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BFI Transcript 1

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COMMONWEALTH OF VIRGINIA, ex rel . vs . SECURITY TRUST MORTGAGE, LLC<br />

Proceedings on 09/11/2013 Page 18<br />

1 default judgment automatically follows default for<br />

2 failure to properly file a responsive pleading, nor<br />

3 does the failure to properly file a response through<br />

4 an attorney unfairly prejudice the Bureau . The<br />

5 Bureau should be well aware of the position of<br />

6 Security Trust in this matter .<br />

7 Security Trust is properly represented<br />

8 today and should be prepared to offer a defense<br />

9 against the allegations in the rule . So, despite<br />

10 the failure to properly file through an attorney<br />

11 appropriate pleadings in this case, I will not grant<br />

12 the Bureau's request to enter judgment by default on<br />

13 the allegations in the rule and revoke Security<br />

14 Trust's mortgage broker license at this time . That<br />

15 motion is denied .<br />

16 As a side note, I must be clear since we<br />

17 have a consolidated record here that the default<br />

18 finding only relates to Security Trust in the rule<br />

19 case and does not affect the second case, which<br />

20 involves Mr . McDonald's appeal of the Bureau's<br />

21 appeal of his denial of his license application .<br />

22 MR . BALDWIN : Thank you, Your Honor .<br />

23 HEARING EXAMINER : Okay . The next item or<br />

24 items on my preliminary agenda is the Bureau's<br />

25 motion to admit requests for admissions and Mr .<br />

Huseby, Inc .<br />

www.huseby.com<br />

4860 Cox Road, Suite 200, Glen Allen, VA 23060 (804) 755-4200

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