The Nebraska Affidavit of Lost Promissory Note is a legal document used when a promissory note, which is a written promise to pay a debt, has been lost or misplaced. This affidavit is required to establish the loss of the promissory note and to provide a legal record of its absence. The affidavit is typically prepared by the person who lost the promissory note, also known as the affine. It includes relevant information such as the affine's full name, contact information, and relationship to the promissory note. The date and details of the original promissory note, including the principal amount, interest rate, and repayment terms, are also mentioned. The affine must state in the affidavit that they have made a thorough search for the promissory note and have been unable to locate it. This demonstrates due diligence in attempting to recover the document before declaring it lost. Additionally, the affine must certify that if the original promissory note is found in the future, they will promptly return it to the rightful owner. It is essential to include a description of the circumstances of the loss of the promissory note and any efforts made to locate it. Supporting evidence such as copies of related documents, correspondence, or witness statements can be attached to strengthen the credibility of the affidavit. There is generally only one type of Nebraska Affidavit of Lost Promissory Note, which is used in cases where the note has been lost or misplaced. However, the language and format of the affidavit may vary depending on the specific requirements of the county or court where it is being filed. It is advisable to check the local regulations or consult with an attorney to ensure compliance with any unique requirements. In conclusion, the Nebraska Affidavit of Lost Promissory Note is a legal document used to establish the loss of a promissory note and provide a record of its absence. It outlines the details of the original promissory note, describes efforts made to locate it, and certifies the commitment to return it if found in the future.
Nebraska Affidavit of Lost Promissory Note
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How to fill out Nebraska Affidavit Of Lost Promissory Note?
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FAQ
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.
I (Applicant Name as per id proof), residing at (Address as per address proof) do solemnly affirm and stated as under: I am and my name , appearing on the enclosed ID proof, is single name.
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.
What Should be Included in the AffidavitYour full name.Name of Institution.Period of course.Name of course.Name of marklist or certificate lost.Date of issue of the lost certificate.Registration number of the student.How you lost the certificate.More items...
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 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.
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.
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 bottom part of the Affidavit should include the following:Full name of the deponent and their signature.Statement indicating whether the affidavit has been sworn or not.Date and place where the affidavit is being signed.Designation and full name of the Notary or Magistrate (person attesting the affidavit)
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.