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Even if a promissory note is lost, the legal obligation to repay the loan remains. The lender has a right to re-establish the note legally as long as it has not sold or transferred the note to another party.
You can get a copy of your Master Promissory Notes by going to studentloans.gov and entering your FSA ID. Click on Completed Master Promissory Notes under the menu bar heading that says My Loan Documents. The completed Master Promissory Notes will appear, and you can download them directly.
A lost note affidavit is a sworn statement made by the lender that it has lost the original note. The affidavit also contains factual representations from the lender about the status of the note and the loan.
Even if you have the original note, it may be void if it was not written correctly. If the person you're trying to collect from didn't sign it and yes, this happens the note is void. It may also become void if it failed some other law, for example, if it was charging an illegally high rate of interest.
Losing the original note or a copyThe original copy of a valid promissory note is usually held by the lender, but the borrower should also keep a copy of the signed document. If the borrower does not repay the loan, the lender can pursue appropriate legal action.
Even if a promissory note is lost, the legal obligation to repay the loan remains. The lender has a right to re-establish the note legally as long as it has not sold or transferred the note to another party.
Please Note: Affidavit should be notarized by Notary only (Code of Civil Procedure, 1908) and same should not be attested either by Chartered Accountant or Company Secretary or Cost Accountant.
You should demand to see your original promissory note if you are facing foreclosure of your home because only the party that holds the original note is allowed to sue you. If you bought a home, you probably didn't pay cash for it unless you are wealthy or you did a great job of saving money.
Sign and notarize it.Notarization is required too. Go to a notary in person, ask them to look at the form and validate your identity.