required you to obtain the bank's approval for the short sale that is correct so if the bank didn't approve the transaction you could sell this property as correct there was a contingenc meet in order to tender a three or so how was your short sale agreement with the bank collateral to the transaction it was necessary to the transaction correct it was a necessary closed would have gone to the bank right the thirty five thousand dollars if the do not a contract can't close and they had to file to it that this thirty five thousand dollars difference would have gone to the bank  convertible conditional with missions that the plaintiff had signed the loan estimate saying that he had the financial wherewithal to proceed with this purchase they received a mortgage won't commit fraud or some sort of tort and in this case there is no tort alleged it's only a breach of contract there is no place that i have seen that g m p commodities that act court something i misrepresented it is not just i don't like this deal so i'm going to not take this deal there has to be sounds toward not just misunderstanding but willfulness in where this comes in and i said good morning ok but let's let's finish this one where in this record does it say that the terms that they decided to not accept near the closing in december of december th were the ones they agreed to i you know i did not see that specifically it might be the same interest rate it might be things of that nature but there are other terms what terms did they not agree with they did not agree with as i understand it and as as you look at the letter or email sent on december st twenty two the data breach they did not like they did not get the terms that though the bank is giving it was intricate and not collateral certainly wasn't in the position of the insurance company they didn't pay anybody anything the bank that's true but it's not the injury occurred to pm the bank the injury occurred even before the short sale that house was in foreclosure that house had to be resolved in some way they took they decided but i have a question do i have a point is to make a policy argument that the law in essence i think it is that the law should resume damages in a short sale breach of contract case actually to compensate homeowners for the economic wasn't there wasn't some kind of a misrepresentation which lead to what i saw nothing in any other jurisdiction sort of a creative argument that was i mean it is a creative argument i mean it was a creative guy and a brilliant guy and i have certainly  compensate their source or or because they have a contractual obligation to do that so why prevent somebody from attaining a judgment on a war without knowing that they have to compensate their political force in this case we trial or level as to what was going on with regards to this case as it approached this trial i think she wanted the court want to take everything in one sat and i think she's the court talk this loamy and you know they knew this was the issue everybody knew this was the issue and everybody was really prepared on that and they understood that this was going to either be a windfall or her love going to be a windfall i think judge we  got it right well i think it wasn't there some conversation on the issue of short sale defense which is a do term on there there wasn't any surprise because this it been discussed throughout but but the reality of it is i think the trial court almost saw this as a proof of damages never saw it as a short sale offense you're going to have to prove your damages what did you lose what were your actual losses what came out of your pocket and the judge awarded properly based upon those is what about there was additional interest that needed to be pay between the defaults or the breach and the closing in sometime in april please i'm not sure i got the whole sentence i'm sorry i disagree that the short sale defense was an issue before the close of discovery and before the filing subsequent what type of discovery that wasn't already conducted because it seems like there was some significant discovery that had preceded these motions what would what discovery would have talked about or i think if you see if you look at the underlying record ninety percent of the paper are filed i claim this and you know like i understand creativity i understand that this