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. In Wells Fargo Bank, N.A. v.Provided a Lost Note Affidavit and a digital copy of the Note. 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. Creating a lost note affidavit is an essential process for protecting the legal rights of all involved in a promissory note transaction. Recover lost promissory notes with ease. The Answer is your response to the Summons and Complaint and tells the court your defenses or reasons why the mortgage Lender must not win the case. Compiler's note: The repealed section pertained to affidavits as to parties to instruments, recording, and perjury. Filling in the outlines of the test. To start a case in Small Claims Court, you must file an Affidavit and Claim in the Small Claims Court.