What is an allongé deed and how does it affect a real estate dispute?
An allonge deed is a document used in California real estate law that is attached to a note or mortgage when it has been endorsed by the original payee (the one who is owed money) or endorsed in blank (without specifying the name of the receipient). The allonge transfers the rights of the debt to the new holder, who is legally allowed to enforce the debt. The purpose of an allonge is to help establish the chain of ownership when a debt or obligation is transferred more than once. In the case of a real estate dispute, an allonge is often used to demonstrate that the current holder of the debt or mortgage has the rights to collect on it. If a dispute arises between the parties, then the allonge becomes an important document that may contain evidence that the debt or obligation is legally owned by the current holder. The court may also examine the allonge to determine that the current holder is in possession of the original note, mortgage, or debt. The court may also consider the allonge to determine if the debt has been transferred more than once, which could complicate matters and lead to a longer dispute resolution process. In conclusion, an allonge is an important document that is used in a real estate dispute to help establish who is legally entitled to collect on a debt or mortgage. The allonge also allows the court to determine the chain of ownership of the debt or mortgage, and helps to determine the extent of the rights of the current holder.
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