details were glossed over and there were some clear misstatements of the facts in the in the magistrate judge's order i believe an accurate statement of facts would have mandated that we be a lock resent this case to a jury which would have undoubtedly ruled in our favor and here are some of the facts of the evidence on the record and november two thousand and eight i put twelve thousand dollars down on a home and made fourteen hundred dollar payments up until december of two thousand and nine and then became aware of the foreclosure immediately after we became aware of foreclosure on january twenty eighth two thousand and ten i sent a letter to the bendis outside counsel  requesting to assume the mortgage before the hearing was happening and the reason that there was an assumption that my background in another life was initially with general electric credit might get out of marine corps and i became a collection manager an experienced commercial paper of all types we had a five hundred out five hundred million our portfolio in general electric required that all of the managers understood all types of commercial paper so the quickest way in this situation to address the situation that we were faced with was simply to apply for an assumptions sumptuously usually take thirty days they're beneficial because there are no closing costs and in the fees are a lot less who at that point was a mortgage she has been sent and we proceeded to do that in march seventeenth two thousand and ten one month after we got the response back from outside counsel we received the consent mr tiffany our hearing was self in may two thousand and ten when we met outside counsel for years no application was sent none chapter seven i filed an adversary the result of the adversary was judge judy's a bankruptcy court signed off on a settlement that allow us to have a quick claim deed we also filed a complaint which is part of the record with the attorney general because john tiffany was a realtor i had essentially stolen our money so in december two thousand and thirteen resurgent capital in response to  requests one attorney general to investigate why we've been deny the assumption since a letter back saying they don't know how to get in contact with mr tiffany story years after completed in faxed and emailed and snail mail it several times they claim they did and we get get it in response we filed in two thousand and fifteen several complaints with the consumer financial protection bureau they began  complaint they withdraw share sale and then they changed the terms of the agreement the application that was sent now demanding that we pay back the interest and catch up the lo finally in march of two thousand and fifteen the dispended claimed it needed authorizations again from john to fifty five years after it received and also in the letter of march two thousand and fifteen it indicated it it can't even tell us what the balance was in till they received the authorization which they had received additional evidence is there is no affidavit from the foreclosure counsel deny he discriminated end of this well what we have to do was after the ruling of the district the magistrate court they again filed for a share sale and we had to file a chapter thirteen with a chapter thirteen saying right now i am individual in chapter thirteen right now so that's where this is at right now in the chapter thirteen to assume the mortgage coming in and who's and who's the debtor i am the debtor based on the land contract and and the quit without any evidence in a record that it appears that for four years we did not and that's not true in the record it also argued the district court found that that well resurgent is who started this thing and they were bought out by shell points so what does show points liability well first of all for three years resurgent did nothing on an assumption that once we have given the authorization which there outside counsel requested and you understand that this was supposed to be nothing more than a simple assumption and here we are eight years later well with the last communication with shell point we still don't and we're asking for reversal we believe there's enough evidence to go to trial the suspicion that arises in the employment context when you have a minority applicant and any non minority applicant competing for the same job and the non minority applicant gets the job you know there's no reason the burden to the fact that this telephone call actually occurred and none of that is in the record all that's in the record is mr simms statement that there that he spoke with this individual by telephone and this was her relationship with regard to this transaction at the time of the alleged statement which would have been in march of two thousand and fifteen i believe he was employed by shell point and what with regard to this particular  transaction what was her position she had anything to do with it i believe that he was there is i believe she was in the they call it the last medication department that's in charge of into three buckets he alleges that shell point the late in processing the loan application that they discourage him from pursuing the loan assumption excuse me and that he was treated differently based on his race on the on the first  company and acquired the rights to services mortgage loans so the district got exactly right many say the record was really a void of any evidence that would link shell point to any of these actions in the proceeding four years  that argument is weight as far as his assertion that show point it discouraged him from you know continuing to apply for the loan assumption and you know fact matter remains that there were a number of written need these certain docs ok in march of two thousand and fifteen shell point again wrote mr simpson advice him that they needed certain documents which were not previously provided and that the sims need to provide those documents and they did not in the same happened in june you know decided that they weren't you know that they were going to actively discriminate against him in the one assumption process first of all that meeting was in twenty and so it's unclear how shall point you began sourcing one four years later would have been and boots with this foreclosure lawyer to back in the sixty's there was a way that african americans were allowed to vote they have to go in the south and it was a jar of jelly beans and you have to count the jelly beans you can vote but you got to figure out the jelly babies this is the yeah we give you the right to apply for an assumption but it's always it wasn't the document it's always we need to get mr tiffany's authorization with they've never denied that they haven't gotten ass to meeting the burden burden they failed to do that with good t o cox who is a supervisor their own discovery indicates that we were told to work with heart and that's what she told us and always had to do was provide this information came on