I suedo my lender for a fake home sale. we are in litigation at the circuit court level. the alleged buyer filed an unlawful retainer in the general district court. the general district ruled in buyers favor I appealed it to circuit court. the case I originally filed regarding the validity of the sale has yet to be decided. the lender provided me a letter seven days before the sale claiming it was ceasing all activity while it was answering my legal question. my lender breached the clause in my mortgage that stated I had a right to reinstate the mortgage five days before the sale. my question is does the buyer have to wait until the validity of the sale was determined in Circuit Court before initiating an unlawful detainer in General District Court? My Complaint was filed before the buyers complaint was filed. I am in Virginia and am looking into the state court rules and have found no guidance.

https://law.lis.virginia.gov/vacode/title55/

I'm more curious as to what exactly you mean by "fake home sale" if you could offer a bit more details as to your premise for the question.

The Lender sent us a letter stating they were ceasing all collection activities while they did not stop a Trustee from performing a trustee sale seven days later. The Trustee acted as if they did not know the lender had sent the letter and conducted a sale. On the day of the sale they drafted two memorandums of the sale one was blank and the other had the alleged buyers info. Both stated Shady Company,LLC or assignee I later found out they were going to possibly do a contract flip where someone else steps in as a buyer. This was allegedly a forclosure sale. The Lender graded us and we did not know about the sale because we relied on the lenders written promise that it was ceasing all collection activities while investigating our claim

Is all this from the same action in which you were speaking of previously mentioning your motions being blocked or otherwise rendered moot?

Yes exactly.

The judge forbade any further motions I supplied an answer with affirmative defenses. The opposition did not admit or deny. Or state no information. I made the objection today about lack of an answer. It has been over 21 days

I'm not sure an objection was right, what was there to object to if they haven't replied to your affirmative defense, youn't object to a (no) thing; however, you can compel the reply to your affirmative defences.
* Last updated by: CARLIE1 on 12/28/2018 @ 4:54 PM *

I was told by tyhe judges order that I was to make no motions. This was on 12/03/18. I thought well Ill file an answer Answers weren't on the list of things the judge prohibited. We went to court on my answer. The judge told the opposition He got me on that one I didn't prohibit answers. She then told me I was to file no more papers and the case was going to trial. I started objecting because any other response would be in violation of her order. I just did like Dr Graves and object object object. I also kept mentioning the judge won't let me litigate.

I can't compel or I would be in violation of the judges order. Believe me I'm trying.

Timothy15,

I wouldn't file a separate claim in a different court.

I suggest that you file a counter-claim with the current court. This is covered in the course. But you need to follow the Rules for Civil Procedures for your Court.

I don't know if your Court Rules limits the counter-claim to be filed by a certain stage of the process.

Basically, what you do is flip the script on your opponent!
While your counter-claim is being played out, your opponent's original claim is basically put on hold.

The Counter-Claim MUST be Ruled On FIRST, before the original claim can proceed.

And if your opponent fails to answer your counter-claim, or they fail to appear; you can Move The Court to DISMISS.

If you WIN the counter-claim, then the original claim goes away!

Don't Play his game on his home-court.
Flip-The-Script with a Counter-claim.
Now he's playing your game, and YOU now have the home-court advantage.

But I wouldn't just settle for a dismissal. I would ask for a money settlement. How do you ask for this?

File a Fee Schedule as part of a Conditional Acceptance. I have talked about these two document in several other places in the forum.

Good Luck

Thanks. I filed against the lender first then the seller filed the unlawful detainer against me. I did flurry of motions until I had to answer and I provided affirmative defenses and a counterclaim. He has been chummy with the judge so much she threatened me by telling me I was being over zealous in my litigation and I need to get a lawyer.this was parroted by the opposition. I know of I get a lawyer it will only hurt me. So here I am I'm forbidden by the judge to file any motions so I'm just objecting. That's all o can do except go after the judge with ethics violations but that's going yto take time and the hearing is scheduled for Jan teenth . I have fired off interrogs and admissions. Since the trial was rescheduled i got a second chance. Thank you all for your help it is always most appreciated!

I meant to clarify the buyer. Set up the unlawful detainer.