If I am holding a note that is in defaultI am holding a note that’s in default, what happens if I can’t find the original?
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If I am holding a note that is in defaultI am holding a note that’s in default, what happens if I can’t find the original?
Borrower signed a confession of judgment but I only have photocopies.
Asked on April 2, 2012 under Bankruptcy Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Did you by any chance file the note? I would take what you have to an attorney to review on your behalf. Original documents are generally required as copies can be altered. If a copy if authenticated by say, the perso who signed the satisfaction, then you may be in the clear. You have a best evidence rule issue. Yours is not the best. Good luck.
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