The Lost Note Affidavit serves as a crucial legal remedy in Canadian financial and business transactions when original promissory notes or negotiable instruments cannot be located. This document is typically required by financial institutions, courts, and other parties to establish the affiant's rights and provide protection for all involved parties. The affidavit must comply with federal legislation such as the Bills of Exchange Act and the Canada Evidence Act, as well as provincial requirements. It contains detailed information about the lost instrument, circumstances of loss, ownership verification, and indemnification provisions. The Lost Note Affidavit is particularly important in situations involving refinancing, estate administration, or debt collection where the original note is required but cannot be produced.
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1. Affiant Identification: Full legal name, address, and capacity of the person making the affidavit
2. Original Note Details: Complete description of the lost note including date, principal amount, interest rate, maker, payee, and maturity date
3. Ownership Declaration: Statement confirming the affiant's ownership of the note and right to enforce it
4. Loss Circumstances: Detailed explanation of when and how the note was lost, destroyed, or misplaced
5. Search Efforts: Description of efforts made to locate the missing note
6. Non-Transfer Declaration: Statement that the note was not sold, assigned, transferred, or pledged to any other party
7. Indemnification: Promise to indemnify and hold harmless the maker/issuer against any claims arising from the lost note
8. Request for Replacement: Formal request for replacement of the lost note or alternative resolution
9. Oath and Signature: Formal sworn statement and signature block with notary acknowledgment
1. Prior Payments: Details of any payments made on the note, used when there is a payment history to document
2. Security Details: Information about any collateral or security for the note, included when the note was secured
3. Co-Owner Declaration: Additional declarations for cases involving joint ownership of the note
4. Legal Representative Authority: Required when the affiant is acting in a representative capacity (executor, trustee, etc.)
5. Corporate Authorization: Required when the affiant is making the declaration on behalf of a corporation
1. Exhibit A - Copy of Original Note: If available, a copy of the lost note or relevant documentation
2. Exhibit B - Supporting Documents: Any relevant supporting documentation such as payment records, correspondence, or transfer records
3. Exhibit C - Search Documentation: Evidence of attempts to locate the note, such as correspondence with financial institutions
4. Exhibit D - Authorization Documents: Any power of attorney, corporate resolution, or other authority documentation when applicable
Relevant legal definitions
Clauses
Relevant Industries
Banking
Financial Services
Legal Services
Real Estate
Insurance
Investment Management
Corporate Services
Mortgage Lending
Private Lending
Estate Management
Relevant Teams
Legal
Compliance
Risk Management
Loan Administration
Document Management
Corporate Secretariat
Credit Administration
Collections
Mortgage Administration
Trust Administration
Relevant Roles
Legal Counsel
Bank Manager
Loan Officer
Compliance Officer
Risk Manager
Estate Administrator
Trust Officer
Corporate Secretary
Financial Administrator
Legal Administrator
Mortgage Officer
Collections Manager
Credit Manager
Document Control Specialist
Records Manager
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