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.These Foreclosure Forms are for All Courts that preside over Residential Foreclosure Cases. 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. State of New York Title No. ss: County of ______ Account No.______. Title Insurance real estate forms archive containing over 300 forms in MS Word and Adobe acrobat format. New York is a judicial foreclosure state, which means that the lender has to sue the borrower in order to enforce their rights under the mortgage and note. To have standing to bring a foreclosure action, the lender must prove it has the original promissory note and mortgage. Forms ; Complaint Verification. PDF ; Summons with Notice.