POINT I
                             -------

        THIS FORECLOSURE ACTION WAS INITIATED ON A MORTGAGE THAT WAS
        PAID AND SATISFIED__________________________________________

            The Original Decision and Order (A - 25) held that the
        original 1995 Mortgage being foreclosed herein in the amount of
        $162,000 was satisfied:

            "Defendants allege the $162,000 was satisfied and not
            in default.  They are Correct."
             (A - 25, page 2)

             "The Bank acknowledges Loan #4061738 in the original
             sum of $162,000 was satisfied..."
             (A - 25, page 3)

        Defendants-Appellants original Cross Motion in opposition to
    Plaintiff-Respondent's initial Motion For Summary Judgement showed
    the Lower Court as Exhibit 02-a (A - 174), and again in
    Defendants-Appellants' Affidavit in Opposition (A - 338 -> 386)
    (actual page A - 357) to the final Judgement For Foreclosure and
    Sale, the certificate given Defendants-Appellants which, inter alia
    stated:

             "Wells Fargo Home Mortgage
             This certifies that Scott E. Webster Jean Allen Webster
             has paid in full loan 685-4061738 on May 23, 2005 for the
             property of 18 Fair Street, Cold Spring NY 10516*"
             "* This certification acknowledges receipt of funds
             submitted as payoff of the above referenced loan."

            This was further confirmed in a writing dated May 24, 2005,
        and mailed to Defendants-Appellants who submitted it to the
        Lower Court as their Exhibit 02-b (A - 175), and in their
        Affidavit in Opposition (A- 358) which clearly states for for
        the 1995 mortgage, loan number 685-4061738:

            "Congratulations! We are pleased to inform you that we
            have processed the funds necessary to pay your loan in full."
            ... "We will mail loan satisfaction documents to you or to
            your county recorded, according to your state guidelines."

            Plaintiff-Respondent did not file the satisfaction and
        instead filed the their foreclosure action on a mortgage that
        they knew full well was paid off in full and where they assurred
        Defendants- Appellants would be duly recorded.

            Plaintiffs-Respondents submitted in their moving papers as
        an exhibit, a copy of a title search by Prime Title Search
        LLC., as their tab "G" which Defendants-Appellants attached
        in their Cross Motion as their Exhibit 01 (A - 173) which
        stated:

            "(A) MORTGAGE TO BE FORECLOSED
            Mortgagor: Scott E. Webster and Jean Allen Webster
                                                  Amount $162,000.00
                                                  Dated: August 24, 1995
                                                  Recorded: September 5
                                                  Liber:  2110 Page 320"

            Defendants-Appellants attached as Exhibit 02-c in their
        Cross Motion the payoff letter from "Mortgage Services" at Wells
        Fargo that documents and carries the same loan number
        685-4061738 (A 176) and is an acknowledgement from Wells Fargo
        of the amount to be paid off, as faxed at closing time.

             Plaintiff-Respondent then used this documented paid off
        mortgage to assert "latches" against Defendants-Appellants Cross
        Motion (A - 154 -> 230) as they stated in Plaintiff-Respondent's
        Affidavit in Opposition, paragraph 18 (A - 98) which reads:

            "It is also respectfully submitted that Defendants'
            claim of predatory lending is no longer a valid claim
            as latches has attached.  The Defendants have attemped
            to allege that they were pressured or forced into executing
            the Mortgage loan.  They have merely ratified the terms
            of this loan and cannot now argue after eleven years that
            the origination of the same was not what they expected."

             Plaintiff-Respondent had filed a Notice of Pendency of
        Action (A 43) and attached it as their tab "H" in their Motion
        for Summary Judgement (A - 87 -> 153) which was dated December
        14, 2006, the same day as the filing of the Summons and
        Complaint (A - 33), and Defendants-Appellants attached it as
        Exhibit 02-d in their Cross Motion (A - 177) Affidavit which the
        notice states inter alia:

            "...for the foreclosure of a mortgage bearing the date
            the 24th day of August, 1995 executed by JEAN ALLEN
            WEBSTER and SCOTT E. WEBSTER, to secure the sum of
            $162,000.00, and recorded at Liber 2110 of Mortgages
            at Page 320..."

            As the entire foreclosure action is based upon a mortgage
        that had, by Plaintiff-Respondent's own admission and documents,
        been paid and satisfied, this Court should declare that the
        underlying mortgage had been paid and satisfied, and order that
        the Notice of Pendens be vacated and dismiss the entire action.