Confirm compliance and indicate dates: Original note and mortgage, and assignment, if applicable, provided to the Court. The Original Note must be surrendered for cancellation at the hearing unless it is a lost note case.The defendant must specifically deny lost note allegations (see forms). 2. Generally speaking I like to file a counterclaim with the affirmative defenses. However, the better practice is to have an executed and recorded assignment of mortgage attached to the complaint. Visit the Mortgage Foreclosure Office or the Online Foreclosure Auction to review court files of the different properties offered for sale. Request your information be redacted. Form 1.944(b) - MORTGAGE FORECLOSURE. (When location of original note unknown). COMPLAINT. 702.015 Elements of complaint; lost, destroyed, or stolen note affidavit.—.