Set Aside Foreclosure and Decree and Motion for New Trial

Prove Up of the Claim

To recover on a promissory note the Plaintiff (lender) must prove existence of the note.

To recover on a promissory note, the plaintiff must prove:

(1) the existence of the note in question;

(2) that the party sued signed the note;

(3) that the plaintiff is the owner or holder of the note in due course; and (4) that a certain balance is due and owing on the note.

In a foreclosure, if a default judgment is entered you can file a