two million seven hundred thousand the longest secured by the remaining eighty nine lots in the pheasant ridge subdivision in rantoul a lot of unlocks and been sold and used to reduce the loan balance from judgments too long new forms he had three sales contracts for ninety thousand seventy five thousand nine hundred eighty five thousand total two hundred fifty thousand nine hundred dollars at the time the fair market value of the remaining eighty nine lots was four million five hundred thousand dollars in january when harold approached his fisher bank read in a letter this is that the appendix a forty five stating that it was the bank's desire to liquidate the properties as quickly as possible with the stupidest banks benefit sent that letter of the bank to and that letter was written by michael s the president of the bank jeffrey wampler immediately sent that letter to the i r s that's at appendix a forty eight then on february three there was a meeting just want there was there and harold miles who is here was there an air exposure who's here on the left the bank was there and they had a meeting about how to get the lot sold letter he stated official bank will redeem the letter by the way it was to the i r s and it said fisher is fisher bank will redeem the delinquent real estate taxes the purpose of the letters to request certificates of discharge and the remaining properties on the second page of the letter he said also enclosed is the february ninth two thousand and six letter from fisher national bank confirming that they are going to redeem the delinquent real est waterman attack sale or whether they just had to be paid i do not recall that but either way they could be redeemed there's no dispute about the fact that so you know prevention is a term of art that refers only to taxes so  one hundred forty nine thousand two hundred sixty seven dollars three cents and that resolved the real estate taxes for two thousand and four the real estate taxes for two thousand and five are not yet d the between february three and march twenty one two thousand and six heralds sold ten more  lots at sixty thousand dollars a lot and those contracts were submitted to the i r s and happy days of those contracts were sent to the bank as well so in addition to the first three lots that he had contracts far you had ten more for a total of thirteen the iris i'm a pro five issued a certificate of our greed to issue a certificate of charge for two of the we've approved and then we'll process the others as it turns out it was the ten additional contracts harold had enough proceeds to pay off the heiress lien completely didn't actually need a lot by lot really she could pay off one hundred  five thousand completely pay out the real estate taxes for two thousand and four the real estate taxes for two thousand and five which were not yet do pay off the forty thousand dollars judgment along you and have money left over to pay down the principal balance and he had seventy eight lots left after that to sell with the appraised value being four point five million dollars on a loan that was two million dollars after the i out so the i r s said ok you can substitute one of the other contracts but harshbarger workers so you still have to approve contracts at the time the bank was holding an escrow of a year later actually later in the year the bank filed for foreclosure on doesn't read the only thing breaches alleged in the foreclosure lawsuit were the real estate taxes for two thousand and four and two thousand and five which is now the company no other breaches were claimed in fact in may two thousand and seven how the still paid up on has his interest payments the only thing he had to pay on the princip the first issue is whether or not the court contract correctly construed you agreed that represented by two less than the agreement the two letters states in three different places the bank wherever you gamed the two thousand and four or the delinquent real estate taxes and only two thousand and four as the way says that at the bottom of page eight thirty five of the appendix paragraph number one fisher national bank will regain the reading going to the delinquent real estate taxes the second page of that letter also encloses the february ninth two thousand and six letter from fisher national bank confirming that they are going to redeem the bill in real estate taxes and then eric sculptor in his february nine letter said quote this change in this change being court trout court correctly determined that it needed to resort to troll evidence to determine whether the bank did or did not agree to regain their real estate taxes by april of two thousand and six all possible conditions that it might have argued against had been met harold had eleven buyable contracts to certificates from the s he didn't need a lot by lot approval by the iris on the remaining contracts but he had the intermediate approval an address and just waiting till the first two went through before they approve the other pat harris had no reason not to proceed but he really agreed to do was cause the redemption of the realistic tax that's the second point in our brief and the point that we're making here is even if the court acted this court access the tr course construction as well the bank really reached into his course the redemption of real estate taxes they didn't do that either there was more than enough money there to pay off everything and contracts to do it and the property was worth twice the amount of the remaining balance on the lawn so even if the court accept the second the trial court's interpretation of the agreement the bank breached that last to satisfy longview farms and the i r s you could use a sales