Standing to enforce a note, and the documentation that establishes it.
Esshaki Legal Media TeamCurrent as of June 2026
Enforcement of a promissory note requires the plaintiff to be the person
entitled to enforce it, which is a documentary question that has generated
extensive litigation.
Person entitled to enforce. The holder of the instrument; a non-holder in
possession with the rights of a holder; or a person entitled to enforce a lost,
destroyed or stolen instrument under the statutory procedure.
Holder requires possession plus proper indorsement — to the plaintiff
specifically, or in blank. An allonge must be affixed.
Transfer without indorsement passes the right to enforce but not holder
status, and the transferee must prove the transaction giving rise to the
transfer.
Lost note affidavits must establish that the plaintiff was entitled to
enforce when the instrument was lost, that loss was not through transfer or
lawful seizure, and that the instrument cannot reasonably be located. The court
must ensure the obligor is adequately protected against another claim.
Mortgage follows the note in most states, so the assignment of mortgage is
evidentiary rather than constitutive — though recording practice and statutes
vary.
Practical file discipline. Custodial records showing the chain of possession
and the indorsements, maintained from origination, prevent nearly all of this
litigation.