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. State of New York Title No. ss: County of ______ Account No.______.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. In Wells Fargo Bank, N.A. v. If the original promissory note cannot be located, a lost note affidavit might be accepted. Creating a lost note affidavit is an essential process for protecting the legal rights of all involved in a promissory note transaction. To view upcoming and current Sheriff's foreclosures sales, please click the 'Access Sales Listings' button below. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms.