case those affirmative defenses are that the plaintiff lacks standing as if from a defense that the the bar that you six fifteen respondents are bona fide purchasers in the defen then we have the pleading that f b i see subsequently assigning the note and mortgage to still that the petitioner here what's missing is that complete chain of title because we have it going out to bank of new york it never comes back in the public record there's no indication that it comes back instead it's oh one way street this way and then a one way street that way that makes the complaint efficient and supports this the dismissal of the cause of action on a motion to dismiss while the word standing is used sometimes even used by some of the courts in talking about it when you look at the two sore throat three requirement of the bogus civil procedure exits claimed in the unified c c r partner's case it said you have an affirmative responsibility as trace that entire jennifer tail that hasn't been done here on that basis alone the petitioner has failed to state a cause of action and this petition should be dismissed the court doesn't need to assignment of a public records you bank of new york that may be the f b i see still owns this asset but even if that were true there has not  can't be bound by what might you what may be out there when we have an assignment which is in the record which says the f b i see as receiver conveys green cells  them right that is a difficult issue for practitioners every general rule practitioners dealing with real estate are only backed by the public real estate record where i will acknowledge that that recording in the federal register registrar does under the case  convene in the public real estate record its interest to bank of new york bank of new york subsequently files in one go for closure action and the pains in judgment for closure when you when that and the thing with automatic right now is a bank goes under is taken over by the n t s b and then there's that publication in the federal registrar then the law says we do you charged with knowledge of that is my client i'm not qualified purchasers because if i bank says you're charged with knowledge of what's in the tax the proceedings but that's a divine bank that's they were charged with knowledge but that doesn't mean that every tax the proceeding is wrong and here clearly we've got an assignment of mortgage to bank and you work we've got undisputed service on bank of new york all on itself and our nation star which is an address listed in the mortgage and then we have a court decision finding that all the requirements of service are met so what do we have we have a public record that we have to look at we look at assignment in the public record we look at the tax the proceeding all of those things appear to show interest they sign if the bank new york correct and you describe the assignment then about a year later there's the mortgage foreclosure action directors initiate was notified people but then the f t c f d i c afterwards then assigns it to someone else you have been to new york and then a year after that assignment there correct essentially everything else occurs after that because you have a foreclosure action you have to tax the application actually proceeding which would normally be them trigger events and then you have these sale powers for four hundred thousand dollars plus based upon this proceeding all of that is in the complaint and that's why we don't have to go beyond that because we have here is a record completely set forth complaint which shows a b c d and when if i would paris purchase this property for a value there was nothing in the tax record to indicate that there was lack of jurisdiction or any other problem with that proceeding going on in the public record on which all the practitioners of the tactic purchasers all of the innocent people like of our being ours our own everything else in the process is going to rely on what's shown in the public record i think once you assign it to the bank of new york which is not a federal entity then you've lost any protections that you've had to say this transaction can never happen that can is completely void i think that you have an assignment to bank of new york that's what we all must deal with the only way the f b i cia i think can protect itself is the f b i see it as a receiver has got to be out there law requirement and the code the civil procedure says in order to walk into this court and to train state a claim you must leave the complete chain of title of the assignment of the assignment of the  really goes to factually there is no material question of fact because all of the facts are needed in the complaint and they lay out the exact time frame as to what happen and if you look at the time frame is just as carter said it's transferred out to bank of new york before any of the tax the preceding goes forward before the sale to the which says we're assigning one hundred percent of our interest that's what the assignment document says and again i can speak to the c f r section which was cited i don't think that was in the reason the that the assignment had no i don't believe that's correct they actually if we did there was a petition filed and in a minute petition filed and once the amended petition was filed i was fully cure there's no real replete ing it's absolutely undisputed that the loan was assigned to the bank of new york thank of new york actually for close to the judgment once you get a judgment you don't have a mortgage anymore and reason that that's interesting is the questioning that's taking place this afternoon galaxy sites howell c took an assignment of the certificate of purchase here which is the evidence of the pack sale from going to stay from the corporation in their state change in the entire us federal priority on its head it's the world's putting the world on notice that the f b i secret no longer is the legal owner of this mortgage trial judge i went through the entire procedure of who was served and how they were served he said nothing this is exactly this is probably the the very best area of the offer why thirteen zero one the jurisdiction is clear once let's count once the sheriff's office and the certified mailings in the publication and all the various modes of notice are provided the bank of new york the court has  that this is a reason the f b i sees a program to securitize these that longs is a fairly recent vintage question does a practitioner practicing in the tax the area need to go into the federal