Allonge in Florida Negotiable Instrument Law
An allonge is a supplemental page physically attached to a negotiable instrument, typically a promissory note, that provides space for additional endorsements when the original document has no room remaining. In Florida, allonges play a crucial role in mortgage foreclosure litigation.
UCC Requirements
Florida UCC Section 673.2041 requires that an allonge be "affixed" to the instrument. Florida courts have interpreted this to mean a physical attachment, such as stapling the allonge to the note. A loose page in the same file or folder does not satisfy the affixation requirement. The allonge must also bear an endorsement by a person authorized to act for the transferring entity, and ideally should be created because the note itself lacks space for further endorsements.
Foreclosure Significance
In Florida foreclosure cases, the chain of endorsements on the promissory note establishes the foreclosing party's standing to enforce the debt. When a note has been sold through multiple securitization transfers, allonges document the intermediate endorsements. Defense attorneys routinely challenge allonges that appear to have been created after litigation began, lack dates, or bear signatures of individuals whose authority cannot be verified.
Related Terms
Barnes Walker Real Estate
Barnes Walker handles mortgage enforcement and foreclosure defense matters throughout Southwest Florida. Contact us for assistance with note and endorsement issues.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC