basically your orders that let me ask you a couple factual questions because they're it's not entirely clear from the record what happened here at some point in time was the plaintiff in a rears to the there's a law firm and myself there so in terms of periods of time that we're dealing with there was a period of time approximately two answer something like that when a sum of ten or looking at the facts here i can understand if there was you know something improper done if indeed the money was paid back and the lawsuit was filed and the lien was recorded even though it was paid that i can understand what i'm trying to figure out is  what was it about that can't dock during that brief period of time that caused any damage to the plaintiff in this case head will head to head that kind that we could easily reach iow we gave notice to the prejudice six months later and it's sort of june of two thousand and nine so was the damage then i'm sorry to interrupt there is the damage then that because of their wrongfully filing the lawsuit and the  court because she was incorrect in her belief that the statute required the filing of only me and that these defendants here filed a lawsuit and a lien and a matter that had already been satisfied and managing agent southern company and all of the current at that time current members of the board of managers under the kind of money and property act and the force a pointer to detain or act it is the board of managers or their managing agent who can maintain a cause of action asked when i had authorize or law firms but even if even if they are the victims of a sharp practice shall we say what you're saying is that because of the case law on the statutes in the state of illinois there's an absolute privilege for of the filing of the talking about the privilege in itself this is before they even get to the issue really special protected us the will in courts in california in that case you have very similar facts the association actually let someone live on the property and do make this work and protected we've also extended the privileges the closet you just proceedings in actions that are necessarily preliminary to the filing of an action section seven sixty five miles c s six o five  dash nine h that provision the kind of the property act states that you must file the notice of a lien before action to foreclose can be filed the last sentence of that  the board saying i'm going to file this complaint and investigate the only chords in the pro life case has said that similar actions that are necessarily preliminary to taking other judicial action protecting your rights are privileged and here your honor if you were to say respectfully disagree because this is a required act to get your priority to your position and to be able to later file a an action for work if you're required for your priorities put yourself better position but it's not required terms of the loss if it was proved by the fact that you filed a lawsuit before you probably your honor i agree that what i'm saying is if we take the lawsuit completely out of it the file a lawsuit out of it and i think about this in a bigger picture a judicial in just a proceeding immunity it it goes beyond recklessness and it protects malicious acts the reason why is the courts have said that this privilege of immunity is so important it goes beyond protecting the they'll say you have to choose one of the other so these actions were associated to get to the same end result get that fifteen thousand the fact that they say they were owed and they may not to know it but that was that but that was the purpose of these actions and i again i do have to disagree the the legislature has to find the recording of a notice of lien as a condition precedent the filing the lawsuit to foreclose in l a you must do it first so see this happens on january first i record my and you that your honor again the action for possession well i'm taking the situation at of out of the facts of this case because i think we have to make these decisions that the filing of the notice and lien under the kind and unity because the legislature has to find it as a mandatory step to later foreclose on that lean or to to protect your interests in priority of perfection should a lawsuit  gives a buyer a bank knowledge that there is a fight going on in this unit regarding who owns it and how much money is owed to the head clean title it has the same effect as  between a least pendants and recording of a noticeably i think the least pendants there must be a there must be a lawsuit it's on file and i think that the when your court you get to the reading of that opinion would support that conclusion i mean there could be argued suppose sides but i think that when you're court's actually saying that a lease payment is protected as long as there's a lawsuit affecting property interests on file but the notice of lien this is different because it's defined it by statute as an say you know we got to look into this because they represent safeway insurance we have to look into this and before we file before the department of insurance can take any action that letter has to be written it wasn't necessary that a lawsuit was later files or that the department of insurers later took action that necessarily preliminary step in and of itself was protected and that's what we're saying here it's irrelevant if and if an action to foreclose is actually filed after the notice of wayne's record it because the way this usually works is it's not the association that files the action to foreclose it's the lender and the association gets its lead on file so that when that action is filed by the lender their positions protected and then should have getting their six months and that's why they take this act so when a lawsuit is filed either by them about a lender they've taken that necessarily preliminary step t of the exact same read that read the nature of the privileges that respects the will and read our case law that discusses our privilege they're the exact same they both come from section five eighty seven a restatement tourist in wilton they talk about a two pronged approach about the broader picture where maybe they put a run instead of a zero where there's an extra zero on the on the by scribner's air the association has to have that protection and know that when they when they enforce their statutory right think if you compare that what happened in a will to what happened here the nature of our privileges and then explain again what you're saying then if if we rehearse we're going to open some kind of floodgates because there's a concern on the other side then if then upon fact hinge upon factual inquiries in which women the associations intended to use and might need associations to resort to judicial foreclosures and every case simply to avoid the risk of tort liability and that's what we're saying if somebody really didn't like the plaintiff and want to put him through something so the question of maliciousness it's irrelevant to whether the perp the privilege applies or not there are other ways other causes of action their breach to show a duty cause of action against associations and against support of managers there are you know if the case fits there's abuse of process there's unless the prosecution defamation base claims which off which include false light the slander of title have been given this protection and we as lawyers should