a last i know the th and asked how much was due and they told him the amount and that it was correct as of the date that he call but by the time the money had been received the foreclosure proceeding it started and while as lawyers we think of foreclosure proceedings starts when the cases filed but as a mortgage servicer that's not how it works because a mortgage company can't bring a suit on itself it has because it i the money eventually got there by from western union but when the money got there is is the issue in his affirmative defense mr perera pleaded i believe this paragraph six of his a mentor from the defense that on the same day he sent the money that's when i sell ascot but he didn't submit any evidence to support that conclusion it's that it's akin to the mailbox rule normally when you put something in the of the timing of the receipt and at no point has he ever established the timing of the receipt or how he would possibly know it and during the arguments it was conceded that mr herrera doesn't know the time of the receipt well it's a he's making a conclusion he's saying i know and it's not disputed that he knows that he gave the money to the currency change but he's drawing the presumption from one of the timing of  and there's no evidence in the record that he not that how he could possibly know when the money was received there is none and in fact it was saved not once but twice during oral argument at the summary judgment of the trial level that they don't know money got there in look the way it was written was that and again i don't have it in front of me i could pull it out of the bank but that i have reviewed the allegations in my pleading and i believe them all to be true correct and that was all it said more expansive than a simple verification you can't simply verify your pleading and say now you know i'm entitled to summary judgment it requires more and it requires you to as stablished not just this is what i believe to be true the st district said well that doesn't get you where you need to go you do it you need to establish that they didn't send not that you didn't get it but that you didn't send it and this is the this is like that in this case he saying why it but he's not establishing when it was actually received no the money had been return concerning a letter that was never entered into evidence in this case and that was the august th two thousand and sixteen response to our request for information now it was in that letter that s l s said we began foreclosure proceedings on august th two thousand and fourteen and then immediately said foreclosure proceedings were started on august th twenty four dollars sincerely and consistent this is the letter where they claim to have received the broken up payments and certain dates however quick like payment processing system in order to cover his a rear ridge of six thousand six hundred and fifty dollars forty five cents and reinstate his mortgage loan of that amount six thousand six hundred and sixty dollars was designated as  thirty five counsel never mentions us forever made a lump sum payment and he was told that they couldn't accept that he got on the phone with a representative of the us and this is fourteen was six thousand six hundred and fifty dollars forty five cents so when they try to argue that this notice of default and intensive for close expired by its own phone call he made after the initial lump sum payment was rejected so on and so forth it's in there judge carney properly denying their motion strike the af sufficient information to admit or deny other things and the affidavit attesting to the one of the it was not attached so i understand that legally those things for which claimed a lack of information to admit are admitted but none of those things are things within as allies is now and they are within the defendants now whether mr pereira handed the money to the clerk at the western union is something within his knowledge but believe stated that mr pereira called up as a last and as a last said oh we can't take a lump sum payment or you have to make you have to break it up into two pieces that's something that