start with the commerce bank judgment a judgment that is clearly erroneous in cannot stand the court entered a judgment against the suit family limited partnership iana nancy sue for six hundred ninety six thousand nine hundred eighty one dollars and forty nine cents commerzbank purchased lot one from the suits in limited partnership for four hundred sixty nine thousand dollars refund of four hundred and sixty nine thousand dollars purchase price plus forty six thousand five hundred dollars that was paid by a chicago title to settle with obama and by a were released of ottawa mechanics lane in recovery of its attorney's fees and cost which totals some two hundred twenty seven thousand nine hundred eighty one dollars and forty nine cents there by writing at the total of six hundred all of those things were a by chicago title insurer commerce bank this is stay no will financial damage whatsoever in this case if they they didn't have bounds mechanics lines first mechanics when for the wrong way construction is clearly invalid because there was no rule actually performed on watt's one through five  that no written contracts existed the cork also found the manner whether it was written or verbal isn't there a pretty good argument there with respect to her way one you raise an excellent point just right the problem with that is that the two basic elements that must be set forth in the record of mechanics when those have to be strictly construed and one of the things that needs to be done is a short concise state your statement as to the what the contract consisted of but it doesn't have to be written it does not have to be but here they are you say going to fight this even sent so the problem is again with him explain statute is to be strictly construed as far as meeting the three specific requirements is that what you have to set forth in the purpose of that is to give notice to the property owner can to have some basis to determine whether there's any presumptive limited to the claim of limb or not and this does not provide that kind of notes thank you there is another major problem with the trial court's conclusion that the suit family when the partnership entered into in rural contract with otto because it was the court found point to any allegations of agency by mr bryant not that the services were s t s consultants that could form the basis for allegations for the formation or contract and for the reasons we believe the judgement may please the court and he was trained by me and i represent commerzbank in this matter judgment was entered in favor of commerce bank on july second two thousand and fourteen on his claims against of helen's relating to the sale of real the land claim of the obama had been resolved and fully settled and even produce a signed release at the closing which the court found induced commerzbank to purchase  suit family women are shipped four hundred sixty nine thousand dollars for this property obviously as we know now and the release was not recorded although it was represented at the time that it was to be recorded that it was the only thing left still by the link by a movado bomb despite super limited partnerships representation of the closing that that's not what you're going to have i'm going from here to the recorder's office and are going to satisfy what i've said here i think what we asked for was anything we may have i'm sorry i didn't look at that before this morning are this afternoon i'm sitting on a reason that i've been at these questions is because the judgments have to relate to the cause of action and there is very distinct differences between claims and war planes contra and this goes to the types of recovery you're entitled to i mean with a contract images you have problems clear implication of this is that congress banks not only been made horrible but his received the windfall they had received the approximately seven hundred thousand dollars in damages from my client they have clear title to a piece of about that's right that's right there's no fraud here because the status made at the time they were made were believed to be true let's let's talk about measuring damages ok there was a there was a plane on the property where it was misrepresented