Connecticut Affidavit of Lost Promissory Note

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Multi-State
Control #:
US-00408
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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.

The Connecticut Affidavit of Lost Promissory Note is a legal document used in the state of Connecticut to declare the loss of a promissory note and provide a sworn statement regarding the circumstances of its loss. A promissory note is a written contract that outlines a borrower's promise to repay a specific amount of money to a lender within a specified timeframe. The purpose of the Connecticut Affidavit of Lost Promissory Note is to enable the owner of the lost promissory note to pursue legal remedies, such as obtaining a duplicate or replacement note or taking legal action against the borrower. By completing this affidavit, the note owner can assert their rights, provide relevant details about the lost note, and request appropriate remedies from the court. The affidavit typically begins with an identification section, where the affine (the person making the affidavit) provides their full legal name, address, and contact information. It may also require the affine to identify themselves as the current holder or owner of the lost promissory note. The next section of the affidavit details the specific information about the lost promissory note. This includes the principal amount of the note, the date it was executed, the interest rate (if any), the maturity date, and any other terms or conditions outlined in the original note. The affine must then provide a detailed account of how the promissory note was lost, including the date and circumstances of the loss. It is essential to ensure that this section provides sufficient information to convince the court that the loss was genuine and not a deliberate attempt to defraud or mislead. The affidavit also typically includes statements affirming that there have been no transfers or assignments of the promissory note since its loss and that the affine has taken reasonable measures to locate the lost note or prevent its unauthorized use. In some cases, there may be different types of Connecticut Affidavit of Lost Promissory Note depending on the specific circumstances. For example, there could be separate affidavits for lost promissory notes related to real estate transactions, business loans, personal loans, or various types of financial instruments. However, the basic purpose and structure of the affidavit generally remain the same. It is important to consult with a legal professional or use an official template or form provided by the Connecticut judicial system to ensure accuracy and compliance with the state's specific requirements when preparing an Affidavit of Lost Promissory Note.

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FAQ

A promissory note is a written agreement to pay someone essentially an IOU. But it's not something to be taken lightly. "It is a legally binding written document effectuating a promise to repay money," says Andrea Wheeler, a business attorney and owner of Wheeler Legal PLLC of Florida.

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.

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.

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.

You should demand to see your original promissory note if you are facing foreclosure of your home because only the party that holds the original note is allowed to sue you. If you bought a home, you probably didn't pay cash for it unless you are wealthy or you did a great job of saving money.

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.

Losing the original note or a copyThe original copy of a valid promissory note is usually held by the lender, but the borrower should also keep a copy of the signed document. If the borrower does not repay the loan, the lender can pursue appropriate legal action.

1. Request loan paperwork from your lender. The lender can provide copies of the documents signed at closing. If the loan has changed hands, contact the most current servicer for a copy of your mortgage or deed of trust documents.

4. Search the county recorder's records. Promissory notes are typically recorded as public documents and accessible shortly after the closing. The trustee maintains the original deed until the loan is satisfied.

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If the original note is lost, destroyed, or stolen, the plaintiff must instead file an affidavit. Failure to comply with this requirement may ... A form of lost note affidavit for use by a lender in a commercial or residential foreclosure action in Ohio. This Standard Document has integrated notes ...Under Paragraph (b) the person seeking enforcement of the Note needs to prove the terms of the instrument and the person's right to enforce the ... P. 56(e). Lost note affidavits should either be based upon personal knowledge of the missing promissory note and the circumstances surrounding ... Here is the issue: UCC § 3-309 addresses the ability of a note holder to execute a lost note affidavit to enforce the debt. 30.23 Affidavit to settle full estateument in the court file is mislaid, lost or destroyed, a party mayprincipal payments on a promissory note. Promissory notes or other instruments are evidence of borrowing. The individual holding the document is at times the only one who can enforce it. These physical ... had the standing t0 enforce a lost promissory note as persons not in possessionofficer 0f Countrywide, executed a lost note affidavit ... Moreover, lenders may produce a lost note affidavit in lieu of the original promissory note or a copy thereof. The lost note affidavit may be sufficient if it ... AFFIDAVIT OF LOST MORTGAGE (Mortgage Stamps & Intang Tax)NOTE. NT A. NOTE AMENDED. NT C. NOTE CERTIFIED. NT RP. PROMISSORY NOTE SECURED BY REAL ...

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Connecticut Affidavit of Lost Promissory Note