note that was that was originally made payable to an entity title fremont investment and loan that was executed back in two thousand and three i way back down under section three to one of the only commercial code of quieting the status of the holder requires proper position that claims failure to effectively show a proper chain of title is comprehensive and rooted in the nature of the alleged corporate sign in a mortgage that was attached to the complaint of foreclose and that was relied upon by plaintiff to quell uncertainty regarding its ability to sue as has been asserted throughout the course of this litigation by ben and zeppelins notably in the firm of defenses as well as in their response to the summary judgment motion it's you noted that there was a specific date after which the trust could no longer accept transfers that current date was may thirtieth two thousand and three when the alleged transfer based on the verbiage on the assignment was plane assigning this vasant approach argues that even if we did produce evidence your demonstrating the assignment violated the relevant be as willing in service agreement in this their position that we did not have on even if we did do this show was the said hey listen we're not we're not seeing it in a to meet approach from illinois we're merely clarifying new york law with regards to us with regard to this matter  except is authorized by this article and by any other position of law is boy on essentially just kind honest so on the surface just based on the plain language that would seem to render an action like district essentially concluded the bassman just summarizing your approach didn't come up with you know its own idiosyncratic way of doing things it just basically summarizing your approach also and it also pointed out that that there were witch trial is going to be it is going to be prohibited from being able to challenge the terms of that trust based on a lack of standing ironically by and the reason david they're not ready to do that is it's to be considered these contradiction to the nineteenth century prose has been more and more of these these albums are considered boy soul of the defendant's going to last standing on and sold through quickly i would say that we have two positions on this seeing whether or making it clear showing that the consequences of a beneficiaries ratification would be so severe that no reasonable beneficiary would ever do so when there are any circumstance on this is an approach that served actually belated in illinois by journal article put together and retains all of the tax exempt status the sort of stand alone own but there are some arcane tax rules governing these entities and i made the mistake of trying to get through the internal revenue certain traditions of the internal revenue code which is like high school spanish all to the issue of ratifying this from our standpoint given the nature of these remakes there's no conceivable way that you know potential beneficiary would sign on to something where would open them up to losing their taxes a is a little bit more of an open question and i believe even the bassman corner i don't have to remain in language but it says something to the fact there are some contradictions here and it's not for us to sort of figure that out you know you have a plain language statute which says very specific days you haven't we have an initial line of cases the nineteenth century ones that it's it would seem to affirm that and some later pieces that that don't it appeared type of situation this would seem to be something that is that would be very material to assessing the legitimacy of the transfer and would simply argue that  it we're not going to adopt an approach it's a useful it is a useful rule conceptions and to approach it from the standpoint of this question from the standpoint of if it's based on whether a prospective beneficiary would buy this is the reasonable scenario it could be contemplated where that wouldn't happen and i believe in it if we're talking about arcane tax statues