Standing and a Case of the Lost Note in Foreclosure Action
The court was confronted with the following central issues: whether a lost note affidavit complied with the requirements of enforcement of a lost, stolen or destroyed instrument, 13 Pa.C.S. Section 3309.
October 05, 2020 at 12:44 PM
7 minute read
On Sept. 9, 2020, the Superior Court handed down a noteworthy decision concerning a lost note in the context of mortgage foreclosure litigation. The court was confronted with the following central issues: whether a lost note affidavit complied with the requirements of enforcement of a lost, stolen or destroyed instrument, 13 Pa.C.S. Section 3309, and assuming compliance, did a lack of transfer of any interest in the note and lost note affidavit result in the assignee plaintiff bank's lack of standing to proceed in the foreclosure action.
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