Massachusetts 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.

The Massachusetts Affidavit of Lost Promissory Note is a legal document used in the state of Massachusetts when an original promissory note has been lost, destroyed, or misplaced by the holder. This affidavit serves as a sworn statement from the holder of the promissory note, confirming the loss of the original document and providing all relevant details and circumstances of its loss. The affidavit is typically required before a holder can proceed with any legal actions related to the promissory note, such as enforcing its terms or seeking damages. It helps to establish that the original note is indeed lost and that the holder has made reasonable efforts to locate it. The Massachusetts Affidavit of Lost Promissory Note typically includes the following information: 1. Identification details: The full legal name, address, and contact information of the affine (the person making the affidavit). 2. Description of the promissory note: This includes the unique identifying number, the date of issuance, the principal amount, and any relevant details about the terms and conditions of the note. 3. Statement of loss: The affine must explicitly state that the original promissory note has been lost, destroyed, or misplaced despite reasonable efforts to locate it. They may provide a brief account of how the loss occurred. 4. Diligent search efforts: The affine must outline the steps taken to locate the original note, such as contacting all parties involved, searching relevant locations, and reviewing any records or documents that may help locate the note. 5. Confirmation of ownership: The affine must declare that they are the lawful holder of the promissory note and have a legal right to execute the affidavit. 6. Indemnity provision: In many cases, the affidavit includes an indemnity clause, in which the affine agrees to indemnify and hold harmless any subsequent holder or innocent party who may present the original note. It is important to note that while the information provided here is generally applicable, there may be variations in the specific requirements or terminology used across different jurisdictions or courts within Massachusetts. There may also be different types or variations of the Massachusetts Affidavit of Lost Promissory Note, depending on the specific circumstances or the preferences of the court or institution involved.

Free preview
  • Preview Affidavit of Lost Promissory Note
  • Preview Affidavit of Lost Promissory Note

How to fill out Massachusetts Affidavit Of Lost Promissory Note?

US Legal Forms - one of the largest compilations of legal documents in the United States - provides a variety of legal document templates that you can obtain or create.

By utilizing the website, you can locate thousands of forms for business and personal purposes, organized by categories, states, or keywords. You can access the latest versions of documents such as the Massachusetts Affidavit of Lost Promissory Note within minutes.

If you already have a monthly subscription, Log In and retrieve the Massachusetts Affidavit of Lost Promissory Note from the US Legal Forms catalog. The Download button will appear on every document you view. You can access all previously downloaded documents from the My documents section of your account.

Modify. Complete, edit, print, and sign the acquired Massachusetts Affidavit of Lost Promissory Note.

Every template you add to your account has no expiration date and belongs to you permanently. Therefore, if you wish to obtain or create another copy, simply navigate to the My documents section and click on the form you need. Access the Massachusetts Affidavit of Lost Promissory Note with US Legal Forms, the most comprehensive collection of legal document templates. Utilize a vast array of professional and state-specific templates that fulfill your business or personal needs.

  1. To use US Legal Forms for the first time, follow these simple steps.
  2. Ensure that you have selected the correct document for your city/area. Click on the Review button to check the content of the document. Read the document description to confirm that you have chosen the right one.
  3. If the document does not meet your requirements, use the Search box at the top of the screen to find one that does.
  4. If you are satisfied with the form, finalize your choice by clicking the Acquire now button. Then, select the payment plan you want and provide your information to register for an account.
  5. Process the payment. Use your credit card or PayPal account to complete the transaction.
  6. Select the format and download the document to your device.
Decorative icon for this block

Affidavit

Preparing documents is easier when you use US Legal Forms. Answer a few simple questions, and get an Affidavit form that suits your needs saved right to your device.

Form popularity

FAQ

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.

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.

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.

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.

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.

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 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.

Interesting Questions

More info

What Happens When a Promissory Note Is Not Paid? ? This type of document enforces a borrower's promise to pay back a lender by a specified period of time, ... Individuals can file affidavits of loss for other types of document,An affidavit of lost note is filed when a promissory note or another record of ...Sept 19, 2017 ? Lowell, Massachusetts, where defendant resides (?the property?). (Docket Entry # 1).promissory note and if the note was even lost.43 pages Sept 19, 2017 ? Lowell, Massachusetts, where defendant resides (?the property?). (Docket Entry # 1).promissory note and if the note was even lost. FOR VALUE RECEIVED, on the Maturity Date, as such term is defined in Section 1.1(c) below, (i) INVIVO THERAPEUTICS HOLDINGS CORP., a Nevada ... Enforce a promissory note and foreclose on a mortgage/deed and were real partiesmortgages/deeds and affidavits of lost notes and indebtedness. 48. In ... 7 days ago ? This means that if the payment is not made by the borrower that the lender would have to either file in small claims court or through other ... And I would note that the legislation that we got signed into law makes ithow servicers track affidavits, security instruments, and promissory notes, ... Mass. 2014), af'd 523 B.R. 749 (B.A.P. lst Cir. 2014) .had the standing t0 enforce a lost promissory note as persons not in possession ... 569 (2012), a mortgage may be foreclosed upon when the mortgage holder purports to hold the note by assignment of a lost note affidavit.

Trusted and secure by over 3 million people of the world’s leading companies

Massachusetts Affidavit of Lost Promissory Note