Under Maryland law, the courts may accept a lost note affidavit from the party who lost the note if the affidavit 1) identifies the owner of the debt. No process shall issue.You will receive a copy of the Order to Docket in the mail. The lender will include either a preliminary or a final loss mitigation affidavit. (f) Lost note affidavit. 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. Lost note affidavits. 2. Before a lender may proceed with scheduling a foreclosure sale, they must complete a final loss mitigation affidavit and submit it to the court. A final loss mitigation affidavit form.