Timothy15,

I would ask the judge to put all Orders in writing.

Are you in an Article I Administrative Hearing, or an Article III Judicial Court? From the actions that you describe of the judge, you can't be in an Article III Judicial Court.

Do you even know the difference between the two? I've stated my opinion of the deception I believe is going on in many Administrative Hearings with other students.

You stated that you did file a counter-claim. You left that piece of information out of the discussion. Unless it was covered in another posting.

What was the result of the counter-claim? If you're back in court under the original claim, I'm guessing that you were not successful with your counter-claim.

The counterclaim and hearing is scheduled for 01/16. I'm open to any suggestions. I have made the court aware by objection that the opposition has not answered my counterclaim by admission or denial. That's the rule. I can't file for SUMMARY judgement because I would then be in violation of the judges written order. Sbhould I violate an order if its illegal?

Options---
I just lost a jury trial in which the judge barred all of the points in my case and went with the Plaintiff.
Let me give background. Plaintiff represented an "home flipper" Home flipper was a partnership. It was an LLC. One partner was a licensed reatltor but in Virginia all partnerships must be fully licensed. The home sale was done without the Lender approval. The Lender stated on 3/15 it was halting all collection activities until an investigation was completed. Seven days later on 3/22 the trustee sold the home. The Plaintiff was the "buyer". The Plaintiff is not licensed as a real estate firm and demanded and was awarded possession and rent. This was an appeal from district court. In Circuit Court we are the Plaintiffs against the lender for violating our deed of trust. They told us they were ceasing collection and seven days later allowed the Trustee to sell the home. Any opinions/options are appreciated.

New Info, I found out the "buyer" of our home was an unlicensed virginia real estate firm. I went to Virginia DOPR and the Virginia Attorney General but nothing has been done. The Lawyer and this unlicensed company were granted rent damages even though they were illegal. The judge gave them a 7500.00 appeal bond that we had to post. She became also the decider of the case I filed originally challenging the home sale. She then dismissed our case with prejudice.

New Info, I found out the "buyer" of our home was an unlicensed virginia real estate firm. I went to Virginia DOPR and the Virginia Attorney General but nothing has been done. The Lawyer and this unlicensed company were granted rent damages even though they were illegal. The judge gave them a 7500.00 appeal bond that we had to post. She became also the decider of the case I filed originally challenging the home sale. She then dismissed our case with prejudice.

The "buyer" in true stolen car chop shop fashion, the vunlicensed LLC has already sold our home to another friend who is also a realtor. Does anyone know if I can do a challenged title to the property because the seller was unlicensed. How do i initiate a title challenge in Virginia?

The problem as it stands. We were run out of our home. We had appealed the decision. We were not evicted but left many things in our home. The SAME judge who gave away our home to an unlicensed real estate firm also awarded a "quantum merit" award for "lost rent" beyond the bond we paid for the appeal. This same judge that delayed our initial complaint got herself placed back on our initial complaint and dismissed it. The idea was for us to show up and be served a debtors asset hearing set up by this judge. We decided that because there was NO WAY to get a fair hearing, we left and never went back. Now..The unlicensed real estate firm is an LLC is there a way to at least get rid of the judgement against us due to the fact the firm had no real estate license. I contacted the Virginia DOPR and the Virginia Attorney General and got nowhere. How can one prove extortion and or if one is no longer geographically in the state this occured can action be taken to overturn the monetary judgement. The unlicensed LLC has not furthered the judgement..Any advice will be considered. The last communication from the lawyer offered a deal vs the "damages" and the house has been sold to someone else..

I went to court for Trial and the Plaintiff sent there attorney who wished to file a non -suit, is there anything I can do at this point? I live in Virginia and a non-suit allows the Plaintiff to re-file and still come after me within 6 months. I also FILED my evidence the day of Trail, was this the right thing to do? Thanks for your assistance.

If the law hasnt changed..they cannot abandon the nonsuit and start again in another court. The law came out of fairfax

This may be the case...Davis v. County of Fairfax, Record No. 1697–08–4, slip op. at 2 (March 2, 2010).

Davis timely filed her notice of appeal, and we granted an appeal on the following assignment of error:

1. The Court of Appeals erred when it ruled that the circuit court could exercise subject matter jurisdiction over a case that originated in the general district court; was appealed to the circuit court and non-suited there; re-filed in the general district court—contrary to the dictates of § 8.01–380—and then appealed to the circuit court.