Sample Legal Documents

Foreclosure Filing Schedule:

 
You receive a Summons and Complaint... (The plaintiff--bank, lender or other creditor--starts the foreclosure by having a marshal serve the defendant--owner or borrower--with a Summons and Complaint.)
Within 2 days of the Return Date on the Summons... File an Appearance
Within 15 days of the Return Date on the Summons... File and send an Answer.  Be sure to put a certification of service at the end of your answer, and that you have sent your Answer to everyone who has Appeared in the case.  You will need to sign the certification separately from your signature on the Answer.

If you choose foreclosure by sale, file a Motion for Foreclosure by Sale  

OR
 

Within 25 days of the Return Date on the Summons... Apply to the court if you think you are eligible for protection based on temporary unemployment or underemployment

 

 

SAMPLE COMPLAINT

 

 

ABC MORTGAGE CORP                   : SUPERIOR COURT


VS.                                                       : JUDICIAL DISTRICT OF (YOUR CITY)
 

TERRY HOMEOWNER                                                   : February 23, 2003

 

COMPLAINT

    1. On August 11, 2000, the defendant, Terry Homeowner, owed the Plaintiff fifty thousand ($50,000) dollars as evidenced by his note dated on said date and payable to the order of the Plaintiff, together with interest at the rate of ten (10%) percent per annum and together with all costs of collection, including reasonable attorney's fees, in the event of foreclosure of the mortgage securing the note.

    2. On said date, by deed of that date, the defendant, Terry Homeowner, to secure said note, mortgages to the plaintiff the real estate described in Exhibit "A" attached hereto and made a part hereof. Said deed is conditioned upon the payment of said note according to its tenor and was recorded on August 11, 2003 in Volume 12, Page 134 of the Smallcity Land Records.

    3. Said note and mortgage are still owned by the plaintiff and the debt is due and wholly unpaid.

    4. The defendant, Terry Homeowner, has defaulted under the terms of the mortgage note and deed.

    5. Although the note is in default and demand was made upon the defendant, said defendant has neglected and refused to make payment.

--------------------------------------------------------------------------------------------------------

WHEREFORE, THE PLAINTIFF CLAIMS:

    1. Monetary damages and that the amount, legal interest or property in demand is greater than     $15,000.00 exclusive of interest and costs.

    2. Strict foreclosure of said mortgage, but in the event that the United States of America is a part defendant at the time of judgment, then a foreclosure by sale.

    3. Possession of mortgaged premises.

    4. A deficiency judgment.

    5. Such other equitable relief as the Court may deem necessary.

    6. Reasonable attorneys' fees as called for in the note.

    Dated at Small City, Connecticut, this 23rd of February, 2003

NOTICE

NOTICE: A person who is unemployed or underemployed and who (for a continuous period of at least two years to the commencement of this foreclosure action) owned and occupied the property being foreclosed as such person's principal residence, may be entitled to contain relief provisions under Connecticut General Statute 49-31W, as amended. You should consult an attorney to determine your rights under this law.

 

                                                                                    THE PLAINTIFF

                                                                                     BY: __________________________
                                                                                                    Jane Doe for
                                                                                                    SMITH & SMITH PC

 

SAMPLE MOTION FOR FORECLOSURE BY SALE

 

Docket No.

 

ABC MORTGAGE CORP.                      : SUPERIOR COURT

 

vs.                                                            : JUDICIAL DISTRICT OF (YOUR CITY)

 

TERRY HOMEOWNER                          : MARCH 10, 2003

 

MOTION FOR FORECLOSURE BY SALE

    To all counsel and pro se parties of record:

    The defendant Terry Homeowner moves that, if a judgment of foreclosure is rendered in the above entitled action, it be for a foreclosure by sale.

 

                 

                                                                                                                            THE DEFENDANT,

                                                                                                                            BY:________________________(Signature)                                                             

                                                                                             PRO SE
                                                                                            (Only if you are filing without an attorney)

                                                                                            NAME ________________________

                                                                                            ADDRESS _____________________

 

 ORDER

    The foregoing motion having been heard, it is hereby ordered GRANTED/DENIED

 

                                                                                                                   BY THE COURT,

 

                                                                                                                  Judge of the Superior Court  Clerk

CERTIFICATION

This is to certify that a copy of the foregoing motion has been sent to:

 by first class mail, postage pre-paid on this 10 of March, 2003.

                                                                                                                                                        __________________________          

(Signature)                                         

      

SAMPLE MOTION TO REOPEN

Docket No. (Copy from judgment)

 

ABC MORTGAGE CORP.                                          : SUPERIOR COURT

 

vs.

                                                                       : JUDICIAL DISTRICT OF (YOUR CITY)

TERRY HOMEOWNER                                              : APRIL 20, 2003

MOTION TO REOPEN

            To all counsel and pro se parties of record:

            The defendant in the above entitled matter respectively represents:

            1. On March 15, 2003, the Court entered a judgment of strict foreclosure against me.

            2. My law day is set for May 5, 2003.

            3. Someone has submitted a contract to purchase the property for more than the full amount I owe, including all court costs and fees. They will need at least 60 days to close on the property. A copy of the contract is attached as Exhibit A.

            4. I feel that I need an additional 90 days to sell the property and redeem the mortgage.

                                                                                      THE DEFENDANT,
                                                                                       BY: ___________________ (Signature)                                                                                        PRO SE (Only if you file without an attorney)

                                                                                       NAME ___________________________

                                                                                       ADDRESS________________________

ORDER

    The foregoing motion having been heard, it is hereby ordered GRANTED/DENIED

                                                                                                                         BY THE COURT,



                                                                                                                         Judge of the Superior Court
                                                                                                                         Clerk

CERTIFICATION

This is to certify that a copy of the foregoing motion has been sent to:___________________________
by first class mail, postage pre-paid on this 20 of April, 2003.

     
                                                                                _____________________________________

                                                                                        (Signature)

 

For Debt Collection Letters See:  http://repairyourcreditrating.net/debt-collection-letters.htm

 

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