WEIDNER: IT’S THE ALLONGE!!!

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The Allonge- Billions of Dollars in Commerce Hangs on A Single Scrap of Paper

EDITOR’S NOTE: If you wrote a check to your next door neighbor, you would expect that he would either cash it or deposit it. But what if your neighbor did business with another neighbor and gave them a copy of your check along with a piece of paper they called an allonge or assignment. So now the third neighbor goes to the bank with a copy of the check and the allonge or assignment from the second neighbor to whom you had written the original check. What luck would the third neighbor have in getting your bank to honor the check. NONE.

What luck would they have in getting you to agree to instruct the bank to pay the third neighbor on that check. NONE. Because you know the real check is still out there and will probably also be presented for payment. OK what if the third neighbor also received the original check, but it it was not  endorsed or if it was, the signature and authority were unverified? NO PAYMENT. The same rules apply to a note.There is no difference between a note and a check. They are both intended to be negotiable instruments subject to obvious rules to prevent fraud.

Weidner is right. An allonge does not cure an unverified signature affixed without authority and contrary to the laws governing negotiable isntruments and contrary to the rules of evidence.

An allonge is only permitted if on the face of the note there is no room to indorse the note. If the room on the note exists to  write out the indorsement, then the allonge is invalid, no matter how good it looks. If an allonge is needed because the space on the face of the note isn’t there (very unlikely since there isn’t much to an endorsement) then it still must conform to the rules and laws concerning endorsements. The signature must be verified and the authority must be verified. Endorsement in blank is permitted by the UCC but not by the PSA (usually). An indorsement of a non-performing loan into a Trust or SPV cannot be accepted by the Trustee. I can deed you property without your knowledge or consent, but if there was no transaction in which you agreed to take the property, and you reject the tender of the deed, title does not change — and if there is Superfund liability because the property was a toxic waste dump, you are not responsible for the clean-up.

What the banks have done and are continuing to push is to create a toxic waste dump out of our title system. The Trustee of the pool does not have the authority to accept an endorsement of a loan that is not performing — that is opposite to the purpose of the pool which was to collect performing loans, spread the risk and if the loans went bad AFTER they were accepted into the pool, THEN the loss falls on the investors.

One of two things is true here. Either the loan never made into the pool because it was not endorsed when it was performing (or because the loan otherwise failed to meet the standards of underwriting set by the PSA) or the loan did make it into the pool in breach of the terms of the PSA, in which case the Trustee of the pool will be sued by the investors for damages. The reasonable man standard provides no aid or comfort tot he banks on this one. No allonge is going to get investors to agree to take non-performing loans into an already distressed pool.

There is no reasonable business explanation for why the investors would accept the non-performing loans or would be required to do so when the clear, express terms of the PSA and other securitization documents specifically provide that the the loans MUST be performing and if they stop performing the investors have recourse against the party who endorsed them — they can either demand money or a substitute loan to replace the non-performing loan.

July 2nd, 2011 · Foreclosure http://www.mattweidnerlaw.com/blog
Forget about The Constitution, forget about The Bill of Rights, a far more important document exists in this country and it’s called….The Allonge!
Those other old and forgotten documents are just, well, old and forgotten. Relics. Memories. Pesky annoyances that get in the way of the real thing of today and that is…The Efficient Flow of Commerce. The allonge is actually an old, old thing…older in fact than those other two old things that we should all stop talking so much about. The allonge sat around in an abandoned neighborhood at the intersection of law and commerce, forgotten and unused, never spoken of by judges and scarcely mentioned in any statute or the Uniform Commercial Code anywhere in the country until some brilliant mind in the Department of Commerce, Division of Securitization decided to drive through the rough section of town, past the whinos and blown out buildings and pick up that cast off old man called Allonge and take him for a ride.

And one hell of a ride it’s been.

The one widely circulated bit of scholarship on the subject Getting Attached Do your legal search and research high and low, all across the country and the above document is about all you’re gonna find. Not many opinions and those that do exist all head back to the same place…Black’s Law Dictionary…and the definition of allonge.

The key part, the essential element of the magical power of the allonge is that it was only ‘sposed to be used when there was no space on the note to make an endorsement….but that has not stopped the Sorcerers of Securitization from just totally ignoring this essential element of the Allonge and conjuring up one page hanging allonges and just dropping them in court files all over this country.

