North Carolina General Statutes Chapter 47. Probate and Registration § 47-46.3. Affidavit of lost note

Current as of January 01, 2023 | Updated by Findlaw Staff

No particular phrasing is required for an affidavit of lost note pursuant to G.S. 45-36(a)(6) as it was in effect prior to October 1, 2005. The following form, when properly completed, is sufficient to satisfy the requirements for an affidavit of lost note under G.S. 45-37(a)(6) as it was in effect prior to October 1, 2005.

AFFIDAVIT OF LOST NOTE

[Name of affiant] personally appeared before me in _____________ County, State of _____________, and having been duly sworn (or affirmed) made the following affidavit:

1. The affiant is the owner of the note or other indebtedness secured by the deed of trust, mortgage, or other instrument executed by _________________ (grantor, mortgagor), _______________ (trustee), and ____________________ (beneficiary, mortgagee), and recorded in ______________ County at ________________ (book and page); and

2. The note or other indebtedness has been lost and after the exercise of due diligence cannot be located.

3. The affiant certifies that all indebtedness secured by the deed of trust, mortgage, or other instrument was satisfied on ___________________, ________________ (date of satisfaction), and the affiant is responsible for cancellation of the same.

___________________________________

(Signature of affiant)

Sworn to (or affirmed) and subscribed before me this _______ day of __________________, ________.

[Signature and seal of notary public or other official authorized to administer oaths].

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Cite this article: FindLaw.com - North Carolina General Statutes Chapter 47. Probate and Registration § 47-46.3. Affidavit of lost note - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-47-probate-and-registration/nc-gen-st-sect-47-46-3/

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