POINT XIV
                              ----------

        THE CONSOLIDATED MORTGAGE WAS THE ONLY SURVIVING AND SUPERCEDED
        MORTGAGE AND PLAINTIFF-RESPONDENT WITHELD THAT FACT FROM THE
        LOWER COURT

            Plaintiff-Respondent presented Defendants-Appellants at the
        refinancing closing as a take it or leave it Consolidation
        Agreement (A - 184) with an attached Consolidated Mortgage (A -
        194) both dated May 16, 2005.  This is a Fannie Mae/Freddie Mac
        Uniform Instrument Form 3172 1/01 document which provides on
        page 2 of 9 (A 185) the following:

            "II. AGREEMENT TO COMBINE NOTES AND MORTGAGES (A) By
            signing this Agreement, Lender and I are combining into
            one set of rights and obligations all of the  promises and
            agreements stated in the Notes and Mortgages including any
            earlier agreements which combined, modified, or extended
            rights and obligations under any of the Notes and
            Mortgages.  THIS MEANS THAT ALL OF THE LENDER'S RIGHTS IN
            THE PROPERTY ARE COMBINED SO THAT UNDER THE LAW LENDER HAS
            ONE MORTGAGE AND I HAVE ONE LOAN OBLIGATION (emphasis
            added) which I will pay as providedin this Agreement.  This
            combining of notes and mortgages is known as a
            'consolidation'."

            "III.  AGREEMENT TO CHANGE TERMS OF THE CONSOLIDATED NOTE
            Lender and I AGREE THAT THE TERMS OF THE NOTES ARE CHANGED
            AND RESTART TO BE THE TERMS OF THE 'CONSOLIDATED
            NOTE'(emphasis added) which is attached to this Agreement
            as Exhibit C." ...

            "The CONSOLIDATED NOTE WILL SUPERSEDE (emphasis added) all
            terms, covenants, and provisions of the Notes."

            "IV.  AGREEMENT TO CHANGE TERMS OF THE CONSOLIDATED
            MORTGAGE Lender and I AGREE THAT THE TERMS OF THE MORTGAGES
            ARE CHANGED AND RESTATED TO BE THE TERMS OF THE
            'CONSOLIDATED MORTGAGE'(emphasis added) which is attached
            to this Agreement as Exhibit D.  The Consolidated Mortgage
            secures the Consolidated Note and will constitute in law a
            single lien upon the property.  I agree to be bound by the
            terms set forth in the Consolidated Mortgage which will
            supercede all terms, covenants, and provisions of the
            Mortgages."

             As stated above, the Consolidated Mortgage "...will
        constitute in law a single lien upon the property. ...the
        Consolidated Mortgage which will supercede all terms,...of the
        Mortgages."

            The Consolidated Mortgage (A 194) was signed by both parties
        (A 213) and witnessed (A 214), and is a fully legal instrument.

            The Consolidated Mortgage was filed with the County Clerk
        with the Consolidated Agreement and became a public record
        showing that there exists an additional fully executable
        mortgage.  This fact alone has cost Defendants-Appellants at
        least three sales of the property being foreclosed herein during
        title searches by prospective buyers.

           The Consolidated Mortgage along with the signed Agreement
        that is required by above cited Fannie Mae/Freddie Mac Uniform
        Instrument Form 3172 1/01 document, was only presented to the
        Lower Court in Defendants-Appellants Cross Motion, and what
        appears to be a deliberate manuever to retain the impression
        before this Court that there exists two active mortgages so that
        they, the Plaintiffs, could claim laches by using an alleged
        earlier dated mortgage.

             Plaintiffs never submitted the Consolidated Mortgage to the
        Lower Court in their initial motion for Summary Judgement (A -
        87), but instead incorrectly submitted to the Court the gap
        mortgage for $380,346.31 (A 107) that was merged into the
        Original 1995 $162,000 Mortgage to create the only surviving
        Consolidated Mortgage (A 194).  Defendants-Appellants never
        applied for a $380,346.31 mortgage, nor were notified prior to
        closing.

            Defendants-Appellants also point out that no notice of
        pendency was ever filed for the Consolidated Mortgage dated May
        16, 2005 or any mortgage in the amount of $522,200.00.

             Defendants-Appellants submitted to the Lower Court the only
        true and surviving Consolidated Mortgage as their Exhibit 07 (A
        194) in their Affidavit in Support of Cross Motion (see A 160)
        which was completely ignored by the Lower Court.

            This Court should declare that the Original 1995 Mortgage
        was paid and satisfied, and order that the lis pendens be
        vacated and that a satisfaction be filed on that mortgage.