[WSBARP] Lost Original Promissory Note

[Craig Gourley]

Listmates.  A new fact pattern for me and I would appreciate your thoughts.    My client is the borrower on a private Note and DOT.  Original documents were sent per lenders request via US mail with tracking.  Post office says that the envelope was placed in the " parcel locker" and the key was placed in the lender's mail box.  Lender claims he never received the originals.  I believe him because my client has worked with this lender for years.  Post office insists they put it in the box and refuses to investigate further.

The question is what to do next.  There is an original P note and DOT floating around out there someplace.  Do we do a replacement Note?  Can some third party show up with the original and demand payment?  Maybe I am just paranoid and overthinking it.   I have not had this scenario in my 40 years so don't have a good solution off the top, of my head.   Thanks in advance.

GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
PH:  (360) 568-5065 (800) 291-8401
Fax: (360) 568-8092

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