Appeals Court Sides With Lender in Foreclosure Document Dispute
It turns out foreclosure defense attorneys can't hinge their cases on lenders' sloppy paperwork and failure to "firmly" attach allonges to mortgage notes.
January 08, 2016 at 09:55 AM
4 minute read
Foreclosure defense attorneys are advised not to get too attached to attacking sloppy lender paperwork to win cases.
A state appeals court ruled the evidentiary threshold has been slightly relaxed in foreclosure cases.
Florida's Uniform Commercial Code required lenders to “firmly attach” an allonge—paper added to negotiable instruments that leaves extra room for endorsements—to show the chain of ownership as loans transfer from one lienholder to another.
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