Foreclosure Case Killer!- An Allonge Is Not Admissable Evidence of Bank’s Ownership
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.