Lien Foreclosure Complaint Form

LIEN FORECLOSURE COMPLAINT FORM

Plaintiff: ("Plaintiff") brings this Lien Foreclosure Complaint against Defendant: ("Defendant") and alleges as follows.

RECITALS

WHEREAS, Plaintiff is a creditor claiming a lien against the real property described below arising from the instrument recorded on / / in the Office of the Recorder for , bearing Instrument/Book/Page/Doc No. .

WHEREAS, the lien secures unpaid indebtedness in the original principal amount of $ , together with accrued interest, costs, and attorneys' fees; and

WHEREAS, the subject real property is located at and is legally described as set forth below.

NOW, THEREFORE

Plaintiff alleges the following causes of action and prays for relief as set forth herein.

1. PARTIES AND CAPACITY

1.1 Plaintiff is a creditor and the holder of the lien instrument described above. Plaintiff's mailing address for purposes of this Complaint is:

1.2 Defendant is the record owner, debtor, or other party against whom foreclosure of the lien is sought, with last known address:

2. JURISDICTION AND VENUE

2.1 This Court has subject matter jurisdiction over this action pursuant to laws authorizing foreclosure of liens encumbering real property within the county where the property is located. Venue is proper in this county because the subject property is situated within this county and the lien was recorded in the county recorder's office.

3. FACTUAL ALLEGATIONS

3.1 On the recorded date set forth above, Plaintiff recorded a lien instrument described as: .

3.2 The lien encumbers the property commonly known as .

3.3 The amount currently due and owing under the lien, including principal, accrued interest, costs, and attorneys' fees, is $ as of / / .

3.4 Plaintiff has performed all conditions precedent required to be performed prior to commencement of this action, or such conditions have been waived or are excused, including but not limited to notice and opportunity to cure as required by applicable statute or contract.

4. DESCRIPTION OF LIEN

4.1 The lien was recorded in the official records as follows: Recorder's Office: ; Instrument No.: ; Recorded on: / / .

4.2 Type of lien (check applicable): Mortgage Mechanic's Lien Judgment Tax Lien Other

5. CLAIM FOR RELIEF — FORECLOSURE OF LIEN

5.1 Plaintiff seeks a decree foreclosing the lien described above against the subject property and ordering the sale of that property to satisfy the indebtedness secured by the lien. Plaintiff requests that the Court enter judgment for the amount due plus interest, costs, and attorneys' fees as allowed by law and the lien instrument.

5.2 Plaintiff further requests that the Court order distribution of sale proceeds in the following order: (a) costs of sale and foreclosure; (b) amounts due to senior lienholders of record; (c) amount owing to Plaintiff under the lien; and (d) any surplus to be distributed according to law.

6. AMOUNT, INTEREST, AND FEES

6.1 Interest accrues at the rate of from / / until paid, together with reasonable attorneys' fees and costs incurred in enforcing the lien.

7. NOTICE AND OPPORTUNITY TO CURE

7.1 Plaintiff provided notice to Defendant of the claim and an opportunity to cure in accordance with applicable statutes and the lien instrument. Notice was sent on / / by the following method(s):

First-class mail Personal delivery Email Publication

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment as follows:

A. That the lien described herein be declared a valid lien against the subject property and be foreclosed;
B. That the Court order the sale of the property and apply sale proceeds to satisfy Plaintiff's claim, including principal, accrued interest, costs, and attorneys' fees;
C. That Plaintiff be awarded prejudgment and postjudgment interest as permitted by law;
D. That Plaintiff be awarded costs of suit and reasonable attorneys' fees; and
E. For such further relief as the Court deems just and proper.

9. MISCELLANEOUS PROVISIONS

Governing Law: This Complaint, the lien instrument, and any dispute arising under or related to this action shall be governed by the laws of the state in which the subject property is located.

Entire Agreement: The lien instrument and related documentation constitute the entire agreement between the parties with respect to the lien and supersede all prior agreements, representations, and negotiations, whether written or oral.

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

Amendments; Waiver; Counterparts: This Complaint may be amended by written instrument. Failure to enforce any provision shall not constitute a waiver. This Complaint may be executed in counterparts, each of which shall constitute an original.

10. ATTORNEY INFORMATION (IF APPLICABLE)

CERTIFICATION

Under penalty of perjury, Plaintiff certifies that the information contained in this Complaint is true and correct to the best of Plaintiff's knowledge, information and belief, and that Plaintiff is entitled to foreclose the lien described herein.

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