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Losing the original note or a copy The 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.
Losing the original note or a copy The 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.
It is a written promise to repay an amount owed by one party to another and contains the terms of such repayment. While a promissory note is not typically a \u201cnegotiable instrument\u201d as defined in the UCC, it is intended to be and is codified as an instrument that can be easily transferred by the lender to a third party.
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.
The buyer of the note becomes what is called a \u201cholder\u201d 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.
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Losing the original note or a copy The 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.
If available, a copy of the original note should be attached. The affidavit must be signed in the presence of a notary public. If the borrower refuses to sign a new promissory note, you will need to establish the lost note in court. This will require filing the affidavit along with other court documents.
The buyer of the note becomes what is called a \u201cholder\u201d 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.
Losing the original note or a copy The 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.
Generally, as long as the promissory note contains legally acceptable interest rates, the signatures of the two contracted parties, and are within the applicable Statute of Limitations, they can be upheld in a court of law.

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