Chapter 4-8 Standing to Enforce a Lost Note

• Jurisdiction: Florida

4-8 Standing to Enforce a Lost Note

A lost instrument can be enforced if the person seeking to enforce the instrument was entitled to enforce it when the loss occurred or acquired ownership of it from someone entitled to enforce it when the loss occurred, the loss was not the result of a transfer or seizure, and the instrument cannot reasonably be obtained.⁷³ There is no requirement that the plaintiff prove exactly how possession was lost.⁷⁴ Proving the circumstances of the note's loss is necessary only if it is required to prove that the plaintiff was entitled to enforce it when the loss occurred.⁷⁵ A note may be assigned or transferred, even though it is lost.⁷⁶ The person seeking to enforce the instrument must prove the terms of the instrument and the right to enforce it, and then it is as if the person has produced the instrument.⁷⁷ The person may do so either through a lost note affidavit or by testimony from a person with knowledge.⁷⁸ Standing to enforce a lost note that has been reestablished must be proven in the same manner as an original note that had not been lost.⁷⁹ The fact that an original note is lost at the time the complaint is...