proceeds to pay the delinquent real estate taxes that's the bank's version of you agree they breached that version of the agreement too there was a half contracts later description of what i believe the thing is that correct justice segment what i submit prepare a memorandum of your agreement that you believe what the agreement is and you sign and the other didn't say anything about redeeming the taxes but he said we're willing to let the i r s have fifteen hundred dollars flop because it's to our advantage to move the same forward and liquidate then on february ninth the banks as that it's a thousand dollars not fifteen hundred this changes due to the bank redeeming delinquent real estate taxes on the following day and that's signed by the bank on the following day eric staal sure writes the i r s and attaches a letter from every stock or of the previous day and says fisher national bank will redeem the delinquent real estate taxes and then in the next page sadness also encloses a february ninth letter from fisher national bank confirming they're going to redeem the real estate taxes and a copy of that was sent to eric salter and michael estus and then eric staal to write on his copy of it the amount needed to redeem the real estate taxes i would submit to the court that's more than a memorandum of the would submit that this is a binding agreement that the redeem the real estate taxes whether to be a modification of the mortgage which i would say this they've agreed that to the advantage of both sides for the bank to do that or w issue it's whether it's against the manifest weight of the evidence which is whether the opposite conclusion is clearly evidence and or it's arbitrary and unreasonable for the judge sided way dead and when you are all miles testif two thousand and eight when i first entered my parish for help files in the underlying mortgage foreclosure case and then finally the third time he testified it was in february two thousand and seven while his partner ric else was preparing the the response t mortgage case so again three different versions of it then no one said erik spotters latter was an accurate it's a separate matter it says the same thing that the bank will redeem the real estate tax realized in february of two thousand and seven before responsive pleading was filed in the underlying foreclosure case the original foreclosure and president ridge that he believed the letter was in the right in his testimony on it would be conflict with is about the trial court upon hearing the testimony of the parties and of the witnesses and whether the trial court correctly resolved conflicting testimony regarding an oral agreement reached on february third two thousand question is how does a vice president of the bank in the year touring we're talking about millions of dollars happen to use the same language as the bait is going to redeem the taxes and then exploited away by saying they're poorly word i don't know exactly what that term meant at the time it was written i don't believe there was any testimony even in even in discovery as to that as to that i do know what is clear the bank said look i'm not sure that i just don't think he was misled into believing that course of action was right that he testif you have to pay these taxes yet i think that i don't know mean that wasn't there is no testimony to that effect just what the bank keep track of whether the real estate taxes w didn't tell him that he had a defense based on these letters well carol disputed that that was the judge decided that was the side issue credibility during the opening part of the discussed either letter with carol miles and the but the handling of the case if jeffrey want to really believe this that i'm that his letter and accurately stated the agreement in his testimony and what the agreement really was it would conflict with her old miles position there's no way that they could continue to represent harold miles in that case the prior appeal was that you know artist of two thousand and eight i started to represent help miles in the mortgage foreclosure case professor richard and i tried to raise these defenses and the court ruled that my motion to do that was a motion for reconsideration and that sense help miles and his attorneys knew all these matters before the judgment of foreclosure was entered that they couldn't raise and this court farmed justice pope wrote the decision so these issues in fact there's something in that rule twenty three opinion of this court in my brief that said well if miles had brought these issues to the attention of the trial court before the judgment of foreclosure that the court could have held an evidentiary hearing and thrash out these issues so they were never decided on the merits with respect to the credibility if one of the reasons that i would submit that it's against the manifest weight of the evidence on three separate he asked him about twice and jeffrey whopper testified about it three times about when he first included his letter was inaccurate the original time was  the judge recall that nobody asked jeffrey wampler neither lawyer said when did you decide it was inaccurate the judge called him this is on page eighteen of my brief by the way just going through this and he said i wanted to become aware that the letter was inaccurate incomplete and he testified when harrell sued them for malpractise that's august two thousand and ten then i cross examined him and he said no it was really when i first started to represent  foreclosure case august of two thousand and eight then just him some more questions he said actually it was before the rebels prepared a response to the mortgage foreclosure case which was february two thousand and seven