A few months back I started looking closely at an allonge in on of my cases. A sloppy, unprofessional, illegible mess that the Plaintiff asserted was all they needed to show ownership of a $500,000 asset.
Come on…all you need to show ownership of something worth $500,000 is some sloppy, squiggly line that is facially questionable? Reading the deposition of Angela Nolan who describes a process where allonges (including alleged signatures) are computer generated then affixed to the note sometime later.
The fact of the matter is transfer of notes should only be done via endorsement, not allonge. There are increasingly appellate and bankruptcy court opinions that recognize this, but it’s up to us practicing in the circuit courts to challenge these things every time we come across them. Use Florida Statutes 673.3081 as the basis for the challenge and I have a great memo posted which details all the reported case law nationwide on allonges. But here is a fantastic Arizona decision hot off the presses. Thanks to MortgageFrauds for Sharing With The Class!
FANTASTIC ! ! ! !
This is just what I needed for our case.
We have an evidentiary hearing next May 13th in the Bankruptcy court Mid Florida.
Thanks a lot
I love this blog
God bless you Matt
The correct statute quote is 673.3081 which all defendants must specifically invoke to challenge authenticity and validity of indorsements or they risk waiver of this valuable defense.
JEDTI
G.
The Orlando Florida Federal BK Court spoke directly to the Allonge issue in their order on the Canellas case on 2/9/2010. (pay special attention starting at the last paragraph on page 8) https://tinyurl.com/FLBKCanallas
Lisa
ForeclosureHamlet.org
That was meant to be page 8 not page 8) . Ha! Not sure how that happened!
You said you posted a memo with nationwide allonge case law. I cruised around on this site and did not find it. I’m new to defending foreclosures and am doing all the research I can. Can you tell me where the memo is posted?
Thanks !
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