Quote: Here is a question for everybody, if the allonge is not fixed to the alleged original Note, is that makes that Note just a copy and not the original?
In order for there to be a valid negotiation constituting the transferee as holder with a right of enforcement, there must be a valid indorsement and delivery.
In order for there to be a valid indorsement, the indorsement must either appear on the face or back of the instrument OR be affixed to the instrument upon an allonge. If the allonge is not affixed to the instrument, then the instrument has not been validly indorsed.
If you observe the original instrument and original allonge and the allonge is not affixed to the original note, then the note has not been indorsed. Therefore, no negotiation has occurred. Whether a copy of the allonge is affixed to a copy of the note is irrelevant, though a missing allonge may imply that the note was unindorsed at the date of the copy.
If you are foolish enough to simply inform the plaintiff of this defect then the defect can be instantly cured with a staple. Boy, you really showed them, didn't you! You pointed out a missing staple, they went and got a stapler and now you are homeless! Brilliant!!
If given the opportunity to inspect the original instrument, there are several procedural safeguards which ought to be employed. First, ALWAYS BRING AT LEAST ONE AND PREFERABLY MORE THAN ONE RELIABLE WITNESS TO INSPECT THE NOTE. Second, bring a camera. Third, COACH the witnesses in advance NOT to say or do anything to call attention to the missing staple. Fourth, photograph the note before touching or otherwise handling the instruments. (Realize that you might be accused of removing the staple!) Fifth, have one of the witnesses take photographs while the inspection is underway. Include the witnesses as well as the instrument in the photos. Sixth, AFTER completing the inspection, privately debrief the witnesses and have each review and inspect the photographs taken. Seventh, get each witness to immediately sign an affidavit attesting to the fact of their inspection and the fact that the staple is missing.
DO NOT HARBOR ANY ILLUSIONS THAT THE MISSING STAPLE IS GOING TO ULTIMATELY PREVENT AN ENFORCEMENT OF THE NOTE AND A COMPLETED FORECLOSURE. TO THE CONTRARY, ABOUT THE BEST OUTCOME (ABSENT OTHER ISSUES AND MISCHIEF IS A DISMISSAL DUE TO LACK OF STANDING. THEN THE PLAINTIFF STAPLES THE ALLONGE TO THE NOTE AND RE-FILES THE SUIT, CREDITOR'S CLAIM OR MOTION FOR RELIEF OF STAY, ETC.
The missing staple is a speedbump rather than a barricade. As noted by Perplexed, whether the allonge is affixed has no effect whatsoever on the fact of whether the note is an original or whether the note is valid and enforceable.