Fill and Sign the Complaint Against Property Form

IN THE ___________________________ COURT OF ___________________________________ (County), _____________________________________________ (State) ______________________________________________ PLAINTIFF V. CAUSE NO. ______-______ _______________________________________________ DEFENDANT COMPLAINT COMES NOW ____________________________________________ , Plaintiff in the above-styled and numbered cause, by and through his attorneys, and files this his Complaint against Defendant, ______________________________________________, and in support thereof would show unto the Court the following matters and facts: 1. Plaintiff resides at of __________________________________________ ________________________________________________________________________ ___________________________________ (street address, city, county, state, zip code). 2. Defendant resides at ___________________________________________ ________________________________________________________________________ ____________________________________ (street address, city, county, state, zip code) and may be served with process at said address. 3. On _______________________________ (date), Defendant executed a certain Deed of Trust which is recorded in the office of the _______________________ ________________________________________________________________________ ___________________ (County official’s name and office where Deeds are recorded) of _____________________________________________________________________ (county and state), hereinafter called County Clerk, in Book ____ at Page ____ thereof, of the records of Mortgages and Deeds of Trust on land. 4 . On _________________________ (date), Plaintiff, as the beneficiary and owner of said Deed of Trust, substituted ______________________________________ (Attorney) in place of the Trustee named in the said Deed of Trust in accordance with the terms of said Deed of Trust. Said Substitution of Trustee has been duly recorded in the County Clerk’s office in Book ____ at Page ____ of the records of Mortgages and Deeds of Trust on land. 6. On _____________________________ (date), Defendant defaulted in his obligations of said Deed of Trust and said ____________________________________ (Attorney) as Substituted Trustee was therefore called upon to sell said property covered by the Deed of Trust pursuant to the provisions of said Deed of Trust for the purpose of raising a sum necessary to satisfy said indebtedness secured by said Deed of Trust, together with the expenses of selling same, including Trustee's and Attorney's fees. 7. On _______________________________ (date), said Substituted Trustee, gave notice pursuant to the law of the _________________________________________ (state) and the terms of said Deed of Trust that on _______________________________ (date), between the hours of ____o'clock a.m. and ____o'clock p.m., being legal hours of sale, he would proceed to sell, at public outcry to the highest bidder for cash at __________________________________________________ (e.g., County Courthouse) of _______________________________________________________________ (county and state), the land and property described and conveyed in said Deed of Trust (hereinafter called Property). 8. On _____________________________________ (date), said Substituted Trustee, sold said Property to Plaintiff in accordance with said notice and the laws of the ____________________________________________ (state), Plaintiff being the highest bidder. Pursuant to the terms of said Deed of Trust and the laws of the ____________________________________________ (state), said Substituted Trustee did execute and deliver a Trustee’s Deed to Plaintiff thereby conveying fee simple title of the Property to Plaintiff. Plaintiff then caused said Deed to be recorded in the County Clerk’s office in Book ____ at Page ____ of the records of Mortgages and Deeds of Trust on land. A copy of said Deed is as Exhibit A and incorporated herein by reference. 9. At the time the Trustee’s Deed was delivered to Plaintiff, Defendant was in possession of the Property and remained in possession after delivery of the said Deed to Plaintiff. 10. On ____________________________________ (date), Plaintiff caused to be served on Defendant a written notice stating that Plaintiff had purchased the Property and that Plaintiff's title had been duly perfected and demanding that Defendant quit the Premises within _______________________ (e.g., three) days after service of the notice. A copy of the notice is attached as Exhibit B, and incorporated herein by reference. 11. The ___________________________ (e.g., three) period expired on _____________________________________ (date), and since that date Plaintiff has been and is entitled to immediate possession of the Property . 12. Defendant has failed and refused to deliver up possession within the ______________________________ (e.g., three) period or since and continues in possession of the Property without Plaintiff's permission or consent. 13. The reasonable rental value of the Property is $_________________ per day, and the damages to Plaintiff proximately caused by Defendant's unlawful detention have accrued at that rate since ______________________________________ (date after which notice expired), and will continue to accrue at that rate so long as Defendant remains in possession of the Property . WHEREFORE, Plaintiff requests that: 1. Judgment be granted against Defendant awarding possession of the Property to Plaintiff; 2. A warrant be immediately issued to remove Defendant from possession of the Property; 3. Plaintiff be rewarded all costs of this proceeding; 4. Plaintiff be rewarded rent of $________________ per day for each day Defendant has unlawfully remained on Property . 5. Plaintiff be awarded a reasonable attorney fee; and 6. Plaintiff be awarded such other relief as the Court deems proper. Respectfully submitted, ____________________________________ PLAINTIFF By: _______________________________ (Attorney) State Bar No. _____________ One of Its Attorneys OF COUNSEL: ___________________________________________ Post Office Box _______-____________ City, State, Zip Code _____________________________________________________ ______________________________ Telephone: _______-_______-__________