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NEW: New document found, "Alonge to Note" WTH??

Discussion in 'Foreclosure Laws' started by Social Apocalypse, Oct 1, 2009.

  1. Social Apocalypse

    Social Apocalypse LoanSafe Member

    my original threads on my rescission are no longer available, so I will just add here that we rescinded our loans.

    Didn't receive appropriate response from either lender/servicer.

    Now things are heating up, I have their attention, and now they sent copies of our Note... but with a twist...

    There is a final page in the stack of docs (each with our initial EXCEPT this new final page) that is titled "Alonge to Note". (I had to look up what this meant, never heard of it before). It means an additional page to hold more signatures basically, when needed, but rarely used in this country.

    Ok, this caused me some pause.... because it has some very interesting information on it, NOT signatures;

    Dated May 31, 2006 (date we signed, but it was NOT at our closing, and not part of our closing documents)

    In favor of Wilmington Finance (our original "lender")

    And executed by: (My husbands name and mine, though how that can be when we never SAW the document, I have no idea)

    Our property address

    Pay to the order of: Morequity, Inc. (the lender who bought our loan 6 weeks AFTER closing!)

    without recourse: Wilmington Finance, Inc.

    By: Odra Hidalgo-Diaz, Designated Signer

    WHAT I WOULDN'T GIVE FOR AN ATTORNEY. :(

    Any thoughts as to how this might affect Wilmington Finance's claim that they were not part of AIG at the time we closed our loan so we are not entitled to restitution through the office of thrift supervision? Because Morequity certainly is ALL AIG. They are our current servicer. WHY are they receiving funds from Wilmington from our loan when our loan docs say that Wilmington is the LENDER???

    More weirdness.
  2. Moe

    Moe Call 1-800-779-4547 Staff Member Loan Safe Mortgage

    Your old thread is still live in the search engines, just not accessible from the forum here because I wasn't getting enough attorney help.

    Yeah weird. This gives them authority to sell your mortgage without you having to sign since you agree to this when you sign your loan in the fine print.

    Why don't you challenge ownership of the note yourself?
  3. caldwell02

    caldwell02 LoanSafe Member

    Reminds me of the loan app I found in my docs that are signed by Long Beach mortgage, not signed by me, but that doubles my income. At the time they approved me for $50,000 more of a house than I bought.
  4. Social Apocalypse

    Social Apocalypse LoanSafe Member

    Thanks Moe;
    I have MANY times longed to challenge the note myself. I just can't muster the confidence to do it, I don't know how, even though I have learned so much. I am told by a very prominent, skilled attorney here in Washington State who notoriously knows this stuff to handle a "produce the note" in bankruptcy, and she said that the bankruptcy courts are actually the most comfortable with it because they are so well versed in consumer protection laws. Makes sense to me.

    If I knew how to challenge my note, I think I would. It's so clearly not available... SO excited about the Kansas ruling. I hope I see one here in the 9th Circuit Court, THEN I would feel more confident. We have a crazy system (my husband calls it the 9th Circus Court). I know you're in it too, so you know.

    Thanks for all you do, it's cherished.
  5. myhousenotyours

    myhousenotyours LoanSafe Member

    My Wilmington Finance Allonge

    I too have an allonge added to my note that was not present at the closing. As a matter of fact, it's sooo dubious... it is not dated, notorized and is blank, plus it has a very picular individual that signs it Chris White, Designated Signer ~ this only appeared a yr. after the bank filed foreclosure paper by their attorney, the natorious foreclosure mill in Florida, Law Offices of Marshall C Watson.

    Anyone else have this same paper that can get with me, I'm hoping to find his name under another banks allonge as this Law firm is natorious for producing bogus paper work that gets filed with the Courts. If so, please send to (email removed by Moe because we do not know who you are)

    Thanks!
  6. Moe

    Moe Call 1-800-779-4547 Staff Member Loan Safe Mortgage

    I removed your email. There is no need to have emailing off the board here when this can be easily discussed here on LoanSafe.

    In addition, why would someone email you when they have no idea who you are and have only one single post here in the community?
  7. Social Apocalypse

    Social Apocalypse LoanSafe Member

    Hi My House Not Yours :)
    Here's some background on Allonges that I have come to know. They are effectively the "band-aid" for missing assignments and are often assigned in blank, meaning they are just signed off by the seller of the note, but do not specify to WHOM they are signing it off to. It's an attempt to make "whole" the title, by showing a complete chain of assignments. They create them when they need them, and most courts (when a foreclosure is actually challenged by a skilled attorney) concur that nearly ALL TRUST agreements specify that the notes CANNOT BE ASSIGNED IN BLANK.

