This affidavit is for execution when an original promissory note has been lost. The form provides a description of the contents contained in the original note and the balance due on the note at the time the note was lost. The form must also be signed in the presence of a notary public.
Lost Note Affidavit Form Foreclosure In King
Category:
State:
Multi-State
County:
King
Control #:
US-00408
Format:
Word;
Rich Text
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Creating a lost note affidavit is an essential process for protecting the legal rights of all involved in a promissory note transaction. A plaintiff must allege that it is in possession of the underlying Note in order to establish that it has standing to prosecute the action.If a lender produces a lost note affidavit in lieu of an original note or copy thereof then borrowers may attack the lost note affidavit's validity instead. The good news is that New York law allows lenders to foreclose under certain conditions even when the note has been lost. In Wells Fargo Bank, N.A. v. O If the note is lost or destroyed, it is possible for a plaintiff to prosecute a foreclosure action, but only upon meeting the requirements of UCC § 3-804,. The missing document problem is as routine and simple to solve as retrieving the lost document from the bottom of an electric rotating file cabinet.