 34481, NEIL J. GILLESPIE of8092 SW 11Sth Loop, Ocala, Florida 34481, and MARK J.
GILLESPIE of7504 Summer Meadows Drive, Fort Worth, Texas 76123-1979, being named as the

current Co-Trustees ofthat Trust Agreement known as the GILLESPIE FAMILY LIVING TRUST
AGREEMENT dated February 10, 1997, as amended, hereby accept the positions of current CoTrustees 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 ,;~ I Jday of_-,-~_"~*?.5--'2006.

("--'~'1
"

t:"

/-l1\ f'_~j-{d'

J:'-..
//

t'/

PENELOPEM. GILLESPIE
8092 SW 115th Loop
Ocala, Florida 34481
Co-Trustee

MARYB~~~

s~
/

~-\

/: -

"

/'.//c/.j~e'/-''-'-J

./

/1 /;/.4 f/ .

/~~~
NijLJ. GltLFSPIE/
~

~8092

SW 115th Loop
Ocala, Florida 34481
Co-Trustee

/ ' /~~

V~

MARYBETH BOWMAN

Witness

C.ums

$NI~
1

NOTARYACKNO~EDGMENT

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

rL-

J:2/

who provided
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 ~Qay
of J-r b(()BC~ ,2006.

~~~
'-. ANGELA PARKER.--- .---

puBLIC
~-~...~.. ".~"~~~'!!!!!!!!'!~~
State of Florida at Large ...-;~.Y.f!',9;'"
.a.NGELA PARKER
MY COMMISSION # DO 235451
My Commission Expires:
EXPIRES: January 21,2007

NOV

(~il~

~~~;;;;;u;;~;;;;:;;:o;;~~

NOTARYACKNO~EDGMENT

STATE OF TEXAS
COUNTY OF

" (t;L-VJ~

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, ~xecuted the foregoing instrument or who provided
...'1:-'./ lL-~
iLiA': ~CVJ rI~1. 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[tv

i ~trO/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

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.:

2013CA-OOOl15

Plaintiff,

v.
MARK GILLESPIE, et a1.,
Defendants.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _~I
NOTICE OF DEFENDANTS' CoNSENT TO .JUDGMENT
Defendants, MARK GILLESPIE and JOETIA 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 8092 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 Plaintiff in this action.

KEL File #13LAW34876

CERTWICATEOFSERVICE
I HEREBY 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,

mrservice@mccallaraymer.com; via [xl Email Delivery, today July 5, 2013.

KAUFMAN, ENGLETT & L YND, PLLC

lsi Anthony J. Solomon

Anthony J. Solomon , Esq.
Rorida Bar No. 93057
111 N. Magnolia Avenue, Suite 1600
Orlando, FL 32801
Telephone No.: (407) 513-1900
Primary Email: asolomon@kelattomeys.com
Secondary Email: KELinbox@kelattomeys.com
Attorney for Defendants:
MARK GILLESPIE and
JOETTA GILLESPIE AKA UNKNOWN SPOUSE OF
MARK GILLESPIE

KEL File #13LAW34876

RESIGNATION AS TRUSTEE TO THE GILLESPIE FAMILY LIVING TRUST

AGREEMENT DATED FEBRUARY 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,

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.
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 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.

~~
J~eTlCJ.- L,

Gilles ~;f.

STATE OF TEXAS
COUNTY OF TARRANT
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 RESIGNAnON 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

='=
e ........,5

lOW!

l1..-

A
~ ~~

day of June, 2014

Notary PublIC

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.:

2013CA-OOOl15

Plaintiff,

v.
MARK GILLESPIE, et a1.,
Defendants.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _~I
NOTICE OF DEFENDANTS' CoNSENT TO .JUDGMENT
Defendants, MARK GILLESPIE and JOETIA 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 8092 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 Plaintiff in this action.

KEL File #13LAW34876

CERTWICATEOFSERVICE
I HEREBY 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,

mrservice@mccallaraymer.com; via [xl Email Delivery, today July 5, 2013.

KAUFMAN, ENGLETT & L YND, PLLC

lsi Anthony J. Solomon

Anthony J. Solomon , Esq.
Rorida Bar No. 93057
111 N. Magnolia Avenue, Suite 1600
Orlando, FL 32801
Telephone No.: (407) 513-1900
Primary Email: asolomon@kelattomeys.com
Secondary Email: KELinbox@kelattomeys.com
Attorney for Defendants:
MARK GILLESPIE and
JOETTA GILLESPIE AKA UNKNOWN SPOUSE OF
MARK GILLESPIE

KEL File #13LAW34876

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~fheri(I.e A..5!e.vens

c~~~~
Witness:

Ore. (; \; c.L

P...oseY\lo('r~Rv

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

.t"~\\\'~" CeCILIA ROSENBERGER

Commission # EE 191610

~~i Expires June 6. 2016

!.~~.\
~Rf.. , \,\

Notary Public

Bonded Thru Troy Fain Inannce 800-385-7019

RESIGNATION AS TRUSTEE TO THE GILLESPIE FAMILY LIVING TRUST

AGREEMENT DATED FEBRUARY 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,

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.
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 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.

~~
J~eTlCJ.- L,

Gilles ~;f.

STATE OF TEXAS
COUNTY OF TARRANT
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 RESIGNAnON 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

='=
e ........,5

lOW!

l1..-

A
~ ~~

day of June, 2014

Notary PublIC

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.:

2013CA-OOOl15

Plaintiff,

v.
MARK GILLESPIE, et a1.,
Defendants.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _~I
NOTICE OF DEFENDANTS' CoNSENT TO .JUDGMENT
Defendants, MARK GILLESPIE and JOETIA 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 8092 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 Plaintiff in this action.

KEL File #13LAW34876

CERTWICATEOFSERVICE
I HEREBY 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,

mrservice@mccallaraymer.com; via [xl Email Delivery, today July 5, 2013.

KAUFMAN, ENGLETT & L YND, PLLC

lsi Anthony J. Solomon

Anthony J. Solomon , Esq.
Rorida Bar No. 93057
111 N. Magnolia Avenue, Suite 1600
Orlando, FL 32801
Telephone No.: (407) 513-1900
Primary Email: asolomon@kelattomeys.com
Secondary Email: KELinbox@kelattomeys.com
Attorney for Defendants:
MARK GILLESPIE and
JOETTA GILLESPIE AKA UNKNOWN SPOUSE OF
MARK GILLESPIE

KEL File #13LAW34876

'i : GO

IN THE CIRCUIT COURT FOR

MARION COUNTY, FLORIDA
r',~' t. ' , i'\ ': '; PROBATE DIVISION

I.

IN RE: ESTATE OF

" \4 j~~\ '2.4

"

PENELOPE M.

GILL~$;PIE,9- h 'r~} n\i"i ~:.(" ~\~,

i- T\"'''
1
Decea gj. r \nt! C. I

~ ,"

f'

File No.:

ODlLt Cf lObO

NOTICE OF TRUST
PENELOPE M. GILLESPIE, a resident of Marion County, Florida, who died on September
16,2009, was the Grantor of a trust entitled: Gillespie Family Living Trust Agreement 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 enforceable claims of the decedent's creditors to the
extent the decedent's estate is insufficient to pay them, as provided in F.S. 733.607(2).
I.

The clerk shall file and index this notice oftrust in the same manner as a caveat, unless there
exists a probate proceeding for the Grantor's estate in which case this notice of trust must be
filed in the probate proceeding and the clerk shall send a copy to the personal representative.

2.

I am Neil J. Gillespie, the personal representative as defined by F.S. 198.0 I(2), of the Estate
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 sell 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 himlher shall seem best for the purpose aforesaid, to
execute any and all proper and necessary deeds, conveyances, receipts and acquittances."

5.

I hereby file Affidavit of No Florida Estate Ta~ Due, which is attached.