By now we all know what’s going on. At first the Dark Side didn’t even bother with getting the original promissory notes…..any old Affidavit of Lost Note would do….never mind that most of these Affidavits did not comply with the essential factual requirements of an Affidavit of Lost Note…namely personal knowledge that the affiant lost the note…most affidavits merely state, “The note is lost” and then some add for good measure, “Whoopsie!”

Then some pesky attorneys started asking questions about these affidavits and where the notes were and things started changing….First, foreclosures just ground to a halt….all across the country. Maybe part of it has to do with the inexplicable comments made by the Florida Mortgage Banker’s Association when they admitted the industry went about destroying original notes. Huh? You did what? You Destroyed Original Notes? What a Hoot! What a Gas….Read More Here!

On and then there’s all those admissions in cases like Kemp v. Countrywide describing how the Big Shot Banks just ignored all the fundamental law and rules on original notes.

But back to the Allonge. Oh the powerful and mighty Allonge.

But what’s really the point of all this? What do it matter? Does it Really Matter? Well, yeah, it really does.

These ain’t just technicalities that don’t mean ‘nuttin. The purpose behind original notes and chain of custody and endorsements is to protect against fraud and abuse and to ensure that the financial services industry is not cheating….(They couldn’t possibly be cheating or lying…could they?) We can trust Goldman…and BofA….and JPMorgan….can’t we?

The Den of Thieves commonly known as Wall Street would not possibly pledge the same original notes into multiple trusts, thereby increasing the value of each pledge many times over…would they? They wouldn’t do this even if they knew they were totally unregulated and it would be nearly impossible to catch for years and years down the road….would they?

Remember that the Rules of Evidence (used ever so occasionally in the context of foreclosure) and the Uniform Commercial Code are fundamentally intended to protect against fraud and to protect all parties in commercial transactions. “All parties” in the context of such a big part of our entire economy includes not just the homeowner and lender in a foreclosure transaction…no siree…it includes the entire world which should be able to depend on an accurate and trustworthy financial system….do you think we have an accurate and trustworthy financial system?

Finally, consider all of that in the context of a case where these issues are being expertly litigated. Very, very good stuff here….

BalderramaCompelOrder
http://mattweidnerlaw.com/blog/wp-content/uploads/2011/07/BalderramaCompelOrder.pdf

BalderramaComplaint
http://mattweidnerlaw.com/blog/wp-content/uploads/2011/07/BalderramaComplaint.pdf

CanellasSummaryJudgment
http://mattweidnerlaw.com/blog/wp-content/uploads/2011/07/canellasSummaryJudgment.pdf

CanellasOrder
http://mattweidnerlaw.com/blog/wp-content/uploads/2011/07/CanellasOrder.pdf

50 Responses

  1. Hi all…..I’m new to this blog….so thanks for being there for me !!
    I too have a note showing up in Discovery recently, with my law suit with BAC, MERS, and Recontrust…I have been in federal court now almost 4 years pushing back….District Court of Oregon…my trial is set for June 3, 2014 ! Wish me luck so we can reverse the fraud and another homeowner wins in court !
    So now suddenly one appears with a David Spector stamp/endorsed in blank…”bearer paper” like cash for who ever holds it ..I know most of the scheme for the fraud in the chain of title….and I did just read the Wiedner report…PSA wn’t accept a note stamped endorsed in blank usually….etc…..Now I am looking for “comparative signatures” for David Spector. Please send me a copy of your note with the DS signature/stamp and I will do the same. Thank YOU! Pamela at Nrgdoc11@aol.com

  2. Linda and all above please contact me re: David Spector assignments. Shelleystotalbodyworks@comcast.net

  3. Stop wasting your time and move on with your life

  4. This is a big please to all; I really need signatures of David Specter. Miraculously his name and (cough-cough) signature suddenly and miraculously appeared on the Note today, 1-29-13, 2 1/2 years after filing for foreclosure with no transfer endorsement. Imagine that! Anyhow, I am positive it is a forgery. If you can send them to me at blueizim@sbcgloabl.net and put David Specter in the subject line so that I will know it isn’t spam, I very much appreciate it. Thanks to all.

  5. Forgot to put my email jrusso5528@aol.com In my request for a copy of David Spector signature. Please send thank you ! james russo

  6. need a copy of David A Spector’s signature if you have one that I can use to compare. Spector’s signature is added to my note on an endorsement in blank from COUNTRYWIDE HOME LOANS, INC.,a NY CORP., d/b/a America’s Wholesale Lender. The lender on my note is AMERICA’S WHOLESALE LENDER, a NY CORP. (not COUNTRYWIDE). There is no date on the endorsement. Thanks for your help.

