taking advantage of those who belong to a protected class and housing related transactions is a violation of the fair housing act this case was dismissed at the pleading stage with no woman little while the only amendment made the initial complaint was to attach a contract the complaint alleged discriminatory intent using perhaps badly the colloquial term targeting targeting does have a history of use by the by the courts as the civically it was used to describe intentional discrimination in hargraves versus capital city mortgage corporation which is a two thousand case out of the district court for the district of columbia the defendants intentionally recruited people of eastern european a religion and they did this through advertising and recruiting using a shown since people with eastern european national region were the only ones hurt by defendants then necessarily more people of eastern europeans originally were impacted than all other people combined but that's a standard of proof  not necessarily one we would have used in this case this is a case about intent the court may not go so far as to say whether or not we have disparate impact here the discrimination was intentional people of the eastern european national region were chosen on the basis of national origin for the looser a service provided at high costs related to the ownership of residential property leading to the loss of that residential property in foreclosure or alternatively before the foreclosure through deed being signed over yes it affects whether or not one is able to hold the housing whether or not one can maintain the housing and if one loses the housing in foreclosure and has a victim one certainly hasn't maintain that we didn't have anything to do with them acquiring property there  eventually one the one that they lived in at the time that all of this started their home one knocks they lost title so that through a completed foreclosure there are other property which you properly characterized as initially being their rental home which they were able to move into was in the initial stages of a foreclosure for reasons that i don't know what i know but i mean it's not related to how save a home mr barron said sign a quit claim deed over to one of my company and they did and it was my initial work so they would have a place to move into to get a quick claim deed back so they could be back in title and then i called the attorneys who were in the very initial stages dential home yeah when that they were in the first place the one they were in  a loan modification then initial one that they were living in was in foreclosure the foreclosure was quite far advanced when i got involved and just fortunately through some circumstances that arose i was able to contempt for closure sometimes drafting mistakes can or technicalities even the bank at the last minute requiring people execute an unsecured note can still leave our homeowners on the hot after they do a immigrants here ira their first generation your honor so whether they have a thick accent yes your honor and i think they would say that romanian is their first and what i think they would say romanian is their first language  related to the medical field so much that they can run a home health agency which is an up and down business right now when we look at the fair housing act which your honor raised whether or not the behavior twenty they talk about whether what what is included and the availability of loves and financial assistance is a drastic and refers to providing information which is accurate and in that it's in the  and i think that is very important because that disjunctive is use there so providing inaccurate information isn't enough and that defeats in my view the theory that i need to have a control group of non romanians who receive accurate information hundred sixty six which covers race and from that's that's that's groups to reduce right and then the fair housing act covers national ridge and your honor and race but we don't have to make that they are not in terms of providing services services that were provided by the law office was to defend the plaintiff in the underlying foreclosure action and a crucial element of the two alleged no way that they can prove that there were an enemy targeted or that the contract it first of all they did not have a contract with mr barrett the only contract there are two contracts that are at issue here there was one with a defendant who was not a party to this were non bermudians and as the district court correctly pointed out in terms of the civil rights violation seem to have to prove that there was intentional discrimination company is that they were discriminated against because of the place of our region where they were from and as this court is well aware that national origin is not a puff is the cause of action under the civil rights act have to allege the contract between them and the office was in any different and i just want to make sure that i touched on the issue of the post seal discrimination under the f h a because i know that i believe that that is the avenue through which the plaintiffs are alleging that the having that action but if you look at the black case it is obvious that even though that he has dealt with a post discrimination action that then did go back to the making off the contract that the time of sale and so they're saying that even though the actions that occurred here were poll see a they knew at the time when they bought the property there was an agreement  she did sign the consent judgment so and and there are other cases where the plaintiff's attorney has brought these exact word for word allegations against other attorneys and it just shows these also isn't even you have this morning stated in again that the property was lost at a foreclosure so we believe that b is done when you take everything as a whole oh this looks litigated the complaint the response is the br foreclosure sale the way the illinois mortgage foreclosure law works is that after there is a judgment however it was obtained the property goes to a foreclosure sale that is an auction is auctioned off and after the auction the judge confirms the sale that process may be shortened a little bit certainly more convenient after consent we had no choice but to do a consent one as an experienced protect practitioner for closure of so many years i came in and said you've given away through this first all of your marbles that we could have saved for you and there were so cold affirmative defenses answer and i want to just point to th would not have withstood summary judgment and i would point to the bednarz case as an example that says for example you have to go through and make an denial of the implied allegation i worked with what i had in terms of making that assessment if i had an answer over the existing answer those answers remain in the record and as a judicial admissions and they still support summary judgment so these people very truly did lose their home and foreclosure there are some idea that we've come in here and made a bunch of allegations against a bunch of attorneys and they don't work and we just still keep coming back that is just not true i'm not going to go into the procedural pastor the fenton case because that's before this court and counsels not here and that wouldn't be fair but that has not been denied ever by anyone by anyone but an arbitrator  as far as saying that there's not a fair housing act case there and by fair housing case i mean the core thirty six zero one sec you know not the thirty six seventeen to the wilderness case which they cited again in opposing counsel not here but that case has not been dismissed it is still under consideration it's in fact still under briefing so we've never been told no these cases just are never going to be viable because there are some