    That said, I have an interesting twist on my OWN foreclosure action (which has been quite the saga) which is evolving. LUCKILY I have one of the best attorneys available to help me, thank almighty GOD.

    First know as important precedents:
    1. I sent a Qualified Written Request to my alleged current lender asking for my material documents. They returned them, and there was ONE allonge (the one that I was aware from origination) and THAT's IT. That was a year ago. THERE WAS NO ALLONGE that was from the company that they had purchased my mortgage from, and this was months AFTER the purchase. I thought that was strange.
    2. Upon receipt of a Notice of Default, I again contacted the "Trustee" (and I use that term loosely) about discrepancies. They sent me a "debt validation" packet (which was stupid, didn't ask for that) and proceeded with the Trustee's sale. NOTE: The note and allonge were identical to the one that I had received before. NO new ones. That's significant. This is AFTER foreclosure suit has been filed and sale scheduled.
    3. My attorney called them an made an impromptu visit to their office to inspect the material docs. Guess what? THERE WAS A NEW ALLONGE!!! It was signed in BLANK from the previous lender to the one foreclosing. Clearly, this document was added just before my attorney came in, because, presumably, they were attempting to make it look right.

    Here's the problem... The Allonge (putting aside the obvious HUGE problem with it magically appearing after the fact) is signed by a vice president of the former servicer which is GONE. No longer in existence. It is NOT POSSIBLE that he signed it while it existed because I have proof of that.

    So, allonges, almost ALWAYS, spell fraud. It's your flag to start digging. I have dug till I have bloody fingers, and it's been worth it. There is more dirt than I can move, but luckily the AG in my State has requested my docs and I suspect they are also looking into Trustee Misconduct. Needless to say, they are HOPING that you don't look to deeply into it.

    GOOD LUCK. LOOK FURTHER!!!!
  8. Social Apocalypse

    Social Apocalypse LoanSafe Member

    Hi My House Not Yours :)
    Here's some background on Allonges that I have come to know. They are effectively the "band-aid" for missing assignments and are often assigned in blank, meaning they are just signed off by the seller of the note, but do not specify to WHOM they are signing it off to. It's an attempt to make "whole" the title, by showing a complete chain of assignments. They create them when they need them, and most courts (when a foreclosure is actually challenged by a skilled attorney) concur that nearly ALL TRUST agreements specify that the notes CANNOT BE ASSIGNED IN BLANK.

    That said, I have an interesting twist on my OWN foreclosure action (which has been quite the saga) which is evolving. LUCKILY I have one of the best attorneys available to help me, thank almighty GOD.

    First know as important precedents:
    1. I sent a Qualified Written Request to my alleged current lender asking for my material documents. They returned them, and there was ONE allonge (the one that I was aware from origination) and THAT's IT. That was a year ago. THERE WAS NO ALLONGE that was from the company that they had purchased my mortgage from, and this was months AFTER the purchase. I thought that was strange.
    2. Upon receipt of a Notice of Default, I again contacted the "Trustee" (and I use that term loosely) about discrepancies. They sent me a "debt validation" packet (which was stupid, didn't ask for that) and proceeded with the Trustee's sale. NOTE: The note and allonge were identical to the one that I had received before. NO new ones. That's significant. This is AFTER foreclosure suit has been filed and sale scheduled.
    3. My attorney called them an made an impromptu visit to their office to inspect the material docs. Guess what? THERE WAS A NEW ALLONGE!!! It was signed in BLANK from the previous lender to the one foreclosing. Clearly, this document was added just before my attorney came in, because, presumably, they were attempting to make it look right.

    Here's the problem... The Allonge (putting aside the obvious HUGE problem with it magically appearing after the fact) is signed by a vice president of the former servicer which is GONE. No longer in existence. It is NOT POSSIBLE that he signed it while it existed because I have proof of that.

    So, allonges, almost ALWAYS, spell fraud. It's your flag to start digging. I have dug till I have bloody fingers, and it's been worth it. There is more dirt than I can move, but luckily the AG in my State has requested my docs and I suspect they are also looking into Trustee Misconduct. Needless to say, they are HOPING that you don't look to deeply into it.

    GOOD LUCK. LOOK FURTHER!!!!

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