  7. I have a Laurie Meder signature and a depo that was done by Sjolander… My depo can be found on Matt Weidner Blog, he was talking about Sjolander Depo, scroll down and look for Tomaro.
    I am willing to e-mail what ever you need and I would appreciate the same, I at this time need signature from Meder and Sjolander.
    Anyone have Ana S Alvarado on any paperwork. Law firm Zeichner, Ellman & Krause, lawyers Philip S Rosen, Kerry A Duffy?
    Or the law firm Goldbeck, McCafferty & McKeever?
    Depo by Glenn Mitchell from Mellon.
    My loan was discharge in a Chapter 7, Mellon never asked for a stay, never asked for the debt to reaffirmed, the debt is gone, they have no standing. The Judge in my state ruled totally in their favor, no trail, mo mediation, no say, he and that lousy attorney I had helped them to carry on this scan. Put in a Motion for Reconsideration, asked for Oral Agrument and that judge denied me my day in court.
    Anyone if you have any ideas or what I should do thanks….

  8. I’ve got one on our own case and looking for more on David A. Spector indorsements. Ours appears to be a rubber stamped indorsement having seen at least one other online that is exactly the same. Please forward yours and I’ll recriprocate at: charles@bayliving.com.

  9. I will email the signature of David A Spector to you. Please send me a pic so we can compare. Thanks.
    email me at samdeanjackson@aol.com

  10. I have several david spector signatures including his real signatures. What email address do you eant them sent to?

  11. I need a copy of David A Spector’s signature if you have one that I can use to compare. Spector’s signature is added to my note on an endorsement in blank from COUNTRYWIDE HOME LOANS, INC.,a NY CORP., d/b/a America’s Wholesale Lender. The lender on my note is AMERICA’S WHOLESALE LENDER, a NY CORP. (not COUNTRYWIDE). There is no date on the endorsement. Thanks for your help.

  12. I also have a note assignment with Laurie Meder and Michele Sjolander. I am collecting information for my case. Please email me at bwjustinfo@yahoo.com with any signature samples and case name and number and state so I can compile the info. Also if you want me to send you info, just let me know.

  13. Yes Linda Castellano, ! I very much would like Laqurie Meder home address. I want to subpeona her. Thanks! jiudy@helpmesaveourhome.org

  14. I’ve been collecting copies of the endorsments on the promissory notes transfered by Laurie Meder. The size of her signature varies significantly from one copy to another. So does the size of the imprint the rubber endorsement stamp makes. These differances are quite huge in some case. Anyone have an explaination of how this can be?

  15. Look to page 79 of Michele Sjolander’s deposition from the end of January (Matt Weidner has full transcript). Sjolander brings up Laurie Meder and in the questioning she states that Meder is currently part of Recontrust which is Bank of America’s “custodian” and which is in the same office complex with all the former Countrywide entities now Bank of America entities(Countrywide Bank FSB, Countrywide Home Loans, Treasury Bank, Recontrust)–all located at 1800 tapo Canyon Rd. Simi Valley, CA. Maybe they think they can say she doesn’t work for B of A technically because…this week she is wearing a different hat. If you need her home address, let me know.

  16. I filed a “Notice of Taking Deposition Duces Tecum” for Robo Signer Laurie Meder.

    BOA failed to produce her at the designated time and date saying she is not an employee of BOA. Anyone have anything showing she is currently an employee at BOA.

    Thanks,

    Joe

  17. Kareem, you asked if Sjolander and Bayliss are official Robo-signers. I’m not sure what would make one of them official. I can only talk about signature patterns. I have 9 examples of Sojlander’s signature. There appears to be three variations in the signature. I also believe a signature stamp was used for at least one of the signatures. I am not familiar with Bayliss.

    If you would like my analysis of the three Sjolander signatures, email me at nlyankee2@hotmail.com with your request. In return, I would appreciate getting a copy of the full page that holds your Sjolander signature, the case name, case state or an indication if it is federal, the case number, case file date, and the date the mortgage was originally signed. I am asking for the info about your case for two reasons, (1) to make sure each signature is for a different case and (2) so that I can use it as evidence in my case.

    I am also looking into David Spector signatures and have several of them, but have not analyzed them yet.

    Gloria

  18. Yes, Sjolander is an official robo signer, and I believe you can find her deposition via an internet search maybe not on Google; as they have deleted many sites helpful to us. Try using a search engine like duckduckgo.com that doesn’t track or monitor the sites you visit.

