Back in the 90’s count II of a foreclosure complaint was to re-establish a lost or destroyed note. It was standard in the complaints. No one thought much of it. In the late 90’s there were rumblings of re-establishing a lost or destroyed note, being illegal. Fast forward to current day and you will see along with the complaint in a foreclosure case, an affidavit by the plaintiff’s attorney stating they have possession of the original note.