GINGO & ORTH
      We charge $250 per hour for our legal services.  You may be able to save money on attorney fees if you qualify for unbundled legal services where we write legal papers for you to file.  This is called "Ghost Writing".  Ghost writing is approved by the California state bar without limitation.  The Florida state bar has some limits on ghost writing (not permissible if client is not competent to act as his/her own lawyer).  The federal court prohibits ghost writing.  When we ghost write papers for you, the bottom of each page will carry this statement "Prepared with the assistance of counsel - Gingo & Orth, 2215 Garden Street, Titusville, Florida  32796.  321-264-9624 Office


    

     Warning:  Law is very complex.  Foreclosure law involves many state and federal laws.  If you use these documents, you do so at your own risk.   We recommend you consult a lawyer before using these documents or representing yourself in court.

    PRIMARY RESPONSIVE DOCUMENTS:

     1)  Motion to Quash Service of Process;
     2)  Motion to Dismiss for Lack of Verification of Complaint;
     3)  Motion to Dismiss for Lack of Standing - version 1;
     4)  Motion to Dismiss for Lack of Standing - version 2;
     5)  Motion to Dismiss for Lack of Standing - version 3;
     6)  Motion to Dismiss - Verification, Standing, Capacity, Trust issues - Version 1;
     7)  Motion to Dimiss - Post Bankruptcy - Version 1;
     8)  Motion to Dismiss - "Successor" Language is Vague - Version 1;  Order on Successor Language being Vague;
     9)   Motion to Dismiss - Assistant Secretary Issue (won last week);
    10)  Motion to Dismiss - latest;

    SECONDARY RESPONSIVE DOCUMENTS:

    1)  Answer and Affirmative Defenses - version 1;
    2)  Answer and Affirmative Defenses - version 2;
    3)  Answer and Affirmative Defenses - version 3 (newest);


    DISCOVERY: 
          A)  Informal:

               1)  Qualified Written Request - version 1;
               2)  Qualified Written Request - version 2;
               3)  Letter - Demand for Debt Verification and to Cease Contact;
               4)  Corporate Representative Deposition.  (version 1)
               5)  Corporate Representative Deposition.  (version 2 - newer/better)

          B) Formal:

               (i)   Interrogatories:
               1)   Interrogatories - version 1;
               2)   Interrogatories - version 2;
               3)   Notice of Service of Interrogatories;

              (ii)   Request for Production:
               1)    Request for Production - version 1;
               2)    Request for Production - version 2;
               3)    Notice of Service of Request for Production; 

              (iii)  Request for Admissions: (Note:  Admissions are highly tactical and may seem confusing)
                1)   Request for Admissions - version 1;
                2)   Request for Admissions - version 2;
                3)   Request for Admissions - version 3A;
                4)   Request for Admissions - version 3B;
                5)   Request for Admissions - version 4;
                6)   Notice of Service of Request for Admissions; 

          C)  Compelling Discovery:

              (i)   Prerequisite to filing - Attempted Discovery Resolution:   
                1)  Letter to opposing counsel;

              (ii)  Motions:
                1)  Motion to Compel Responses to Interrogatories;
                2)  Notice of Hearing on Motion to Compel Responses to Interrogatories;
                3)  Motion for Sanctions for Failure to Respond to Order Compelling Responses to Interrogatories;
                4)  Notice of Hearing on Motion for Sanctions;


     OPPOSING SUMMARY JUDGMENT:

     1)  Opposition to Motion for Summary Judgment - version 1;
     2)  Opposition to Motion for Summary Judgment - version 2;


    MOTIONS TO SET ASIDE JUDGMENT:

     1)  Motion to Set Aside Summary Judgment - version 1;

    TRIAL:

    The Entire Fastiggi Trial Transcript, with closing argument and the court's findings is available here. Before you do a foreclosure trial, you need to read this transcript and see how we kept the bank from getting documents into evidence.  The issue of an equitable lien will be appealed.

     APPELLATE CASES

1)     Jones Appeal, initial brief;
2)     Peacock appeal, initial brief;
3)     Taylor appeal:
            a.   initial brief;
            b.   answer brief;
            c.   reply brief;
            d.   decision;
            e.   motion for rehearing;
            f.   motion for certification to the Supreme Court;
4)      Lyttle appeal, initial brief.

     FRAUD ISSUES:

     Fake Notes:
     Have you seen your "original note" in the court file?  Is your signature on it in electric blue/green ink?  Our belief is that this electric blue/green ink is a fraud and we are working hard to put together a team of experts and proper equipment to challenge the authenticity of such signatures.  It may be that the fraudsters are using a computer controlled mechanical pen to make that fraudulent signature, like this one (click here for demo) and (click here for types of machines).   If the signature is a fraud, the judge may dismiss the case against you with prejudice for "fraud on the court".  Some of these signature machines, like the Ghostwriter, can vary the pen pressure!  And, if you think a bank wouldn't resort to dirty tricks, just take a look at the Lyttle appeal.

     Original Papers?
     Paper, ink, printers and their interaction with each other in the proof of fraud are very complex. (Click here for Amjur article on Proof of Identification of Paper in Litigation)  There is an informative article on the use of forensic examiners in the medical malpractice field that you ought to read to get a working knowledge of what this subject is about. (Click here)  The issues that seem obvious as proof of fraud aren't exhaustive.  Forensics is extremely broad and your intuition may lead you to use other forensic techniques to prove fraud. (Click here for a website on forensic evidence)  An analysis of the ink on the document may determine the year the ink was made.  An analysis on the ink for encoded pixels may determine the make, model and year of the printer that made the document.  If that ink or printer was made after your loan was signed, someone committed fraud! (Click here for an article on Ink Deposition Analysis)    An analysis of the paper on a gas chromatograph mass spectrometer may produce further incriminating evidence - we are working on getting one of those machines.  We will keep you posted on this issue.

     If you get sued, you have a very short time to respond - 20 days.  Don't file an "Answer", instead, file a motion to dismiss, a motion for a more definite statement and/or a motion to strike.  Save that Answer for later.  It buys you more time in the home, plus, why would you want to hand over your home to a bank that isn't the owner of the note?  That is like handing the keys to your car to the first car thief that demands you give it to them.  Sample motions are below.  Also, reading appeal documents can give you a good basis to beginning to understand the law.  The Jones appeal, below, gives you an understanding of how to challenge a judgment when you have waited to file your Notice of Appeal beyond the 30 days after a final judgment has issued.  The Peacock appeal concerns the impact of a homeowners Request for Admissions which was ignored by a circuit judge at summary judgment.  The Taylor appeal, which the appellate court has ruled against, is a great road map. 

Great websites:    Neil Garfields LivingLies Blog;   Matt Weidner's Law Blog;
                                Foreclosure Hamlet;   4ClosureFraud;   StopForeclosureFraud;
                                Mario Kenny WordPress;   Creditslips;   LoanClosingAuditors; 

email ggingo@yahoo.com if you have questions, or if you need support.