Lost Note Affidavit
(FL)

This template is a lost note affidavit that is provided by a lender when an original promissory note in the lender's possession has been lost. This affidavit may be used in a transaction transferring a note under Florida law when the lender has lost the original note. This template includes practical guidance, drafting notes, and alternate and optional clauses. Florida statutes, Fla. Stat. § 673.3091 and Fla. Stat. § 702.015, govern the enforcement of notes that are lost, destroyed, or stolen and the elements of a lost note affidavit. Consult with local counsel to ensure the factual circumstances covered by the affidavit will satisfy the applicable Florida statutes and local rules. Conform the capitalized terms used in this template to the defined terms in the relevant credit agreement. For a template of a general affidavit for use in Florida state courts, see Affidavit (FL). For templates of promissory notes, see Promissory Note (Acquisition Loan) (Pro-Lender) (FL), Promissory Note and Security Agreement, Revolving Promissory Note (Credit Agreement), and Term Loan Promissory Note (Credit Agreement). For additional guidance on commercial real estate financing in Florida, see Commercial Real Estate Financing (FL).