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. 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. In Wells Fargo Bank, N.A. v. There is also an Information Booklet (Form JD1) to assist with filling out the forms. If the form is not filled out correctly, that can lead to delay. In a judicial foreclosure, the lender must go through the Courts. Eighth Judicial District Court, Clark County; Valerie.