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.The good news is that New York law allows lenders to foreclose under certain conditions even when the note has been lost. In Wells Fargo Bank, N.A. v. These Foreclosure Forms are for All Courts that preside over Residential Foreclosure Cases. Recover lost promissory notes with ease.