Expert: Jason Barnette, Esq. - 12/18/2009

Question
QUESTION: I am disabled US Army Veteran. 3 years ago i got approved for a VA loan. I couldnt come up with closing expense and mortgage broker loan officer got upset to me, prepared loan denial statement saying that "applicant changed his mind" instead of "insufficient funds to close the loan". The builder of the house also seller, suing me for $30K saying that I didn't want to buy his house! Make it short story, last 2 years they keep canceling the court date and extending this case. My question is, how long they keep extending this case and changing the court date? is there a limit for doing that? I am suffering from PTSD and my depression is getting worse because of this case going on last 2 years and we didn't even go to court yet because they don't want to! Can i ask to judge or who ever for help. yes i have a lawyer but cant get a hold him for a long time. since i can not contact my lawyer, i want to ask you because this web site always finds answers for me. God Bless and merry Xmas.

ANSWER: Hakan:

It would depend on the state in which you reside.  Do you live in Tennessee?

An aside, if your attorney will not return your calls in a timely fashion (one week) report him to the State Bar where you reside.

Jason Barnette
Barnette Law Offices, LLC
1800 Hayes Street; Suite 122
Nashville, TN 37203
615-585-2245
http://www.barnettelawoffices.com

---------- FOLLOW-UP ----------

QUESTION:   So sorry i forgot to let you know i live in Clarksville, TN. my lawyer is very nice but a busy man with no secretary. maybe he is gone for a while for holiday or something. if i report him, i have no money to hire another lawyer. we do not even use our house central heater and sit at home grabbed to a blanket to save electric bill because our every penny savings went to court, lawyer and other expenses.
 Would you please give me an idea for my previous question for TN, if anything i can do to set a court date as soon as possible and dont let the judge cancel and extend my court date again. i assume they do not want to go to court yet because most likely they will loose because they signed deposit release form to get my deposit and same form states that each parties free from any kind of law suit, this contract is cancelled etc. the builder denied his signature on this form, we had to pay tons of money for a signature expert and found out that builders agent copied his signature on this form most likely with builders permission because the builder admitted at his depossision that his agent signs papers for him time to time but he doesnt remember if he gave permission to his agent to sign this form!!! so my lawyer is suing the real estate agent Vaughn team to bring them in to this law suit case. you have no idea how much depression i am in last 2 years because i lost every penny of my saving and i am about to loose my house because i am behind of my payments while this builder, 31 years old wife abuser (he was arrested for abusing his wife) rich millioner is living in wealth and celebrating his xmas with fun!

Answer
Hakan:

You can call the Montgomery County Circuit Court Clerk and set a date for discussion but, in all honesty your lawyer should do this.  In addition, by not going to Court you can probably move to dismiss the case under the Tenn. R. Civ. P. Rule 41 for failure to prosecute.

I sympathize with your problem and I would intervene but, like your attorney, we just swamped right now.  Stick with your guy and see if he's thinking the same way I am.

Jason Barnette
Barnette Law Offices, LLC
1800 Hayes Street; Suite 122
Nashville, TN 37203
615-585-2245
http://www.barnettelawoffices.com