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.
Lost Note Affidavit Form Foreclosure In Harris
Category:
State:
Multi-State
County:
Harris
Control #:
US-00408
Format:
Word;
Rich Text
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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. This note is intended to help counsel for the lender ensure that all pre-suit obligations are met to avoid any delays or defenses to the foreclosure.O If the note is lost or destroyed, it is possible for a plaintiff to prosecute a foreclosure action, but only upon meeting the requirements of UCC § 3-804,. Recover lost promissory notes with ease. In Wells Fargo Bank, N.A. v. The note represents the promise or agreement of the homeowner. The father failed to provide the affidavit of heirship, which resulted in the foreclosure going through. (f) Lost note affidavit.