The Photocopied Allonge: The new trick of Pretender Lenders

Never underestimate the savviness of the Pretender Lenders and their Counsel Cohorts. They have a new trick up their sleeve: The Allonge on the back of a photocopied original Note.

The Allonge, a French word for extra piece of paper, is used as an extension to lawfully Negotiating an instrument when they run out of room to endorse on the back of the original instrument.

Pretender Lenders are now submitting the copy of the original Note with a photocopy of the Allonge (showing an intimidating Endorsement to the Plaintiff) as a trick to fool Judges into granting summary judgment. At first glance, this appears to fulfill Prima Facie evidence criteria to grant Summary Judgments or lift Bankruptcy stays. However, WE NEED TO FIGHT THIS TRICK because it is just a slight of hand.

The properly negotiated Note will have either an Endorsement in Blank (if it went to MERS) or it will be Endorsed multiple times to multiple entities involved in the securitization process. The Allonge should only be used if there is no room on the back of the original Note. The Allonge itself appears to be evidence that the Note was securitized or Negotiated multiple times, if done lawfully. Of course, most Notes are “lost or destroyed” in this process because Plaintiffs know they cannot provide tangible Discovery evidence if the Court Compels them to due so.

So Plaintiff’s Attorneys are attempting to skirt around UCC code and Discovery Due Process by creating an Alonge for their client, whom are trying to secure Constitutional Standing, by simply photocopying the Alonge to the back of the original Note. Simple and brilliant. But a Copy is just a Copy. Convince the Judge that a Copy of an Allonge is not sufficient to prove the Note was negotiated in Due Course, and file a Motion to Compel the Plaintiff to Produce the Original Note, with the Endorsements on reverse, and if the original Note is chalk full of Endorsements – then ONLY THEN can a Court accept the Allonge as Prima Facie evidence.

If the Pretender Lender can produce a photocopied Note with the Allonge photocopied to the back as Exibit A, then the homeowners should be able to submit their own photo copied Checks Paid in Full with no endorsement as proof the Debt was paid.

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