Lost Note Affidavit - California

California · Fillable PDF · Free

Replace a lost original promissory note with a sworn affidavit. The owner of a lost, stolen or destroyed promissory note needs to document the loss and indemnity for a receiving trustee, borrower or other party. An affidavit alone does not guarantee enforcement or reconveyance; confirm acceptance and any additional protection requirements with an attorney or title company.

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Who this form is for

  • Note owners documenting a missing original promissory note after a diligent search.
  • Authorized officers or trustees signing for the note owner.
  • People assembling documentation for a reconveyance or reviewing a lost-note issue with an attorney.

What you'll need

  • Available note copies and payment records, original amount and date, borrower and lender names, and unpaid balance.
  • Any securing deed of trust's county and recording information.
  • The loss circumstances, evidence of ownership and authority, the recipient's requirements and acceptable identification.

How to complete it

  1. Search files and check with any escrow company, attorney or loan servicer. Review the packet and confirm this form fits the note's ownership and transfer history.
  2. Enter the note, owner and secured-loan information accurately and explain how and when the original went missing.
  3. Read the no-transfer statement and indemnity carefully. Do not sign an inaccurate statement; seek legal advice if the note was transferred, pledged or another person claims an interest.
  4. Save and check the PDF in your own PDF app, then print. The owner or authorized representative signs under oath before a notary. Give the affidavit to the requesting party with supporting records and satisfy any required bond, security or court requirements.

Related California forms

These forms are a free convenience, not legal advice. First Choice Mobile Notary & Apostille is not a law firm. Consult an attorney licensed in the relevant state for legal questions.

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