Hawaii Affidavit of Lost Promissory Note

State:
Multi-State
Control #:
US-00408
Format:
Word; 
Rich Text
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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 Hawaii Affidavit of Lost Promissory Note is a legal document that serves as proof of a lost or misplaced promissory note in the state of Hawaii. This affidavit is used when the original promissory note cannot be found, and it is necessary to establish the loss before a new note can be issued or any other legal action can be taken. The affidavit serves as a sworn statement by the party who lost the promissory note, stating the circumstances of the loss or misplacement. It typically includes information such as the date the note was executed, the amount of the note, the parties involved, and any additional details of the note. This document is crucial in protecting the interests of both the lender and the borrower. There are several types of Hawaii Affidavit of Lost Promissory Note, including: 1. General Affidavit of Lost Promissory Note: This is the most common type, used when a promissory note has been lost or misplaced, but there are no specific circumstances or peculiarities surrounding the loss. 2. Specific Affidavit of Lost Promissory Note: This type of affidavit is used when there are specific circumstances or details surrounding the loss of the promissory note. For example, if the note was lost during a natural disaster, or if there is suspicion of theft or fraud. 3. Affidavit of Lost Promissory Note for Mortgage: This particular type of affidavit is used in cases where a promissory note was executed as part of a mortgage agreement. It includes all the necessary details about the mortgage, such as the property address, the mortgage lender, and any other relevant information. In addition to the specific types mentioned above, the Hawaii Affidavit of Lost Promissory Note may also vary in format or language depending on the requirements of the court or lending institution. It is essential to consult with an attorney or seek legal advice to ensure compliance with the specific rules and regulations of the state of Hawaii.

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Affidavit

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FAQ

After issuance, a Promissory Note must be stamped according to the regulations of the Indian Stamp Act. The common practice is to use a revenue stamp on the note which is then signed by the promissory and/or cross signed by the borrower.

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.

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.

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.

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.

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.

The lender holds the promissory note while the loan is outstanding. When the loan is paid off, the note is marked as "paid in full" and returned to the borrower.

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.

Promissory notes are a common type of financial instrument in loan transactions. As the payer of such a note, it's important to know that, unless a note expressly stipulates that it is not negotiable, promissory notes are negotiable instruments that can be transferred or assigned by the original payee to a third party.

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Hawaii Affidavit of Lost Promissory Note