Dec 19, 2008

Good comment from reader. I would add though that merely having a copy of the note is insufficient for many reasons. Merely having an allonge is insufficient if it was not attached to the note at the time of execution and if it did not stay attached from that time forrward. Merely having an original of the note creates a rebuttable presumption that the holder is a holder in due course. That presumption is immediately rebutted by the presentation of SEC filings showing that the loan was securitized. Many of not most production of an allonge or assignment are created for presentation in court and not at the imte of the “transaction.” These are forgeries or frauds upon the court.