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COMMONWEALTH OF VIRGINIA, ex rel . vs . SECURITY TRUST MORTGAGE, LLC<br />
Proceedings on 09/11/2013 Page 24<br />
1 matters requested to be admitted are not, in fact,<br />
2 true . And the purpose of a request for admissions<br />
3 is to remove from the adjudicatory process those<br />
4 matters which are not genuinely at issue . And there<br />
5 is a genuine issue which we are prepared to present<br />
6 through the testimony of Mr . McDonald that his<br />
7 financial circumstances have materially improved<br />
8 and, therefore, that his application for a mortgage<br />
9 loan originator's license, in fact, is in good<br />
10 faith, which is a matter which it would be deemed<br />
11 admitted if we're not allowed to present the<br />
12 evidence .<br />
13 And, so, given the purpose of request for<br />
14 admissions, which is not to create a default<br />
15 situation, but rather to remove from the<br />
16 adjudicatory process those matters which are not<br />
17 genuinely in dispute -- that's the purpose of it --<br />
18 there is a genuine dispute about much of what is<br />
19 before Your Honor .<br />
20 And, again, I must acknowledge for the<br />
21 record it is not -- it is not due to the lack of<br />
22 action by the Bureau of Financial Institutions that<br />
23 we are in this situation . But nevertheless, it<br />
24 remains that there is much genuine dispute about the<br />
25 matters in controversy . And the requests for<br />
Huseby, Inc.<br />
www.huseby.com<br />
4860 Cox Road, Suite 200, Glen Aflen, VA 23060 (804) 755-4200<br />
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