Request for Original Documents

Demands production of the wet-ink original promissory note. Exposes whether they actually have the original or if it's been "lost" — a major red flag suggesting fraud or multiple sales.

Legal Authority
UCC 3-309, 3-501
Response Requested
30 Days
Purpose
Prove Standing
Result
Evidence for Defense
Why This Request is Critical
  • The "original" note proves standing — Without it, they can't foreclose
  • Endorsements show chain of title — Often broken or fraudulent
  • "Lost" notes are suspicious — Likely sold multiple times
  • Copies aren't sufficient for foreclosure in many states
  • This exposes securitization fraud — Note may be in a trust
  • Creates evidentiary record — Their response becomes evidence
Critical Warning

If they claim the note is "lost," this is a major red flag. Lost note affidavits are often fraudulent. The note was likely:

  • Sold multiple times
  • Transferred to a securitization trust
  • Destroyed after securitization
  • Never properly endorsed

Template

[YOUR FULL NAME]
[YOUR STREET ADDRESS]
[CITY, STATE ZIP]
[YOUR PHONE NUMBER]
[YOUR EMAIL]

[DATE]

SENT VIA CERTIFIED MAIL # [CERTIFIED MAIL NUMBER]

[CURRENT SERVICER NAME]
Attention: Legal Department / Document Custodian
[SERVICER ADDRESS]
[CITY, STATE ZIP]

RE: DEMAND FOR PRODUCTION OF ORIGINAL DOCUMENTS
Loan Number: [YOUR LOAN NUMBER]
Property Address: [PROPERTY ADDRESS]
Original Loan Date: [LOAN DATE]

Dear Sir/Madam:

I am the borrower on the above-referenced loan. This is a formal demand for you to produce the original documents related to my loan, not copies or reproductions.

LEGAL BASIS FOR THIS REQUEST:
Under UCC § 3-501, I have the right to demand presentment of the original promissory note. Under UCC § 3-309, enforcement of a lost note requires specific proofs. The burden is on you to prove possession and the right to enforce.

I DEMAND PRODUCTION OF THE FOLLOWING ORIGINAL DOCUMENTS:

1. THE ORIGINAL PROMISSORY NOTE ("WET-INK" SIGNATURE)

  • The actual original note I signed, not a copy
  • Showing my original signature in ink
  • With ALL endorsements on the note or attached allonges
  • Showing complete chain of ownership
  • If endorsed in blank, proof of possession

2. ALL ENDORSEMENTS AND ALLONGES

  • Every endorsement from originator to current holder
  • Properly affixed allonges if endorsement space exhausted
  • Dates of all transfers
  • Proof that endorsements were completed before any default

3. THE ORIGINAL DEED OF TRUST/MORTGAGE

  • Original recorded document
  • With all modifications attached
  • Showing recording information

4. ORIGINAL LOAN APPLICATION

  • The actual application I submitted
  • All pages, including disclosures
  • Showing terms I agreed to

5. ORIGINAL CLOSING DOCUMENTS

  • HUD-1 Settlement Statement or Closing Disclosure
  • Truth in Lending disclosures
  • Good Faith Estimate
  • All documents I signed at closing
"WET-INK" ORIGINAL NOTE REQUIREMENT

I specifically demand to inspect the "wet-ink" original promissory note. This means:

  • The actual paper document I signed
  • Showing my original signature in ink (not a copy)
  • Available for physical inspection
  • Not an electronic copy, photocopy, or "certified copy"

If you claim to have the original, I demand the opportunity to physically inspect it at a mutually agreeable location.

ENDORSEMENT CHAIN REQUIREMENTS

The original note must show a complete chain of endorsements proving:

  1. Transfer from original lender to any intermediate parties
  2. Transfer to current claimed holder
  3. Each endorsement must be:
    • Physically on the note or properly affixed allonge
    • Signed by authorized party
    • Dated (or provable as to when executed)
  4. If endorsed in blank, proof of physical possession
  5. If claimed lost, strict compliance with UCC § 3-309

IF YOU CANNOT PRODUCE THE ORIGINAL NOTE:

If you cannot produce the original promissory note, you must provide:

1. Lost Note Affidavit that includes:

  • When and how the note was lost
  • Who last had possession
  • What searches were conducted
  • Why it cannot be produced
  • Under penalty of perjury

2. Proof of Ownership despite loss:

  • Complete chain of transfers
  • Evidence you were entitled to enforce when lost
  • Indemnification agreements

3. Security/Indemnification:

  • Adequate protection against multiple claims
  • Bond or other security as required by UCC § 3-309

SECURITIZATION DISCLOSURE REQUIRED:

If this loan has been securitized (sold to a trust), you must disclose:

  • Name of the trust
  • Date of securitization
  • Whether the note was transferred to the trust
  • Location of the original note
  • Your authority to act for the trust
Legal Consequences of Non-Production

Be advised that failure to produce the original note has the following consequences:

  1. No Standing to Foreclose — Without the original note or proper lost note affidavit, you lack standing
  2. Evidence of Fraud — Inability to produce suggests fraudulent transfers or multiple sales
  3. Discovery Rights — In litigation, I will demand extensive discovery about the note's whereabouts
  4. Criminal Implications — False claims about note ownership may violate 18 U.S.C. § 1001 and other statutes
  5. Quiet Title Action — I may file action to clear title based on your inability to prove rights

PRODUCTION DEADLINE:

You have thirty (30) days from receipt of this letter to:

  1. Produce all requested original documents for inspection, OR
  2. Provide detailed explanation why each original cannot be produced, OR
  3. Admit you do not have possession or right to enforce

METHOD OF PRODUCTION:

For original documents you can produce:

  • Make them available for inspection at a location within [50] miles of my residence, OR
  • Send certified copies WITH an affidavit that originals exist and will be produced at trial, OR
  • Have them inspected by my designated representative

PRESERVATION OF EVIDENCE NOTICE:

You are hereby notified to preserve all documents, electronic records, emails, and other evidence relating to this loan and the location/possession of the original documents. Spoliation of evidence may result in sanctions.

RESERVATION OF RIGHTS:

I reserve all rights, including but not limited to:

  • The right to challenge any foreclosure based on lack of standing
  • The right to raise UCC § 3-305 defenses
  • The right to claim fraud if documents are falsified
  • The right to seek damages for wrongful foreclosure
  • The right to quiet title based on broken chain of title
  • The right to criminal referrals for document fraud
WARNING

Producing fraudulent documents, false assignments, or "recreated" notes is a federal crime under 18 U.S.C. § 1001 (false statements), 18 U.S.C. § 1341 (mail fraud), and other statutes. Each fraudulent document is a separate felony.

Your failure to produce the original documents will be used as evidence that you lack standing and have no right to enforce the alleged obligation. Time is of the essence.

Sincerely,


_________________________________
[YOUR PRINTED NAME]
Borrower
Date: [DATE]

cc:
[Your Attorney - if applicable]
Consumer Financial Protection Bureau
[Your State] Attorney General
[Your State] Banking Department

Post-Mailing Checklist

  • Sent via Certified Mail with Return Receipt
  • Copy of letter kept for records
  • Mailing receipts preserved
  • Calendar marked: 30-day deadline
  • Prepared to document their failure if no response
  • Consider quiet title action if they can't produce

Legal Citations

UCC § 3-301 — Person entitled to enforce instrument
UCC § 3-309 — Enforcement of lost, destroyed, or stolen instrument
UCC § 3-501 — Presentment
18 U.S.C. § 1001 — False statements
18 U.S.C. § 1341 — Mail fraud

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