Foreclosure Complaint Form

FORECLOSURE COMPLAINT

Court:   County:   State:

Case No.:   Division:

Plaintiff Name:   Plaintiff Address:

Defendant Name:   Defendant Address:

RECITALS

WHEREAS, on or about , Defendant executed and delivered to Plaintiff a promissory note evidenced by a written instrument obligating Defendant to repay a loan in the principal amount of ; and

WHEREAS, to secure repayment of the promissory note described above, Defendant granted a mortgage or deed of trust encumbering the real property commonly known as (the "Property"), which instrument was recorded on in Book , Page in the official records of the County of .

WHEREAS, Defendant is in default for failure to make payments when due under the terms of the promissory note and mortgage and Plaintiff has elected to accelerate the indebtedness and pursue foreclosure remedies.

NOW THEREFORE, Plaintiff alleges as follows:

1. PARTIES AND CAPACITY

1.1 Plaintiff is a person or entity with authority to enforce the promissory note and mortgage described herein and maintains its principal place of business or mailing address at:

1.2 Defendant is an individual or entity believed to reside at or have its principal place of business at the address set forth above and is the obligor on the promissory note and grantor under the mortgage.

2. JURISDICTION AND VENUE

2.1 This Court has subject matter jurisdiction over this action pursuant to applicable state statutes governing foreclosure and mortgage enforcement because the relief sought is equitable in nature and arises from a mortgage on real property located within this County.

2.2 Venue is proper in this County because the Property is situated within this County and the recorded mortgage is part of the official records of this County.

3. STATEMENT OF FACTS

3.1 On or about the date set forth above, Defendant executed the promissory note and mortgage described in the Recitals. The current principal balance due on the note is plus accruing interest, late charges, escrow advances, costs, and fees.

3.2 Defendant defaulted under the terms of the note and mortgage by failing to make the required payment(s) due on or after . Plaintiff provided or is entitled to provide any notices required by the mortgage and applicable law and has elected to declare the entire indebtedness due and payable.

3.3 A written demand for payment was made on and the indebtedness was accelerated on , after which Defendant failed to cure the default.

4. CAUSE OF ACTION — FORECLOSURE

4.1 Plaintiff realleges and incorporates by reference the allegations contained in Sections 1 through 3 above as if fully set forth herein.

4.2 By virtue of the mortgage recorded against the Property and the Defendant's default, Plaintiff holds a first (or stated priority) lien on the Property and is entitled to enforce the lien by judicial foreclosure, sale of the Property under the direction of this Court, and application of the proceeds to the indebtedness secured thereby.

4.3 Plaintiff requests that the Court adjudicate the validity and priority of the lien, determine all amounts due and owing through the date of judgment, and enter an order decreeing foreclosure of the mortgage and directing the sale of the Property in accordance with law.

4.4 Plaintiff further requests that the Court award any allowable deficiency judgment against Defendant should the proceeds of any sale be insufficient to satisfy the indebtedness after application of costs and statutory credits, subject to applicable statutes and limitations governing deficiency judgments.

5. DAMAGES, COSTS, AND ATTORNEYS' FEES

5.1 The sums due and owing as of are: principal ; accrued interest ; late charges and fees ; escrow advances ; costs and attorneys' fees to be determined by the Court.

5.2 Plaintiff seeks recovery of costs of suit, reasonable attorneys' fees as provided by the note, mortgage, or statute, and such other relief as the Court deems just and proper.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests that the Court grant the following relief:

1. That the Court determine the parties' respective interests in the Property and adjudicate the lien described herein;
2. That the mortgage against the Property be foreclosed and the Property sold in a commercially reasonable manner under the Court's direction;
3. That the proceeds of sale be applied to the indebtedness, costs of sale, court costs, and attorneys' fees;
4. That, if permitted by law, Plaintiff be awarded a deficiency judgment against Defendant in an amount determined by the Court after application of sale proceeds;
5. That the Court award Plaintiff its costs of suit and reasonable attorneys' fees; and
6. Such other and further relief as the Court deems just and equitable.

7. NOTICES

7.1 All notices required or permitted under the mortgage and by law shall be given to the parties at the addresses set forth in this Complaint or to such other address as a party may designate by written notice in accordance with applicable law.

8. MISCELLANEOUS PROVISIONS

Governing Law: This Complaint and the underlying obligations shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles.

Entire Agreement: The note, mortgage, assignments, and any recorded documents evidencing the loan constitute the entire agreement between the parties with respect to the indebtedness and security interests described herein.

Severability: If any provision of this Complaint is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments and Waiver: No waiver of any breach or provision of this Complaint shall be effective unless in writing and signed by the waiving party. Plaintiff expressly reserves the right to amend this Complaint to allege additional claims or parties as discovery may reveal.

VERIFICATION

I declare under penalty of perjury under the laws of the State of that the foregoing is true and correct to the best of my knowledge.

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