Foreclosure Or Sale Legal Draft Template

(

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.