i will quickly call the day calendar of counsel could just indicate their presence mr ryder's you're here good j p morgan chase on submissions  that united states versus perhaps given the levies extension banks centaur got yesterday of an hour if i could get three additional minutes for questions the  is sorry when the red light comes on we'll hear you up to the point a red light comes on and then you can wrap up and ok this thank you the district court made it a ro judicial notice of the web a government website that would have produced a fact in the case the appellant clearly pled in is second amended complaint as well as as well as in the motion opposing s judgment and affirmative defense of a corn satisfaction of the common law of the state of connecticut the district court simply ignored that pleading it made no articulation it did not address it in either of those circumstances there was crudely a hundred thousand dollars extra attached to an escrow account the judge just overlooked that fact i don't believe there's anybody in the sixty four people in this room that would controversies between them one with the two thousand and four connecticut case one was a two thousand and nine d d c case involving for a o the f b i a act these were all settled and a random number was reached a two point nine million dollars and a new mortgage document was issued there after and also involved in that negotiation was in addition of a sort of an outside an out lier he lock alone that got brought into that settlement discussion in connecticut a and a corn satisfaction produces a new contract as a new contract it would automatically be  sixteen thirty five day the rescission of that new agreement created what is the biblical interruption of that contract to deny a late it in a radiative the contract there was no more mortgage contract j p morgan chase who is your saying i'm resending it's based on the case on the space on what what triggered the rescission rescissions don't the borrower what the borrower just simply trigger the place we look back at how this loan was saddled with judge smith and i want to quote i'm of the opinion this case is settled in the terms and conditions of this case supersede and supplant any claims of defense as a previously existed or the claims of defenses that previously existed have been merged into this new bilateral contract you have settle this lawsuit settling of a lawsuit in connecticut creates a new contract a new mortgage document flowed from there which created a new contract which had teal rights attached to it the borrower then at a point in time there was completely current on also obligation to j p morgan chase rescinded under sixteen thirty five five a the mortgage the mortgage agreement and j p morgan chase us ignore that we just need to look at riverside coal the controlling law in the state of connecticut which says that when there's two contracts in effect and they are in and the intentionally torsion with one another the latter contract controls the early contract as abrogated in toto even though there is an express there is no express agreement that the contract would have such an effect it does have an alone is in accordance satisfaction the case presented by the appellant is significantly stronger than tail of you george bank we have read your papers were fully familiar with them if you'd like to wrap up in a sentence or thank you thank you very much i will reserve decision mr ryder issue issue a decision and of course thank you very much