In commercial real estate transactions, delivery of the original promissory note is typically a closing requirement, but originals can be misplaced, lost in transit, or separated from the loan file.
Lost Notes and the Security Requirement Under UCC §3-804
In commercial real estate transactions, delivery of the original promissory note is typically a closing requirement, but originals can be misplaced, lost in transit, or separated from the loan file. A missing note is not fatal to enforcement —it simply changes the plaintiff’s burden.
By
Jeffrey B. Steiner , Scott A. Weinberg and Joel C. Haims
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