Petition for Declaratory Relief

Petition (or Complaint) to Enjoin Nonjudicial Foreclosure Sale

IN THE COURT OF
(County), (State)

PLAINTIFF

V. CAUSE NO.

DEFENDANT

COMES NOW (Name of Plaintiff), Plaintiff (or Petitioner) in the above-styled and numbered cause, by and through her attorney, and files this her Complaint against Defendant (or Respondent), (Name of Defendant), 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 is a corporation duly organized and existing under the laws of the State of (Name of State), located in (Name of County), and may be served with process by serving (Name of Corporate Official and Office) at (street address, city, county, state, zip code).

3. On (date), Plaintiff executed and delivered to Defendant a promissory Note payable to Defendant in the amount of $ , with interest at the annual rate of %, payable as follows:

[e.g., consecutive monthly installments of Dollars with the first of said installments to be due and payable on the first day of (date), and each subsequent monthly installment to be due and payable on the first day of each succeeding month thereafter until the entire indebtedness evidenced by said Note is fully paid, except any remaining indebtedness, if not sooner paid, shall be due and payable on (maturity date)].

This Promissory Note is referred to in this Petition as the Note and a copy of the Note is attached, marked Exhibit A, and incorporated by reference.

4. On (date), as security to Defendant for payment of the Note, Plaintiff executed a deed of trust conveying to as Trustee for Defendant, that real property located at (street address, city, county, state, zip code) which is more specifically described as (legal description of property) . The Deed of Trust was recorded as document number in the official records of (County official’s name and office where Deeds are recorded) at (street address, city, county, state, zip code). This Deed of Trust is hereafter referred to as the Deed of Trust and the real property described therein is referred to as the Property. A copy of the Deed of Trust is attached, marked Exhibit B, and incorporated by reference.

5. On (date), Defendant gave Plaintiff notice that an alleged breach of the obligation secured by the Deed of Trust had occurred, in that (specify nature of alleged default) , and that Defendant had elected to sell the Property to satisfy that obligation.

6.

7. Defendant intends to sell the Property, having given notice that sale of the Property will take place on (date), at (time of sale), at (street address, city, county, state, zip code). Unless restrained, Defendant will thus sell the Property or cause the Property to be sold. Such a sale would be to Plaintiff's great and irreparable injury, for which pecuniary compensation would not afford adequate relief, in that Plaintiff, having no right to redeem the Property from the sale, will forfeit the Property if the sale takes place as scheduled.

8. An actual controversy has arisen and now exists between Plaintiff and Defendant regarding their respective rights and duties. Defendant contends that . Plaintiff contends that . A judicial declaration is necessary and appropriate at this time under all the circumstances so that Plaintiff may determine (his/her) rights and duties under the Note and Deed of Trust.

WHEREFORE, Plaintiff requests judgment as follows:

1. A temporary restraining order, a preliminary injunction, and a permanent injunction, all enjoining Defendant , and its agents, attorneys, and representatives, and all persons acting in concert or participating with them, from selling, attempting to sell, or causing to be sold the Property, either under the power of sale in the Deed of Trust or by judicial foreclosure action;

2. A declaration by the court that sale of the property to enforce the Deed of Trust is improper, in that (specify reasons why enforcement of sale is improper) ,

3. Costs of suit; and

4. Such other and further relief as the court may deem just and equitable.

Respectfully submitted,

State Bar No. Plaintiff’s Attorney (or Pro Se)

OF COUNSEL:

Post Office Box

Telephone: