court should dismiss this action harris they would have been able to refile complaint based on other pieces of supposedly falls some of which occurred after the lawsuit was filed so that your position here your clients existing d phone the only you know they must pay quote all costs and expenses required by the mortgage to be paid in the event of such defaults my reading of the briefs on the record here indicates  been accrued would have been the attorney's fees for writing the notice of default which did not come from the attorneys but came from the bank itself would you agree with since you're relying on fifteen sixteen zero two would you agree with me that strict there's substantial harmless deviation they could easily have been corrected had there been any request oh by the way you also us a few hundred dollars of attorney's fees even though we didn't write the dose of default it was written by a representative of the bank that we had already started to prepare a lawsuit even though we did file one for several weeks after you hear that the fault i suppose that you know there was maybe arguably a technical failure to pay those types of attorney is a jerk it will be soon a specific date time and place that is what is required under section fifty seven of the statute in order for there to be  profit if there's going to be in danger of it for some reason it's a question that needs to be resolved share versus doses to be assembled probs the sales are going to a good day but the sale of this property of address indicated is going to she said at the bottom of the publication of the newspaper there is a phone number and anyone with questions can call their own which is if you first think about it perhaps a reasonable response to requests but if you think about it further and i did mention this to her it rebuff and said but the problem with there it is you're right or that you don't you're making a presumption that somebody would be answering the phone if you call that number that somebody would have given the information or would have had the information to give to any member of the public and if are going to have strict compliance if you want it you know with postfix compliance and this strict compliance is that you have to make sure that the sheriff or weber's conducting the sale a with the strict statute that still is just cause because there would have been somebody who would have been on this property and see these people's restaurant ok if the sunni there was a defect even that in that case there are cases out there  is this that along is not reasons and validate say these cases look for other factors such as what is the ultimate sales price and i understand in this particular case the  your database is not full compliance payment of all they always do attorneys fees and i don't believe there's anything in the record of that when they pay the taxes they were current on everything and there's no indication that they weren't everything you're socit with that specific default was it said noticed by a letter with a stamp that by somebody in the house and they paid the taxes with it seventy two hours there was no with a religion that time and there was no other declaration of notice that you choose the wrong color age or the notice that you had paid the taxes yeah that's you know there's no indication that that was the reason that here spake pursued there's no indication that that claim never refused to pay any court should affirm the lower court's orders granting summary judgment and judgment of foreclosure and sale and confirmation of sheriff's sale as well as denying it as well as affirming the denial of defendants motions to reconsider for three reasons first the defendants who as stated are commercial borrowers they defaulted under the mortgage and they failed to reinstate the mortgage which could have been done by curing their default as well as paying attorney's fees associated with enforcing the default also in your complaint i don't specifically recall what the religious that you we allege in the complaint that the default was for failure to make timely payment  lower court level which we disputed such care would be harmless given that defendants committed additional defaults both prior to and subsequent to the filing of the foreclosure complaint while over and equally important almost any analysis or controlling legal authority and support of their arguments for example beginning on page ten of appellants brief the fourth line is the first site it's really a section head to the illinois mortgage foreclosure practice series five point eight if your honour's will notice the next line that is an open quotation mark the quotation proceeds until the end of the next page then a new it girl section begins quoting again from nickel and ing and beginning again into the next page that precedes into the very end of the brief so six of the eight pages of argument are perfect quotations with no additional analysis or support  it is an appropriate because there is no in else as bringing those statements to this case and indeed the citations that are cited your honor are most of them are outdated in fact the most recent case arguments in those cases were played at the trial court level these arguments that we have here today are all new which goes against well settled law as your honour's are well aware if we look at pages seven  and seven through nine be upon three hearings two points again these two points not properly before the court because they were waived for purposes of this appeal as they were not raised at the trial court level and they don't say to any case law to support their arguments those roots of the yes your honor yes and those points  that there are a late payment of taxes which were not i mean tiriel breach and that there was no default at the time of the mortgage counsel here today has indicated that there was a default at the time of the mortgage then existing and by paying all costs and expenses required by the mortgage the bank agrees that the taxes were paid the two thousand and six real estate taxes were paid however in the  default notice which was written by the lead partner from my law firm in this case david audley on june fifth two thousand and eight which would have been then attached to the motions of the lower court that latter demanded that not only did the real estate taxes have to be paid but attorneys fees and costs had to be paid and as noted in our response brief to the appellants grief on page failed to pay the attorney's fees required under required upon default so that in itself as your honor has noted is enough to show that reinstatement was not good late real estate taxes were cured your honor but that the mortgage was not reinstated because to reinstate under the statute you not only have to cure the default but you have to pay for a that were that were expended as part of enforcing pardon me the statute it's by ron and the mortgage follows illinois law that upon a default a defendant can reinstate the mortgage so it's pursuing to illinois law amount owing had the default not been cured meaning that the amount owing would have been accelerated the entire debt of the mortgage would have been accelerated in addition the letter states that attorneys fees and costs need to be paid it do to your point your honor if i understand correctly the statute doesn't provide that the entire excel or a good amount be paid it's only the amount that is required to be paid as a result of the default and then the attorney's fees and costs associated with that the file and to answer to the state for that it was seven hundred seventy dollars that was incurred as a result of the letter and the other should be set aside and and then it did not comply with all statutory requirements because it's a possibility that the sheriff did not make an announcement that the sale was continue does not provide in the stance it does not require that the bank ensure that the sheriff make an announcement the bank was not there i don't believe defendants were there to know whether or not and  section fifteen zero eight of the illinois mortgage foreclosure law part d we have a section here saying that no c e o under this article shall be held invalid or set it's true that the sheriff didn't make an announcement which we can that we just don't know that wouldn't be enough to set us at the sale and was good cause shown and that has not been shown by by the defendant in fact all four prongs that the court can look at to determine whether or not good cause has been shown i'm all for progress and been satisfied by the bank deference both because this is a it's a factual issue as far as good cause as well as because defendants are asking for an appeal from the motion orders denying defendants motions to reconsider and for that reason as well this court should apply a deferential standard one other point i'd like to make to your honor's is that the sale was held on which have been attached to i believe the briefs and certainly at the lower court stating it that the date would be february tenth now admittedly i will admit to the court but the e mail says february tenth two thousand and nine the e mail was sent at the end of two thousand and nine and my colleague february tenth two thousand and nine instead of february tenth two thousand and ten it was a typing error to the to the defendant fees or other costs we could have asked if that included among the twelve maybe it which we have laws you could preserve they're not asking for any specific about that we'll get a bill later maybe that we got to pay the bill later we get it there's nothing in the record to show that we were ever asked to pay