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.
Santa Clara California Affidavit of Lost Promissory Note
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-00408
Format:
Word;
Rich Text
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How to fill out Affidavit Of Lost Promissory Note?
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FAQ
If you lose a promissory note, it can create complications in proving the debt. However, you can resolve this issue by preparing a Santa Clara California Affidavit of Lost Promissory Note. This affidavit serves to declare the note is lost and outlines the circumstances surrounding its disappearance, ensuring that you can still manage repayment without unnecessary delays.
Anyone may view or purchase a copy of any document (official record) that was recorded at the Santa Clara County Recorder's Office after 1850.
$1.65 per $500 or fraction thereof of consideration or value of interest conveyed applies, in addition to county transfer tax.
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.
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.
You can obtain a copy of your Grant Deed directly from the Los Angeles County Registrar-Recorder/County Clerk. No third party assistance is needed. The County Registrar-Recorder mails the original Grant Deed document to the homeowner after it is recorded. Therefore, you should already have your original Grant Deed.
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.
Preliminary Change of Ownership Forms are available online at the Assessor web site or can be mailed to you upon request by calling the Assessor's office at (408) 299-5500.
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.
