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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