§ Form 1.944 Mortgage Foreclosure

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Form 1.944. Mortgage Foreclosure

COMPLAINT

    Plaintiff, A. B., sues defendant, C. D., and alleges:

    1. This is an action to foreclose a mortgage on real property in .................. County, Florida.

    2. On ..... (date) ....., defendant executed and delivered a promissory note and a mortgage securing payment of the note to plaintiff. The mortgage was recorded on ..... (date) ....., in Official Records Book .......... at page .......... of the public records of .................... County, Florida, and mortgaged the property described in the mortgage then owned by and in possession of the mortgagor, a copy of the mortgage containing a copy of the note being attached.

    3. Plaintiff owns and holds the note and mortgage.

    4. The property is now owned by defendant who holds possession.

    5. Defendant has defaulted under the note and mortgage by failing to pay the payment due ..... (date) ....., and all subsequent payments.

    6. Plaintiff declares the full amount payable under the note and mortgage to be due.

    7. Defendant owes plaintiff $.......... that is due on principal on the note and mortgage, interest from ..... (date) ....., and title search expense for ascertaining necessary parties to this action.

    8. Plaintiff is obligated to pay plaintiff's attorneys a reasonable fee for their services.

    WHEREFORE plaintiff demands judgment foreclosing the mortgage and, if the proceeds of the sale are insufficient to pay plaintiff's claim, a deficiency judgment.

    NOTE: This form is for installment payments with acceleration. It omits allegations about junior encumbrances, unpaid taxes, and unpaid insurance premiums, and for a receiver. They must be added when proper. Copies of the note and mortgage must be attached.