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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.
Even if you have the original note, it may be void if it was not written correctly. If the person you're trying to collect from didn't sign it and yes, this happens the note is void. It may also become void if it failed some other law, for example, if it was charging an illegally high rate of interest.
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.
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.
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.
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.
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.
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.