POINT IV
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        CAN A LIS PENDENS BE FILED ON A MORTGAGE PAID AND SATISFIED?

        NO: Especially where foreclosure is initiated by a plaintiff who
        has firsthand knowledge of that satisfaction, whether filed or
        not, and does not have actual possession of the original
        mortgage and note.

            Plaintiff-Respondent was fully aware when they filed their
        Notice of Pendency (A -  43) that it was based upon the 1995
        Mortgage for $162,000 that was paid and satisfied.  The proof of
        this was when they sent Defendants-Appellants the Certification
        of Loan Payoff (A - 174) and the Notice of Satisfaction (A -
        175).   Plaintiff-Respondent then deliberately witheld the
        Notice of Pendency from the Summons and Complaint (A 181) which
        shows for both Defendants-Appellants service of "SUMMONS AND
        COMPLAINT bearing index# 2742..."


            Plaintiff-Respondent changed the terms of the original
        refinance and created the Consolidated Mortgage (A - 194 -> 214)
        which is addressed in the Complaint (A - 34 & 35) paragraphs
        THIRD and FIFTH which states:

            "The mortgage [2005 gap $380,346.31] was subsequently
            modified or consolidated with the mortgage referred to in
            Book/Page 2110/320 [1995 $162,000] by an Agreement
            recorded ... to form a single lien in the amount of ....
            $522,200.00 ... Defendants ... have failed to comply with the
            conditions of the mortgage and note..."

            The Consolidated mortgage was the only surviving legal
        mortgage while the Notice of Pendency was filed on the original
        paid and satisfied, and this Court should order that the Notice
        of Pendens be vacated as Defendants-Appellants requested the
        Lower Court in their Cross Motion in Opposition to Summary
        Judgement (A - 172).

            Additionally as Plaintiff-Respondent admits on the Complaint
        (A - 34) "Said mortgage is to be assigned by an Assignment to be
        recorded in the Office fo the Clerk of PUTNAM County." In other
        words the assignment had not happened when the Notice of Pendens
        and Summons and Complaint was filed (A - 33) December 15, 2006,
        and was not assigned to Plaintiff-Respondent until January 10,
        2007 (A 417 and 416).