Affidavits Related to the Note

Lost Note Affidavit

If the lender has lost or destroyed the original promissory note, the trustee may tender a Lost Note Affidavit setting forth the ownership of the original promissory note. The affidavit must be accompanied by the requisite additional fee of $250.00. This fee may be shown on the account as a charge to the noteholder. A copy of the note should be attached to this affidavit along with a copy of the letter sent to the borrower(s) pursuant to VA Code § 55.1-321.B, including the certified mail receipts and a voucher evidencing credit for the proceeds signed by the noteholder.

A suggested form of Lost Note Affidavit is available in the forms section of this website.

Electronic Note Affidavit

If there is no original promissory note as the note was created and signed electronically, the trustee may tender an Electronic Note Affidavit setting forth the ownership of the note, that the noteholder is authorized and entitled to receive payment of the debt, that the noteholder has not conveyed, assigned, pledged, hypothecated, encumbered or otherwise transferred the note or any of its interest therein to anyone, and the note is free and clear of all claims and encumbrances. The electronic note affidavit must be accompanied by the requisite additional fee of $250.00. This fee may be shown on the account as a charge to the noteholder. A printout of the note and copy of the MERS eRegistry Transaction History should be attached to this affidavit along with a copy of the letter sent to the borrower(s) pursuant to VA Code § 55.1-321.B, including the certified mail receipts and a voucher evidencing credit for the proceeds signed by the noteholder.

A suggested form of Electronic Note Affidavit is available in the forms section of this website.