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twins227 · Jun 16, 2008, 08:41 AM

Hi,
Could anyone tell me what constitutes a valid and enforceable allonge?
I am the defendant in a foreclosure lawsuit (Florida) and need to see if the
Plaintiff has standing. The allonge was mysteriously filed two years after it
Was dated, the person who signed it has the position of Assistant Secretary, there is
No notarization or corporate seal. Thank you.

progunr · Jun 16, 2008, 08:49 AM

What was the purpose of this allonge?

From my experience, which with an allonge, is very limited, is that this is simply a way to increase the space for signatures or endorsements on a document where there is not sufficient space for all the signatures.

What does that have to do with the foreclosure?

tickle · Jun 16, 2008, 08:50 AM

Allonge is french for 'to draw out', attached to a legal document is supposed to provide additional room for signing authority, So basically the original document carries the appropriate legal seals which carry over to the 'allonge'. I know this may not answer your question entirely, but I thought a description of this document would be suitable.

twins227 · Jun 16, 2008, 08:58 AM

Originally Posted by progunr

What was the purpose of this allonge?

From my experience, which with an allonge, is very limited, is that this is simply a way to increase the space for signatures or endorsements on a document where there is not sufficient space for all the signatures.

What does that have to do with the foreclosure?

I am trying to defeat there motion for summary judgment challenging there standing
To bring about the case:

1) The plaintiff who filed the complaint to foreclose was not the originator of the Note/Mortgage
2) The plaintiff said the note was lost
3) An allonge which is a bearer instrument and should be attached to the note, was mysteriously filed after the complaint was served. It stated that the note was transferred to the plaintiff.
4) I'm trying to challenge the allonge (authority to sign, corporate seal, notarized).

ScottGem · Jun 16, 2008, 09:04 AM

An allonge is simply another page attached to an instrument to allow for additional signatures. I don't think an llonge that was attached after the fact would have validity.

progunr · Jun 16, 2008, 09:05 AM

In my totally non-professional opinion, without the original document, the allonge is meaningless.

Wonder if anyone else agrees or disagrees?

tickle · Jun 16, 2008, 11:59 AM

Of course, I agree that the allonge is invalid without the original document, otherwise, it could have been attached to anything.It has no bearing now, on the original document.

ScottGem · Jun 16, 2008, 12:13 PM

Going further, if the allonge was not attached at the time the document was executed its invalid.

tickle · Jun 16, 2008, 02:02 PM

I think that is what the OP is saying. It suddenly appeared as an attachment, which is illegal and not part of the original document.

creditor · Jun 17, 2008, 10:37 PM

Have you asked for the original wet ink signature on the note which they are obligated to produce or there is no debt.