Colorado Affidavit of Lost Promissory Note

State:
Multi-State
Control #:
US-00408
Format:
Word; 
Rich Text
Instant download

Description

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.
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Affidavit

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FAQ

Mark paid in full on the promissory note. The lender prepares the promissory note for return to the borrower by marking paid in full on the front of the note. Stamp this notation onto the promissory note or make the notation in written form.

Even if a promissory note is lost, the legal obligation to repay the loan remains. The lender has a right to re-establish the note legally as long as it has not sold or transferred the note to another party.

The buyer of the note becomes what is called a holder because they hold your note as the owner of it. A holder has a special right to collect from you right away if you don't pay. But only the holder of an original promissory note can collect from you. A promissory note can change many hands as it is bought and sold.

A lost note affidavit is a sworn statement made by the lender that it has lost the original note. The affidavit also contains factual representations from the lender about the status of the note and the loan.

Affidavit of LossFull legal name of the affiant;Date of birth of the affiant;Address of the affiant;Identifying details of the lost item;The date of loss or discovery of loss;An explanation of the circumstances surrounding the loss; and.The signature and notarization.

You can get a copy of your Master Promissory Notes by going to studentloans.gov and entering your FSA ID. Click on Completed Master Promissory Notes under the menu bar heading that says My Loan Documents. The completed Master Promissory Notes will appear, and you can download them directly.

Circumstances for Release of a Promissory NoteThe debt owed on a promissory note either can be paid off, or the noteholder can forgive the debt even if it has not been fully paid. In either case, a release of promissory note needs to be signed by the noteholder.

Even if a promissory note is lost, the legal obligation to repay the loan remains. The lender has a right to re-establish the note legally as long as it has not sold or transferred the note to another party.

If you are borrowing money from a lending institution, they will have someone on staff who creates a promissory note. However, if you need a promissory note for a personal loan or a loan between friends and family, you can contact a lawyer or financial professional to help you create a promissory note.

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Colorado Affidavit of Lost Promissory Note