Mortgage Foreclosure Defense — How to Fight Back

June 13, 2011 by The ME Law Firm

Are you facing foreclosure? Are you behind on your mortgage? Is your house upside down and you do not want to pay more for your house than it is worth?  There are documents to watch for when you are fighting a foreclosure.  One of the documents that needs to be reviewed carefully is an allonge to the note.

Mortgage companies, banks, and/or trusts when suing for a Mortgage Foreclosure will often file an allonge to the note.  Often, these documents are forged, unsigned, not notarized, or irrelevant to the your foreclosure and/or your home.  An allonge is normally used when there is not enough space to affix a signature on the original document (in this case a note).  In order for the allonge to be valid, it must be affixed to the document.  A staple or a seal is sufficient, while a paper clip may  not meet the requirement. While one may question why this is important; in most foreclosure cases the allonge is not stapled to the note, thus making it invalid.  Even the fact that the allonge to the note is not affixed the original note and is “freely” sitting in the court file could be proof that the allonge to the note was not properly affixed to the original note.

Plaintiffs are required to show they are the holder of the mortgage and the note.  A few Plaintiffs are attempting to use an allonge to the note to prove they are the holder of the mortgage and note, but with careful analysis of a trained professional we may be able to show the allonge to be inadmissible. Furthermore, in re Canellas, 2010 WL 571808 (Bankr. M.D. Fla. Feb. 9,2010), the Court questioned the allonge due to the fact it was not dated nor notarized.  It is these red flags that should be brought to the attention of a Judge.

In conclusion, it is important to know exactly what documents the bank has and what they mean.  In addition, it is important to know if the documents are valid.  At Myers & Eichelberger, P.L., we review each file thoroughly to ensure our clients get the best service we can provide.  We are happy to discuss any and all options with the homeowners and we are committed to assisting the community by answering their questions on how they can attempt to save their home.


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