  19. I have a Darla Bayliss from Guaranty Residential Lending and Michele Sjolander for Bank of America, the so called robo signing on the back of the new promissory out of the blue? Is this an official Robosigner.

  20. I have the rubber stamped allonge with the names Laurie Meder and Michele Sjolander endorsement in blank if anyone needs.

    I’ll have to fax it to you, as I have no clue how to scan stuff on my computer.

    pariss@carolina.rr.com

  21. Have another Countrywide note with an endorsement to blank by Michele Sjolander. Would like to hear from anyone who has a copy of her signature. Please contact me at nlyankee2@hotmail.com.

  22. I have a David Spector signature on my note. Would like to hear from anyone else who has one to exchange. Please contact me at nlyankee2@hotmail.com.

  23. Hi Dianne my name is Brian I live in North Carolina and recently went through foreclosure wanna chat hit me up lets share ideas mrbuilder11377@yahoo.com

  24. Jack, do you know when that revision to the UCC took place?

  25. Hi Ian–Would you mind giving us some more details on conveyance of the note? I have an allonge with Laurie Meder and David Spector stamps as I mentioned in a previous post. First, my lawyer says that even though they are only supposed to use allonges if there is no room on the note, the banks have been using them and the judges have been accepting them. Second and most important, the bank is relying on the endorsement in blank from Countrywide as sufficient since that makes it bearer paper; they say that is negotiation. They obviously do not have proof of delivery, but what form would the acceptance take that you are saying is necessary? Does the endorsement have to be specific to the trustee? Does there have to be a date that shows whe this supposedly took place? Does the trust have to register or record this acceptance? Please tell me more. Thanks very much, Linda

  26. Jack- thanks for the correction! I had read the “Getting Attached” blurb before, I forgot about the revised UCC rules. Next question, then, is what about the allonge being dated? What about the allonge being notarized? Both have to be done, correct? Thanks again.

  27. Ian, I’m sorry but that is not correct. Under the old UCC rules, an allonge could be used only when no space was left on the note. Most states have adopted the Revised UCC, which states an allonge can be used even if there is space left on the note.

    “The Official Text of Revised Article 3 does not directly address a No-Space Test. But Official Comment 1 to Revised Section 3-204 says: “An indorsement on an allonge is valid even though
    there is sufficient space on the instrument for an indorsement.” (citation below)

    A few states have not adopted the Revised UCC and therefore still follow the No Space rule. New York explicitly follows the No Space rule.

    For more info on this, see:
    http://www.lw.com/upload/pubContent/_pdf/pub1713_1.pdf

  28. Dianne- irregardless of whether the signature is forged, if there is room on the note for the endorsement, an allonge cannot be used. Additionally, a note cannot be conveyed via an allonge, a note has to be conveyed by 1.negotiation .2.delivery 3 acceptance . MERS cannot “transfer,assign,convey,notes” by their own language. The allonge is fraudulent as ? attempts to establish standing to foreclose by assigning via an allonge to foreclosing entity. You can take that to the bank.

  29. If you scroll to the bottom of this case, you will see a sample of Laurie Meder’s rubber stamp which is identical to mine; as well as Michele Sjolander who is also stamped on my allonge. Although the Sjolander signature on mine looks like a complete forgery.

    http://www.msfraud.org/law/lounge/BONY-validity-of-interest.pdf

  30. To Ian:

    I forgot to thank you for the information on the Allonge though. And there was plenty of room for an endorsment on the original Promissory Note.

  31. The only thing written on my Promissory Note is an endorsement to Wells Fargo Bank… crossed out with a big cancelled stamp on it.

    Then the attached allonge, that seems to be growing in endorsements on a semi annual basis; all rubber stamped. So the fraud continues.

    They have me scheduled for foreclosure mid March. I’m searching for a sample “Cease and Desist” letter and a legal action that actually won; to use as a guide. I’m in North Carolina; home of Bank of America, and the N.C. Bar Association has already instructed NC attorney’s to stay away from Bank cases.

  32. DiAnne- an allonge can ONLY be used if there is “no room on the endorsement page, INCLUDING the margins. (that means writing sideways in cases). So, most endorsement pages not only have room, they have NOTHING on them. So your allonge is a void instrument, a legal nullity, and transfers nothing.

  33. I have an allonge purported to be signed by Laurie Meder, SVP Countrywide Financial and Michele Sjolander, EVP Countrywide Financial.

