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vcabanas
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Joined: 05 Sep 2009
Posts: 9
Location: Florida

Promissory Note Endorsement-how to recognized original
PostPosted: Wed Mar 17, 2010 8:10 pm Reply with quoteBack to top

The following article is not to be construed as legal advice, consult with an attorney for that stuff.
If you are ever presented with a Note Endorsement, you must carefully examine the Endorsement and/or Allonge. If you are served an Allonge, the extra piece of paper, this likely means the Endorsement was back dated or fabricated. An allonge was only intended to be used as “extra” endorsing space, assuming the back of the Note or negotiable instrument is full of other signatures.
If the endorsement is not Authenticated, per the Federal Rules of Evidence 901 (a), then it may not be allowed into evidence. Here comes the question of “authentication”. What is it?
1. Is it Notarized? How can it be dated without an official Notary Seal?
2. Is there evidence of forgery? Squiggles, photocopy marks, cut and pasted?
3. Is the signing authority including a Power of Attorney?
4. Is the signing authority using a “Limited Signing Authority”?

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