COMPLAINT FOR FORECLOSURE OF REAL ESTATE MORTGAGE

(Caption and Title)

COMPLAINT

COMES NOW, the plaintiff by the undersigned attorney, and unto this Honorable Court, respectfully states:

1. That both the plaintiff and the defendant are of age, and residents of _________________________________________ ________________________________________;

2. That on _____________, the defendant, in order to secure the payment of the sum of ______________, acknowledged to have been received by him on said date, executed in favor of the plaintiff a first mortgage on certain real property located in ________________________, a true copy of said mortgage contract is hereto attached as Exhibit “A”, and made an integral part of this complaint.

3. That the condition of said mortgage, as stated therein, is such, that if within the period of _______________ from and after the execution of same, the defendant shall pay or cause to be paid to the plaintiff, his heirs or assigns, the said sum of ________________ together with the stipulated interest of ________% per annum, then the said mortgage shall be discharged; otherwise, it shall remain in full force and effect, to be enforceable in the manner prescribed by law;

4. That the defendant has not paid or caused to be paid the mortgage debt of _________ or any part thereof, in spite of the lapse of the stipulated period;

5. That the plaintiff has demanded of the defendant to pay the above sum of _____________, plus the stipulated interest, but said defendant has failed to pay the same;

6. That the defendant has also agreed in the mortgage contract that should the plaintiff foreclose the mortgage, the latter is entitled to receive the further sum of __________% of the total amount due as attorney’s fees, expenses and costs.

7. That there are no other persons having or claiming an interest in the mortgaged property.

WHEREFORE, it is respectfully prayed:

1. That, upon due hearing, judgment be rendered: (1) ordering the defendant to pay unto the court within the reglementary period of ninety days the sum of _____________ together with the stipulated interest at _______% per annum from and after _______________, plus the additional sum of ______% of the total amount due as attorney’s fees, expenses and costs; (2) and that in default of such payment, the above-mentioned property be ordered sold to pay off the mortgage debt and its accumulated interest, plus _____% of the total amount due as attorney’s fees, expenses and costs,

2. That plaintiff be granted such other relief in law and equity.

_______, _______________, 20 _____.

____________________________

(Attorney for the Plaintiff)

____________________________

(Address)