    What is fascinating about this one, is in response to a qwr; Bank of America and its’ trustee sent a copy of this promissory note and allonge to me one year ago. And that copy did not contain Laurie Meder’s name; nor Michele Sjolander. Since I am disputing this debt, BOA through its’ trustee sent another copy of the Allonge; and like magic these two names are on it. How can that be possible since Countrywide Bank no longer exists?

  34. Can anyone help me by furnishing me with a signature from Laurie Meder? I need it to help me prove the signature on the endorsement of my promissory note is bogus.

    The court has already commented that it appear to be a copy and paste job.

    Joe Testa

  35. Hi BobM can you please hit me up with an email I have an allonge I would like to compare with you with Laurie Meder signing my email address is mrbuilder11377@yahoo.com

  36. I know this reply is months later but I need to contact Bob M who posted on July 8, 2011 about his allonge with indorsements by Laurie Meder and David Spector. My allonge originally did not have these stamps on them when the foreclosure action was filed and then mysteriously, the attorney for Bank of New York Mellon produced a new version of the allonge with these stamps on it. i have been looking for someone else with the same situation and only found a Laurie Meder stamp involved with the Bailey case in AZ. I would really like to exchange copies of these documents with Bob M and anyone else who has these indorsement stamps by Laurie Meder and David Spector, It would be very helpful to our case. My email is bc4delta@aol.com. Please forward any info any of you (especially Bob M) have on this matter. Thanks

  37. What if the signature is stamped on the back of the Note and there was room on the front? Anyone know? Stamped signature legal on a Note and Deed of Trust in California?

  38. Thanks Mr. Bryl. Good stuff.

  39. It appears I will have to join a Mass Joinder suit; as North Carolina attorney’s I’ve spoken too seem afraid to challenge the banksters. I did find one attorney who is willing to take the case but 5k retainer and 1k per month, I absolutely cannot afford.

    Can anyone recommend a class action currently underway with good attorney’s? So many of the current class actions seem to be confined to residents of a particular state.

  40. Thank you G. Bryl. I just printed it.

  41. Here is a way to challenge the servicer’s attempt to assert itself as the secured party and to cover up the purported beneficial owner’s actual lack of interest:

    http://bryllaw.blogspot.com/2011/07/way-to-attack-servicers-and-their.html

  42. Hi Senka: Bobby here. Sorry I haven’t caught up to you yet per your last e-mail; I was under a deadline in my case. Call me tonight or e-mail me. Also read my last post under the last BOA heading that was posted yesterday.
    Talk soon

  43. They have the right to do that – just go to another bank get a different checking acct.

  44. Hi,
    I hope someone here can give me an advice – I’ve stopped paying my first mortgage to BofA on January (due to the failed modification, then all this securitization fraud came up, etc.), but I have cont’d to pay my 2nd mortg. to Sovereign Bank. Then someone told me that’s pointless and I stopped those payments in March or April. However, now Sov. banks froze my checking account (with $2500 there) and it’s withdrewing monthly payments from there. How should I approach this – should I send them a letter explainint the on-going situation with BofA? Btw, my house is underwarter of course!

    Thanks a lot
    Senka, MA

  45. The Balderamma case that is linked to above is great. Anyone know if the interrogatory and requests for documents for that case are posted somewhere? The Compel Order described what from those documents DB has to produce, so it would be helpful to see those documents. Thanks.

  46. THANK YOU Mr weidner

    Entertaining and instructive

  47. […] 8 Jul MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE The Allonge- Billions of Dollars in Commerce Hangs on A Single Scrap of Paper EDITOR'S NOTE: If you wrote a check to your next door neighbor, you would expect that he would either cash it or deposit it. But what if your neighbor did business with another neighbor and gave them a copy of your check along with a piece of paper they called an allonge or assignment. So now … Read More […]

  48. should homeowners have a copy of this document? should it be recorded?

  49. Oh, by the way, the allonge was not permanently affixed to the note. In other words it junk per the UCC.

  50. I have the purported allonge to my purported note. It has a indorsement in blank to countrywide home loans Inc. it is purportedly signed by Laurie Meder of Treasury Bank N. A. a subsidiary of Countrywide and David Spector, the very same Spector the was at issue in the Kemp case. I suggest that we all compare our allonges and see who rubber stamped them. I am sure that many have the same signatures. I’ll bet my life that there are many different variations of those signatures. I know for a fact the Spector’s signature in Kemp is not the same signature on mine.
    If you are willing to do this, let’s figure out a way to get them to one person to review under the cover of confidentiality. I say we send them to Neil or Max if they agree to look at them.

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