Black Mountain Partners LLC Foreclosure Complaint

Petition (or Complaint) to Enjoin Nonjudicial Foreclosure Sale

IN THE COURT OF (County),

PLAINTIFF

V. CAUSE NO.

DEFENDANT

COMES NOW (Name of Plaintiff), Plaintiff (or Petitioner) in the above-styled and numbered cause, by and through her attorney, and files this her Complaint against Defendant (or Respondent), , and in support thereof would show unto the Court the following matters and facts:

1.

Plaintiff is an adult resident citizen of .

2.

Defendant is a corporation duly organized and existing under the laws of the State of , located in , and may be served with process by serving at .

3.

Plaintiff is seeking to restrain and enjoin Defendant and its Trustee, , from exercising a power of sale contained in a deed of trust executed by to Defendant, assumption of which was a part of the purchase price of the real property described below, when Plaintiff acquired the real property from . The Deed of Trust was recorded as document number in the official records of at . This Deed of Trust is hereafter referred to as the Deed of Trust and the real property described therein is referred to as the Property. A copy of the Deed of Trust is attached, marked Exhibit A, and incorporated by reference.

4.

Plaintiff is the present owner of the parcel of land in which land is described in the deed, dated which is recorded as document number in the official records of at . A true and correct copy of the Deed, marked as Exhibit A is attached and incorporated herein by reference. The land described in said Deed is hereinafter called Property.

5.

Plaintiff acquired the Property from , hereinafter called Grantor, and part of the consideration paid by Plaintiff to Grantor in acquiring Property was the assumption by Plaintiff of an existing indebtedness evidenced by a promissory note and secured by the above described Deed of Trust. The original principal sum of said note was $ .

6.

Plaintiff acquired the property referred to above, and paid a valuable consideration for such Property, as a bona fide purchaser, and understood and believed that the indebtedness secured by said Deed of Trust was current and in good standing at the time of the purchase. After the closing of the transaction by which Plaintiff purchased the Property, Plaintiff forwarded to Defendant a check for the next monthly payment due under the Note and informed Defendant of the purchase and assumption of the indebtedness. Said check was mailed to Defendant on .

7.

On Plaintiff received a letter from Defendant informing Plaintiff that the past three monthly payments on the Note had not been made by Grantor. The letter further pointed out that the Note provided for interest at the rate of per annum on delinquent payments. The letter gave no indication that the above-described note was being accelerated or that such acceleration would occur at any particular period of time. The letter was the first notice Plaintiff had of any preexisting delinquency with respect to the monthly payments under the above-described Note.

8.

Within a week after receipt of the said letter from Defendant, Plaintiff mailed to Defendant an additional monthly payment in the amount of $ .

9.

On Defendant informed Plaintiff that Defendant was maturing the above-described Note and that Defendant had elected to sell the Property to satisfy that unpaid indebtedness.

10.

Defendant intends to sell the Property, having given notice that sale of the Property will take place on , at , at . Unless restrained, Defendant will thus sell the Property or cause the Property to be sold. Such a sale would be to Plaintiff's great and irreparable injury, for which pecuniary compensation would not afford adequate relief, in that Plaintiff, having no right to redeem the Property from the sale, will forfeit the Property if the sale takes place as scheduled.

11.

An actual controversy has arisen and now exists between Plaintiff and Defendant regarding their respective rights and duties. Defendant contends that Plaintiff contends that A judicial declaration is necessary and appropriate at this time under all the circumstances so that Plaintiff may determine her rights and duties under the Note and Deed of Trust.

WHEREFORE, Plaintiff requests judgment as follows:

1. A temporary restraining order, a preliminary injunction, and a permanent injunction, all enjoining Defendant , and its agents, attorneys, and representatives, and all persons acting in concert or participating with them, from selling, attempting to sell, or causing to be sold the Property, either under the power of sale in the Deed of Trust or by judicial foreclosure action;

2. A declaration by the court that sale of the property to enforce the Deed of Trust is improper, in that ;

3. Costs of suit; and

4. Such other and further relief as the court may deem just and equitable.

Respectfully submitted,

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