Foreclosure Or Sale Legal Draft Template
| Category | Agreements Civil Procedure Code |
| Format | |
| File name | Foreclosure or Sale |
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(
Title)A.B.,
the above-named plaintiff, states as follows:-1. The plaintiff is
mortgagee of lands belonging to the defendant.2. The following are the
particulars of the mortgage:-a. (date);b. ( names of mortgagor
and mortgagee);c. ( sum secured)d. ( rate of interest)e. ( property subject to
mortgage);f. ( amount now due);g. ( if the plaintiff's
title is derivative, state shortly the transfers or devolution under which he
claims).(
If the plaintiff is mortgage in possession, add)1.2.3. The plaintiff took
possession of the mortgage property on the....... day of ...............and is
ready to account as mortgagee in possession from that time.[
As in paras.4 and 5 of Form No.1.]4.5.6. The plaintiff claims-1. payment, or in
default ( sale or ) foreclosure ( and possession);[
Where Order 34, rule 5, applies.]2.
in
case the proceeds of the sale are found to be insufficient to pay the amount
due to the plaintiff, then that liberty to reserved to the plaintiff to apply
for a decree for the balance.