Middlesex Massachusetts Affidavit of Lost Promissory Note

State:
Multi-State
County:
Middlesex
Control #:
US-00408
Format:
Word; 
Rich Text
Instant download

Description

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.

Middlesex Massachusetts Affidavit of Lost Promissory Note is a legal document that serves as evidence of the loss or destruction of a promissory note. This affidavit is commonly used in Middlesex County, Massachusetts, to establish the loss of a promissory note and request its replacement. Key elements included in a Middlesex Massachusetts Affidavit of Lost Promissory Note typically consist of: 1. Identification: The affidavit begins with the identification of the affine, who is the person making the statement. Their name, address, and contact details are provided. 2. Lost Promissory Note Details: The affidavit specifies the details of the lost promissory note, including the date of issuance, its original amount, the name of the borrower, and the lender or holder of the note. 3. Circumstances of Loss: The affine explains the circumstances under which the promissory note was lost or destroyed. This may involve describing events such as theft, misplacement, damage, or natural disaster. 4. Diligent Search: The affine confirms that despite making a diligent and exhaustive search, the lost promissory note could not be located or recovered. This step may require detailing the efforts made, such as checking personal records, contacting relevant parties, or searching physical locations. 5. Legal Consequences: The affine acknowledges the legal implications of having lost the promissory note and assures that they will hold the lender harmless from any claims or liability that may arise as a result. 6. Request for Replacement: The affidavit concludes by formally requesting the replacement of the lost promissory note. This might entail obtaining a duplicate note or issuing a substitute one. Please note that there might not be different types of Middlesex Massachusetts Affidavit of Lost Promissory Note, as the purpose and content described above generally remain consistent across cases. However, it is always recommended consulting legal professionals or specific court guidelines to ensure accuracy and completeness while preparing this document.

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FAQ

When you take out a mortgage, or any other kind of loan, the law requires you to sign a document that signifies your agreement to repay the money. The promissory note represents a binding legal document, enforceable in a court of law.

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.

The buyer of the note becomes what is called a holder because they hold your note as the owner of it. A holder has a special right to collect from you right away if you don't pay. But only the holder of an original promissory note can collect from you. A promissory note can change many hands as it is bought and sold.

When you take out a mortgage, or any other kind of loan, the law requires you to sign a document that signifies your agreement to repay the money. The promissory note represents a binding legal document, enforceable in a court of law.

By Practical Law Finance. Maintained 2022 USA (National/Federal) A standard form of affidavit used when a promissory note has been delivered to a lender in a financing transaction and subsequently lost by that lender.

The buyer of the note becomes what is called a holder because they hold your note as the owner of it. A holder has a special right to collect from you right away if you don't pay. But only the holder of an original promissory note can collect from you. A promissory note can change many hands as it is bought and sold.

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.

A Lost Instrument Bond (also known as a Lost Note or Lost Deed Bond) is used when a financial certificate is lost or stolen. Before the bank or financial institution issues you a replacement, they might require you to secure a Lost Note Bond.

1. Request loan paperwork from your lender. The lender can provide copies of the documents signed at closing. If the loan has changed hands, contact the most current servicer for a copy of your mortgage or deed of trust documents.

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.

More info

I am the Lender and payee under the following described promissory note (the "Note"). See Master Promissory Note.Federal Parent (PLUS) Loans: Loans to parents taken out on students' behalf. The applicant can choose someone to help them complete their application. EXHIBIT 3N—Adjustable Rate Note . Owner must live in the property as their primary residence. Dicatory hearing, and lost. Each year, CT State receives more than 50,000 applications for student financial assistance to help cover college costs. An 1844 letter from his son.

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Middlesex Massachusetts Affidavit of Lost Promissory Note