6.

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

7.

Bruce Morreale ofH&R Block prepared the decedent's final federal tax return form I040A.

8.

Mark Gillespie paid the funeral bill September 18,2009; filed the decedent's final federal tax
return April 10, 20 I0; and paid the final taxes owed to the Internal Revenue Service.

9.

All enforceable claims of the decedent's creditors have been paid. There are no assets of the
decedent left to transfer. The Trust avoided probate ofthe estate. There is no reason to open
administration 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.

II.

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

Signed on June 24, 2014

Telephone: 352-854-7807
Email: neilgillespie@mfi.net

Affidavit of No Florida Estate Tax Due

II

II

DR-312
R.08/13

Rule 12C-3.008
Florida Administrative Code

DEPARTMENT
OF REVENUE

For official use onl

State of

Florida

County of

Marion

Neil J. Gillespie

I,theunder~gned, ~

~, dohe~by~~e:

(print name of personal representative)

1. I am the personal representative as defined in section 198.01 or section 731.201, Florida Statutes, as the case
may be, of the estate of _P_e_n_e_lo_p_e_M_.G_iII_e_s_pi_e

09

16

09

(print name of decedent)

2. The decedent referenced above died on _ _/_ _/_ _, and was domiciled (as defined in s. 198.015, ES.) at
(date of death)

the time of death in the state of _F_lo_ri_da

On date of death, the decedent was (check one):

Cd a U.S. citizen 0

not a U.S. citizen

3. A federal estate tax return (federal Form 706 or 706-NA) is not required to be filed for the estate.

4. The estate does not owe Florida estate tax pursuant to Chapter 198,

~S.

5. I acknowledge personal liability for distribution in whole or in part of any of the estate by having obtained release
of such property from the lien of the Florida estate tax.
Under penalties of perjury, I declare that I have read this Affidavit and the facts stated in it are true. This declaration is
based on all information of which the personal representative has any knowledge [55. 92.525(1)(b); 213.37; 837.06, ES.].

Executed this

Print name

j.!l-

Mailing address
State of

day of

:IV,,) e:.

.20 .&..-1'-/-1---

Neil J. Gillespie

8092 SW 115th Loop

Florida

Sworn to (or affirmed) and subscribed before me by

On this

NL;J

City/StatelZlP
County of

-:i,

-854-7807

Ocala, Florida 34481

Marion

_
_
_

G~/{e5:p;e

,20 f~

(t ' n , f )
n
~

Signature of Notary_~ ~i:t-f-+-

IJ'J.'

:*:~~

'i,,~

(Check one)

~ Personally known

Telephone number

..~

CECILIA ROSENBERGER

Commission # EE 191610

:~ E Expires
June 6, 2016
Bonded Thru Troy
800-385-7018

Fain lnuance

Or produced identification

Type of identification produced

Print, type, or stamp name of Notary Public

File this form with the appropriate clerk of the court. Do not mail to the Florida Department of Revenue.

DR-312
R.08/13
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
If Florida estate tax is not due and a federal estate tax
return (federal Form 706 or 706-NA) is not required to
be filed, the personal representatives of such estates
should complete Florida Form DR-312, Affidavit of
No Florida Estate Tax 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
which the DR-312 has been duly filed and no federal
Form 706 or 70S-NA is due.
The 3-inch by 3-inch space in the upper right corner of
the form is for the exclusive use of the clerk of the court.
Do not write, mark, or stamp in that space.

Where to File Form DR-312

Form DR-312 must be recorded directly with the clerk
of the circuit court in the county or counties where the
decedent owned property. Do not send this form to the
Florida Department of Revenue.

Federal thresholds for filing federal Form 706 only:

(For informational purposes only. Please confirm with
Form 706 instructions.)

