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Daniel L. Koch, Ch. 13, BK11-40529-TJM (May 30, 2012)

 A lender who cannot produce the promissory note it is attempting to foreclose and takes the position that the note is lost must comply with Neb. U.C.C. § 3-309 and prove by clear and convincing evidence that it no longer has possession of the instrument.

Wednesday, May 30, 2012