Fill and Sign the Foreclosure Sale Form

IN THE ___________________________ COURT OF ___________________________ (County) , ___________________________ (State) ___________________________ (Names of Plaintiff) PLAINTIFF V. CAUSE NO. __________________ ___________________________ (Names of Defendants) DEFENDANTS Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust COMES NOW ___________________________ (Name of Plaintiff) , Plaintiff in the above-styled and numbered cause, by and through his attorney, and files this his Complaint against Defendants, ___________________________ (Names of Defendants) , and in support thereof would show unto the Court the following matters and facts: 1. Plaintiff is an adult resident citizen of ___________________________ (city, county, state) . 2. Defendant ___________________________ (Name of Defendant) , is an adult resident citizen of ___________________________ (city, county, state) . 3. Defendant ___________________________ (Name of Defendant) , is an adult resident citizen of ___________________________ (city, county, state) . 4. On ___________________________ (Date of Purchase) , P laintiff purchased a tract of land from the ___________________________ (Name of Defendant) , purporting to be of the following dimensions and description: (Legal description of tract of land) ___________________________ ___________________________________________________ ______________________________________________________________________________ _____________________________________________________________________________ . 5. The agreed purchase price for the above-described tract of land was $ ___________________________ , and Plaintiff paid all that sum to said Defendant except for $ ___________________________ , for he which executed and delivered a promissory note in the amount of $ ___________________________ to Defendant , secured by a Deed of Trust with power of sale executed and delivered by Plaintiff the same day, which Deed of Trust conveyed the above tract of land to Defendant ___________________________ (Name of Trustee) in trust. 5. On ___________________________ (Date) , Plaintiff learned that Defendant ___________________________ (Name of Defendant) , was not the owner of the above- described tract of land, but owned only that part described as follows: (Legal description of piece of land owned by Defendant) ___________________________ ___________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _ The remainder of the tract purportedly conveyed to Plaintiff is now, and was at the time of the conveyance, owned by ___________________________ (Name of Owner) . 6. On ___________________________ (date of offer) , P laintiff offered to pay said Defendant for Defendant's land such sum as might be just and equitable under the circumstances, but sais D efendant refused to enter into any adjustment of the amount of the purchase price and insisted on full payment by Plaintiff to Defendant of the face value of the note. 7. Plaintiff refused to pay to Defendant the full face value of the Note, and on ___________________________ (date) , pursuant to a power of sale in the above-described Deed of Trust, Defendant ___________________________ (Name of Trustee) published his notice of sale of the above-described premises in ___________________________ (Name of Publication) , such sale to be held on ___________________________ (date of sale) . 8. Plaintiff is now, and has always been, ready, willing, and able to pay Defendant ___________________________ (Name of Defendant) , such an amount for Defendant's land as may be just and equitable. By reason of the above facts, the amount, if any, owing to said Defendant by Plaintiff is unliquidated and uncertain and is capable of ascertainment only by a just and equitable appraisement of the property actually conveyed to Plaintiff by said Defendant . 9. If the sale of the real estate by Defendants under the power of sale in the above Deed of Trust is not restrained, and if the amount due and owing Defendant by Plaintiff, or to Plaintiff by Defendant, is not ascertained, and the Deed of Trust discharged on payment to Defendant by Plaintiff of such amount as may be determined owing, or on finding that there is no sum due, then Plaintiff will sustain irreparable injury, in that he will forever be prevented by Defendant from retaining his interest in the land on just and equitable terms. 10. For the reasons set forth above, Plaintiff has no adequate remedy at law or otherwise. WHEREFORE, Plaintiff requests that: 1. A preliminary injunction issue enjoining Defendants, from proceeding, pursuant to the power of sale contained in the above Deed of Trust, to foreclose and sell the real estate described above during the pendency of this action. 2. On a final hearing, Defendants be permanently enjoined from foreclosing the above- described Deed of Trust and selling the real estate described in it. 3. The Court ascertain the amount, if any, due and owing to Defendant ___________________________ (Name of Defendant) for the sale of as much land as he had title to, as described above. 4. The Court order the Deed of Trust satisfied on payment to Defendant ___________________________ (Name of Defendant) , by Plaintiff , of the amount, if any, the Court determines to be owing. 5. The Plaintiff have such further relief as the Court deems just and proper. Respectfully submitted, _______________________________________ (Name of Plaintiff or Signature if Pro Se) By: ____________________________________ _______________________________________ (Printed Name & Signature of Plaintiff’s Attorney or Pro Se) State Bar No. ___________________________ Plaintiff’s Attorney OF COUNSEL: ___________________________ (Name of Plaintiff’s Attorney) Post Office Box ___________________________ ___________________________ City, State, Zip Code Telephone: ___________________________