POINT V
                                -------

        CAN PLAINTIFF-RESPONDENT FILE A SUIT WHEN IT DID NOT OWN OR HAVE
        ACTUAL POSSESSION OF ORIGINAL NOTE AND MORTGAGE WHEN IT FILED
        THE FORECLOSURE ACTION?

        No. The actual holder of the originial note is the sole owner of
        instrument and may initiate a separate action upon it placing
        mortgagee and signer in double jeopardy.

             In Plaintiffs-Respondent's Affidavit for Summary Judgement
        (A 87 -> 153) they annexed an Assignment of Mortgage as an
        exhibit for tab "F" (A 134) which is a paper from Mortgage
        Electronic Registration Systems, Inc.  It is notarized on
        December 20, 2006, and listed as "effective" 19 days earlier to
        December 1, 2006.  The assignment states in part:

            "KNOW, that Mortgage Electronic Registration Systems, Inc.
            ... Assignor in consideration of One or More Dollars...
            paid by Wells Fargo Bank, N.A. ... Assignee, hereby assigns
            unto Assignee, a certain mortgage made by SCOTT E. WEBSTER
            and JEAN ALLEN WEBSTER, given to First Fidelity Bank N.A.,
            to secure the sum of One hundred and sixty two thousand
            dollars ($162,000.00) and interest, dated the 24th day
            of August, 1995 recorded on the 5th day of September, 1995
            recorded on the 5th day of September, 1995 ... Liber 2110
            ... Page 320..."

            The actual assignment was not until January 10, 2007 almost
        one month later (A 136), and clearly states "... Assignor in
        consideration of One or More Dollars..." which is clearly a
        contract for a sale of the mortgage from MERS to Plaintiff-
        Respondent, well after the filing of the Foreclosure action.

            Blacks Law Dictionary defines assignment as cited:

                "The transfer of rights or property.  ... An
            assignment is a transfer or setting over of property, or
            of some right or interest therein, from one person to
            another; the terms denoting not only the acts of transfer,
            but also the instrument by which it is effected.

            This is clear proof that Plaintiff-Respondent did not
        have actual possession of the mortgage being foreclosed
        upon, and this Court should hold that Plaintiff-Respondent
        did not have the mortgage at the time of filing the suit,
        had no basis for filing the lis pendens or the Summons
        and Complaint, and order that the lis pendens be vacated,
        and the initial suit be dismissed for a lack of standing.