BFI Transcript 1

COMMONWEALTH OF VIRGINIA, ex rel. vs . SECURITY TRUST MORTGAGE, LLC
Proceedings on 09/11/2013 Page 14
1 MR . BALDWIN : May it please the Court, the
2 rules of the Commission are plain on this point, and
3 even if they -- and they're not any different than
4 the rules that apply in the -- all of the courts of
5 record of the Commonwealth of Virginia and the
6 courts not of record and the General District Court,
7 with one exception for small claims and with regard
8 to minor matters that would relate to getting a
9 default judgment .
10 But as far as this matter, the rules are
11 very plain . I can't speak to why Mr . McDaniel -- or
12 excuse me, Mr . McDonald did not previously retain
13 counsel . I only know that -- I only know when I was
14 retained and that I have done the best I can to get
15 up to speed on this in the interim .
16 But I would ask that as a general
17 proposition that a matter be decided on the merits
18 rather than on procedure, I think is a traditional
19 pattern throughout Virginia . And although there
20 certainly is cause, given the nature of the rules
21 and the well-established procedures of all of the
22 forums, both judicial and administrative of the
23 Commonwealth of Virginia, it still is, I think, a
24 matter of the discretion for the Hearing Examiner,
25 the Judge, the judicial officer, to determine . And
Huseby, Inc.
www.huseby.com
4860 Cox Road, Suite 200, Glen Allen, VA 23060 (804) 755-4200