Fill and Sign the Complaint Petition Template Form

IN THE _________________________________ (Name of Court) COURT OF _____________________________________ (Name of County), _______________________________________ (Name of State) __________________________________________ PLAINTIFF (Name of Plaintiff) V. CAUSE NO. ______,______ __________________________________________ DEFENDANT (Name of Defendant) Complaint for Deficiency Judgment COMES NOW ________________________________ (Name of Plaintiff) , Plaintiff in the above-styled and numbered cause, by and through its attorney, and files this its Complaint against Defendant, _______________________________ (Name of Defendant) , and in support thereof would show unto the Court the following matters and facts: 1. Plaintiff is a banking corporation duly organized and existing under the laws of the State of ________________________________ (Name of State) , located in ____________________________________ (Name of County) . 2. Defendant is an adult resident citizen of _________________________________ _______________________________ (city, county, state) , and may be served with process at _______________________________________________________________ ________________________________________________________________________ (street address, city, county, state, zip code) . 3. On _____________________________________ (date of promissory note) , in the City of ______________________________ (name of city) , State of __________________________ (name of state) , Defendant, ______________________ (Name of Defendant) , for valuable consideration, executed and delivered to Plaintiff, _______________________________ (Name of Plaintiff) , a certain promissory note, a copy of which is attached hereto as Exhibit A and made a part hereof by reference. 4. On the same day, ________________________________ (date of deed of trust) , as part of the same transaction, and as security for the payment of the above-described promissory note, according to the terms of the note, Defendant executed a Deed of Trust conveying the real property located at _________________________________________ ________________________________________________________________________ (street address, city, county, state, zip code), in trust for __________________________ (Name of Beneficiary) , as beneficiary. 5. A copy of the above-mentioned Deed of Trust is attached hereto as Exhibit B , and incorporated herein by reference. 6. Said Deed of Trust was duly recorded on ______________________________ (date of recording) in (e.g. Book ___at Page___) _______________________________ ______________________ in the office of _____________________________________ ________________________________________________________________________ (County official’s name and office where Deeds are recorded) located at ____________ _______________________________________________________________ (address) . 7. The terms of the above-described Deed of Trust provide (quote acceleration clause) _________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________. 8. By the terms of said Note, the sum of $ ___________________ (dollar amount of promissory note) became due on the principal on ________________________________ (date) , and the sum of $__________________ (dollar amount of interest) became due as interest on the Note on ___________________________________ (date) . Said principal and interest were not paid, and by reason of that default, Plaintiff, owner and holder of the Promissory Note, has declared the full amount of the indebtedness secured by the above-mentioned Deed of Trust immediately due and payable, pursuant to the provisions of the Deed of Trust. Said indebtedness is $__________________ (dollar amount of indebtedness) . 9. On ________________________________ ( date of filing notice of default) , Plaintiff filed a Notice of Default and Election to Sell, or to cause to be sold, the property described in the Deed of Trust, to satisfy the obligation evidenced by the Promissory Note. Such Notice was filed in the office of ____________________________________ ________________________________________________________________________ (County official’s name and office where Deeds are recorded) located at ____________ _______________________________________________________________ (address) and was recorded in (e.g. Book ___at Page___) _________________________________ of said Officials office. A copy of the Notice, marked Exhibit C is attached hereto and incorporated herein by reference. 10. On __________________________________ (date of sale) , after due notice of the time and place of sale, the trustee named is said Deed of Trust sold the property at public auction to the highest bidder, in the manner provided by (cite state statute) ______________________________________ and by the provisions of the Deed of Trust for $_______________________ (dollar amount of sale price) . The fees of the trustee and the costs of sale were $_____________________ (dollar amount of trustee's fees and costs of sale) , which sum was deducted by the trustee from the amount received for sale. The remainder of the sale price, amounting to $__________________ (dollar amount) was credited as payment on the Promissory Note. 11. The security given to secure the payment of the Promissory Note has been exhausted. 12. Prior to the filing of this action, Plaintiff demanded payment of said Promissory Note from the Defendant, but the Defendant has refused, failed, and neglected, and has continued to refuse, fail, and neglect to pay all or any part of the obligation represented by the Promissory Note. 13. Plaintiff is the sole owner of said Promissory Note. No part of the principal of the Promissory Note has been paid other than as credited from the sale described above. Except for the sum credited from the sale described above , no part of the interest of said Promissory Note has been paid. There is now due and owing to the Plaintiff from the Defendant on the Promissory Note the sum of $__________________ (dollar amount) , principal, together with interest at the rate of _________ (percentage) from ___________ __________________ (date of accrual of interest) , to the date of judgment, and no part of that amount has been paid. 14. The entire amount of the indebtedness which was secured by the Deed of Trust at the time of sale was $_________________ (dollar amount of debt) , and the fair market value of the real property at the date of sale was $_________________ (dollar amount) . WHEREFORE, Plaintiff requests judgment against Defendant for the sum of $_____________________ (dollar amount) , costs of suit, and for such other relief as the Court may deem just and proper. Respectfully submitted, _____________________________________ (Name of Plaintiff) By: ____________________________________ _______________________________________ (Name & Signature of Plaintiff’s Attorney) State Bar No. ___________________ Plaintiff’s Attorney