Foreclosure Case Killer!- An Allonge Is Not Admissable Evidence of Bank’s Ownership
Author: Matthew D. Weidner, Esq.
Across the country, banks are attaching “allonges” to original promissory notes, then using the attached allonge to allege their ownership of the note and their standing to foreclose.
The problem for the banks is an allonge is only supposed to be used when there is not sufficient blank space on the front or the back of the original note to stamp a “wet” endorsement on the face of that original document to transfer ownership from the lender whose name appears on the face of the note to the next holder of the note.
Attached here is a Motion to Dismiss I just filed which includes all the relevant research from across the United States that pertains to the use of allonges. It is fascinating to consider that allonges are being used perhaps millions of times across the country in support of bank’s efforts to foreclose on homes when the use of allonges in many of these cases may not be supported by the law or the facts of the case.
I publish this Motion and challenge attorneys, advocates, academics and any interested party to weigh in on the issue…if anyone can find proper legal justification for the widespread use (misuse) of allonges that currently exists in mortgage foreclosure cases, please send me information and correct me…having said that, I don’t expect that any contrary case law exists.
As we’ve learned from depositions taken of Angela Nolan (her full deposition here) and other Robo Signers, allonges are being produced by word processors and not signed by hand (as they are supposed to be). The original note is not even in possession of the party when the alleged allonge is created and the allonge is merely stapled or affixed at some later date. All of this violates the intent and purpose of original “wet” endorsements on the face of the documents which are intended to be a permanent record of a negotiable instrument’s chain of title.
Examine all documents carefully, and challenge the authenticity of everything….this issue is begging for an appellate court decision!
8 Responses to “Foreclosure Case Killer!- An Allonge Is Not Admissable Evidence of Bank’s Ownership”
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[...] Foreclosure Case Killer!- An Allonge Is Not Admissable Evidence of Bank’s Ownership Published March 24, 2010 Corruption , Foreclosure Fraud , MERS , bankruptcy , cds , foreclosure , mortgage electronic registration system Leave a Comment Tags: 4closurefraud, Allonge, assignment, bank fraud, clouded title, conspiracy, criminal, deed of trust, foreclosure, Foreclosure Defense, Foreclosure Fraud, forgery, livinglies, Matt Weidner, Matthew Weidner, MERS, mortgage electronic registration system, motion to dismiss, produce the note, Stop foreclosure Via Matthew Weidner’s Blog [...]
Interesting article my partner who is an attorney in New York just got creamed by a judge who issue summary judgment in favor of plaintiff for not knowing rules of indorsement for negotiated instruments pursuant to the UCC
The plaintiff Deutsche Bank fabricated documents including allonges, MERS resolutions and defective power of attorney’s if you semd me an email. I’ll send you exhibit’s
thx. weidnerlaw@yahoo.com
there is more work coming out of new york bankruptcy court….they’re looking into systemic document fraud on the part of creditors….stay tuned.
hmm, very uinteresting . I am very interested in seeing these documents. As I too am going toe to toe with Deutsche pro per.
will be looking foward to seeing them!!
Thank you
Hello James Green. If you could send me an exhibit, I would really appreciate it. I am having the same problem with Deutche right now. Thank you
I’m confused. I have Saxon Mortgages Services as Plaintiff. The Mortgage and note are endorsed in blank with lender Drew Mortgage associates. In response to a RTP any assignment or evidence that Saxon is proper plaintiff they provided a copy of the note and mortgage-endorsed in blank with an allonge attached “pay to the Order of Ohio Savings Bank”?? Then shouldn’t the proper plaintiff by Ohio Savings Bank?
Me and my partners purchased a hotel in 2005 we have been only able to keep the doors open due to contributing every bit of our savings to the business as of Oct 2010 we were no longer able to make the payments and the bank would do nothing to help. We were just served papers ware as the orginal bank used an “Allonge” to transfer the note to HSBC for the amount of $10? HSBC without any notification beside a demand letter to pay in full never(20 days pryor)never contacted us. Question the original mortgae was turn into a derivitive by the banks own acknowment can a transfer by Allonge be used as the mortgage. Is HSBC entiltled to collect the mortgage since they have no ivestment beyond the $10 transfer fee or is their legal right limited to the $10 payment since no mortgage has been presented?
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