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Remove Date Field into the Affidavit Of Lost Promissory Note And Indemnity Agreement

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Aug 6th, 2022

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How to Remove Date Field into the Affidavit Of Lost Promissory Note And Indemnity Agreement

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Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

Does a promissory note need to be dated?

Short answer: A promissory note must be signed by the borrower. However, an undated but signed promissory note is valid and effective because the signature date is not an essential element of a promissory note.

What is a promissory note indemnity agreement?

Such an agreement protects the noteholders ability to enforce the loan. An indemnity agreement also alleviates the borrower of all financial liability for executing a new promissory note to replace the one that was lost or damaged.

What is a lost promissory note?

The main purpose of the Affidavit of Lost Promissory Note and Indemnity Agreement is to protect the borrower. It assures that the borrower will not be held liable under both the original and the new note, and will not incur any costs in relation to executing the new note.

Is a loan enforceable without a promissory note?

Without a legally binding promissory note, a financial institution may not have any legal recourse to foreclose on the home or attempt to get their money back. Often, promissory notes are sold (along with mortgages) on the secondary mortgage market.

What happens if promissory note is lost?

Even if a promissory note is lost, the legal obliga on 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.

How do I get a copy of a 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.

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);

What is the indemnity of a lost loan note?

A collection of the lenders promises to the borrower, which collectively form the indemnity. The lender is here promising to release all claims that it might have against the borrower relating to the original note. This is another way of saying the original note will no longer be a valid instrument.

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