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.
For thresholds for filing federal Form 706-NA
(nonresident alien decedent), contact your local Internal
Revenue Service office.
If an administration proceeding is pending for an estate,
Form DR-312 may be filed in that proceeding. The case
style of the proceeding should be added in the large
blank space in the upper left portion of the DR-312.
Form DR-312 should be filed with the clerk of the court
and duly recorded in the public records of the county or
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

...... _...._- -... -_...-.. --- ---

--- --- ---.-.

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

'S"J l-~ ConmissIon # EE 191610

W.. ,.

.; Expires JLN 6. 2016

8Dn11d11lV_~--"""'"

Book5807/Page1396

CFN#2013013720

Page 1 of 1

PROBATE DIVISION

OFFICE OF DAVID R. ELLSPERMANN-CLERK OF THE CIRCUIT COURT

RECEIPT #:
RECEIVED OF:
PART. ID:
BY CLERK:
CHECKS:

CASH
$45.00

P 000080959
GILLESPIE NEIL JOSEPH
1406736
BEWLEY CHRISTINE M

CREDIT
$0.00

CASE NUMBER

DATE: 06-24-2014

CHANGE
$4.00

OTHER
$0.00

EVENT

42-2014-CP-001060-AXXX-XX
EST OF GILLESPIE PENELOPE M
PARTY: GILLESPIE PENELOPE MARIE

162

TIME: 16:03:45
MEMO: EST OF GILLESPIE PENELOPE

COURT/JUDGE

FF: NOTICE OF TRUST

AMOUNT
$41.00

SSR S SUE ROBBINS

TOTAL RECEIPT...

DAVID R. ELLSPERMANN, CLERK

By
,D.C.

TAX NO.

$41.00

https://casesearch.marioncountyclerk.org/index.cfm?FuseAction=Home.CaseView&Case_id=1672969&CFID=54328&CFTOKEN=cb4201e318461bb...

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

back to search page

CASE INFORMATION
Case Number:
File Date:
Judge:

42-2014-CP-001060-AXXX-XX
06/24/2014
S SUE ROBBINS

Decedent :

GILLESPIE PENELOPE MARIE (DOB: 1930)

AKA : GILLESPIE PENELOPE

Trustee :

GILLESPIE NEIL JOSEPH (DOB: 1956)

Dockets
Date
06/24/2014

Event

Count

Party

CLERKS MEMO OF
RELATED CASES

Amount
$0.00

00WF22452 - WILL FILE ONLY

06/24/2014

NOTICE OF TRUST

$0.00

NOTICE OF TRUST WITH ATTACHMENTS

06/24/2014

PETITION/COMPLAINT
NO DOC#

$0.00

NOTICE OF TRUST WITH ATTACHMENTS

06/24/2014

ASM: NOTICE OF
TRUST

GILLESPIE PENELOPE
MARIE

$41.00

Payments
Date
06/24/2014
* bold records have been voided

www.MarionCountyClerk.org

Receipt #
P-80959

Event

Party

FF: NOTICE OF TRUST

GILLESPIE PENELOPE
MARIE

Amount
$41.00

11111111111111111111111111 III

DAVID R ELLSPERMANN CLERK & COMPTROlLER MARION CO

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

This Quit-Claim Deed, Executed this day of
FILE #: 20.14064751 OR BK 6065 Pg 1251
ry ~\,(.I;t
~ ~014 between Mark Gillespie,
REC FEES: $10.00 INDEX FEES: $0.00
resigned Successor Co-Trustee of the Gillespie Famity
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 First 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 signed and sealed these presents the day and year
first above written. Signed, Sealed and Delivered in Presence of:
Wi

Witness Signature

Witness Print

STATE OF TEXAS

Mark Gillespie
7504 Summer Meadows
Fort Worth, Texas 76123

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 WO~.;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

A[~~ 5~

NotAry

e -_..........
-....OIMJ
_IWUC

r.'tef''fIZr.l by
Nti/:J. C'II~~f'Ie.
1~9~ S~ //6"7t ~fJ
OC/Jt4}

Book6065/Page1251

CFN#2014064751

FL-

3'1't~1

Page 1 of 1