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!