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How to Edit Affidavit Of Lost Promissory Note

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Who keeps the original promissory note?

The lender keeps the original promissory note until you have fulfilled all obligations, i.e., paid off, your mortgage. A promissory note will generally contain the following information: The total amount of money borrowed; Your interest rate (either fixed or adjustable);

How do I get a new promissory note?

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.

What makes a promissory note invalid?

Some common triggers that can invalidate and cause problems in a promissory note are: missing the payment schedule or interest rate, loss of the original copy of the document, and others. When a promissory note becomes invalid the lender cannot sue the borrower legally if they fail to make payments.

What makes a promissory note valid?

A promissory note must include the date of the loan, the dollar amount, the names of both parties, the rate of interest, any collateral involved, and the timeline for repayment. When this document is signed by the borrower, it becomes a legally binding contract.

Is a copy of a promissory note enforceable?

In a word: Yes. Some people are under the mistaken impression that if a lender cannot find the original note, or even a copy, then they cannot enforce the note, and consequently, cannot foreclose the mortgage.

Does a promissory note need to be recorded?

A promissory note refers to a written document stating that a certain amount of money will be paid to someone by a specified date. Generally, it is not necessary for the note to be recorded officially. The borrower is required to sign the note, but the lender may choose not to sign it.

Can a promissory note be transferred?

As the payer of such a note, its 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 if original promissory note is lost?

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.

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