will don't show the only issue on that count for jurisdictional purposes in the federal district court is whether the four hundred thousand dollars mortgage meets the amount in controversy value the mortgage to that is the value of the amount of controversy it's a i mean you can make the argument that that's the value to the underlying agreement it's an unusual agreement that was at it just on that just on that point since you say it's not alone and since she says that the damages are fifteen thousand dollars i'm not discharged why does it make sense to use the faith of the loan standard just charge there's no dispute that the condition has been satisfied just to fight about the discharge you identify the harm to your client not having to destroy just fifteen thousand dollars that's unusual to come into court saying i'm being harmed worth fifteen thousand dollars therefore the dispute is about a four hundred thousand dollars amount and happens that the loan the mortgage has one of one thousand dollars face value but property in four hundred thousand dollars she can't she can't sell the property she'd have to come up with four hundred thousand dollars to finance the property it's a impediment to the value of her property four hundred thousand dollars the end until it's discharged it's which it should be discharged with the same with a loan that that should that should be that's been paid off for example that has no value and they should be a discharge but it still use a face value of the loan and the reason behind that is i understand it in in the case law was that it was actually it was the size of the mortgage which which  yes yes when you find a pennant come true which you made your argument that that establishes jurisdiction over the sister's sole in the capacity as executors of the estate to fulfill an obligation of the estate but count one is suing an individual a how do you get jurisdiction over them individually one even under attempt to you don't have jurisdiction over them individually you know they are liability under count one so they themselves have interjected themselves in this in terms of the relationship between the two clients and they were using the positions as ad you got four hundred thousand dollars and we were taking the rest i submit that once they are in within the jurisdiction of the court even as administrator says that that does subject to the zero dollars and there's no how do you how do you say it's four hundred thousand dollars mortgage if someone can comes to buy the house they want he settled with a four hundred thousand dollars obligation to your clients in addition to what they have to pay for the aside time to argue for us today just sign the discharge and literately the other sack that also a fair question your honor but it doesn't really get to the procedural issues here which is that they haven't  controversy requirement on the you know conduct it does get to the procedural issue on count two i mean how come one because if we find his jurisdiction undercount to then the argument on count one is that the misconduct alleged there is related to the misconduct with respect to count two and that are using their positions as priggish areas to benefit themselves individually that's the argument so so i think it is apt to know what reason  rate they have this agreement that says something was supposed to happen at date certain that thing did not happen for reasons that are not in the record and now they want to execute on that agreement it's not really actually the agreement and the certificate of death which is a style help lashon and then the other option would be bringing syrup in jurisdiction and where the court would have personal and subject matter or section over the dispute which it's not you've itself executing your business self executing in the condition for to be so vex you to use it somebody filed that's a little bit different than what he was asking you whether you would just charge it it's part and parcel of this negotiation that they were doing with regards to syria steve can i ask you a separate does the fact that the party that's bringing the suit could end the suit by filing the with the registry keys on its own have any effect on our jurisdiction independent of diversity jurisdiction what how is this really a controversy if the fight is over whether the mortgage should be but just on that on that point if the fifteen thousand dollars piece this is what's the actual dispute that affects the diversity jurisdiction point absolutely equitable claim is affectively not which we haven't addressed yet in my portion of the argument if you can hardly separate count you then i think that you're at now since it's accurate i'm not sure about massachusetts but in most jurisdictions when you see you doing a title search and you see a mortgage the next thing you look for is a discharge of the mortgage or a release yes or here are you that so do you what assurance can you give us that filing a certificate of death in a copy of the massachusetts law that would say that would give as clean title as a discharge that's true but no and it's also no one has said either that that self help remedy would not be as effective as a discharge so if i can proceed just to talk a little bit more about you know how the amount of controversy requirement is typically determined it's by looking at the complaint as we've discussed success rate they're expecting one thousand dollars pl well you know i looked at the complaint and really doesn't say that it it doesn't say my gammage is a fifteen thousand dollars it just relates in one of the allegations that i've been damaged fifteen thousand dollars because of this delay but it doesn't limit the is i want to discharge of one hundred thousand dollars mortgage that we would treat that is one hundred thousand dollars claim and so someone could bring that but if if the delay in doing that also cause some other damages the person could pile on with those but he's not limited to what he piled on with you've still got the district issue and i understand i have the dickel but i think that when you're talking about mortgage you're thinking about mortgage in the traditional sense where there's actually a loan amount closing on it there's nothing to be done to it other than you know taking some action for formal recognition of what was effectively discharged in twenty seven's could i ask a quick question  associated with the amount of judicial resources that this family dispute is is taking up and it really comes down to the discharge of a self executing mortgage or should have been discharged there's epic everybody recognizes that  and you know i started just seems a little shocking to me that we're spending all this time on this one when it should just the part should just be discharged and if they continue to have something to fight about the issue about it some place else i think concludes arguments for today this session of the honorable united states court of appeals has now recess until the next session of the court god save the united states of america and this honorable court counsel you may disconnect from the meeting