POINT II
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        FAILURE TO FILE SATISFACTION OF PAID MORTGAGE WITHIN 30 DAYS IS
        A VIOLATION OF RPAPL 1921 AND N.Y. Jur.2d Mortgages Section 375

            Plaintiff-Respondent filed a Notice of Pendens (A - 43) on
        the paid and satisfied mortgage as Plaintiff-Respondent's own
        Certification of Loan Payoff shows (A - 174) and their Notice of
        Satisfaction (A - 175).  This was a clear violation of law and
        as such Defendants-Appellants cite the following from 78 N.Y.
        Jur 2d Mortgages Section 375 which states:

            "While the mortgage is extinguished by its payment, the
            instrument executed by the mortgagee to remove the mortgage
            recording of a mortgage creates a lien against the real
            property and necessitates the recording of a formal
            from the record.  Such an instrument is called a
            certificate of discharge, a certificate of satisfaction,
            or a satisfaction piece.  The instrument is the exclusive
            property of the mortgagor and can only be used or recorded
            by or with the knowledge and consent of, the mortgagor.
            Should the holder of the mortgage fail or refuse to execute,
            acknowledge, and deliver such satisfaction piece, the
            mortgagee has available a number of remedies, including
            a statutory summary proceeding for an order canceling
            the mortgage of record."

            "A mortgagor has a right of redemption, that is, the right
            to pay the mortgage and clear the legal title ... but if
            the mortgage was recorded, the mortgagor is entitled to a
            satisfaction of the mortgage..."

            Blacks Law Dictionary defines mortgage as cited below:

            "1.  A conveyance of title to property that is given as
            security for the payment of a debt or the performance of a
            duty and that will become void upon payment or performance
            according the stipulated terms.

            2.  A lien against property that is granted to secure an
            obligation (such a debt) and that is extinguished upon
            payment or performance according to stipulated terms."

            Plaintiff-Respondent's intention appears to deceive
        Defendants-Appellants to make it appear that they intended to
        pay off and satisfy the original $162,000 1995 loan and
        mortgage, which they did, as their own internal payoff letter
        that was presented at closing shows (A - 176).

            Plaintiff-Respondent fully presented to Defendants-
        Appellants in their documents, which were noted above as the
        certificate of payoff (A - 174), and that they would be filing
        the satisfaction of mortgage (A - 175).

            Plaintiff-Respondent however, never filed their own
        satisfaction as they notified Defendants-Appellants and instead
        foreclosed upon it.  Defendants-Appellants cite the following
        law statute from RPAPL Section 1921 which states:

            "1.  After payment of authorized principal, interest
            and any other amounts due thereunder or otherwise owed
            by law has actually been made, ... a mortgage of real
            property situate in this state, unless otherwise
            requested in writing by the mortgagor or the assignee
            of such mortgage, must execute and acknowledge before
            a proper officer, in like manner as to entitle a
            conveyance to be recorded, a satisfaction of mortgage,
            and thereupon within thirty days arrange to have the
            satisfaction of mortgage: (a) presented for recording
            to the recording officer of the county where the mortgage
            is recorded, ... Failure by a mortgagee to present a
            certificate of discharge for recording shall result in
            the mortgagee being liable to the mortgagor in the amount
            of five hundred dollars if he or she fails to present
            such certificate within thirty days, shall result in the
            mortgagee being liable to the mortgagor in the amount of
            one thousand dollars if he or she fails to present a
            certificate of discharge for recording within sixty days
            or shall result in the mortgagee being liable to the
            mortgagor in the amount of one thousand five hundred
            dollars if he or she fails to present a certificate of
            discharge for recording within ninety days."

            "4.  In the case of a mortgage secured by property improved
            by a one-to-six family, owner occupied, residential structure
            ... if the mortagee fails within ninety days to deliver
            the satisfaction of mortgage ... the mortgagee shall be
            liable to such person in the amount of five hundred dollars
            or the economic loss to such person, whichever is greater."

            Defendants also cited in their Opposition to the Motion for
        Judgement For Foreclosure and Sale (A 345) frlom McKinney's
        RPAPL Section 1921, Subd. 4. (239 A.D.2d 68):

            "Statute requiring mortgagee to provide timely satisfaction
            of mortgage was enacted to compensate homeowners for any
            economic damage they might suffer from mortgagee's
            dilatoriness in issuing satisfaction of mortgage, rather
            than to punish the offending mortgagee."

            Plaintiff-Respondent is guilty of violating RPAPL 1921 and
        owes Defendants-Appellants monetary damages for the failure to
        file a timely satisfaction with the County Clerk.