casemark/foreclosure-complaint

Foreclosure Complaint

Draft a court-ready judicial foreclosure complaint with verified standing, default allegations, and itemized relief.

Prerequisites

Collect before drafting:

1. Loan documents — note, mortgage/deed of trust, riders, endorsements/allonges
2. Assignment chain — each note/mortgage transfer with dates and recording data
3. Payment history — last paid installment, default date, arrearage breakdown
4. Pre-suit notices — breach/acceleration/right-to-cure letters with proof of service
5. Property data — legal description, parcel ID, address, recording info
6. Jurisdiction rules — venue statute, foreclosure statute, verification/affidavit requirements
7. Interested parties — borrower(s), guarantors, junior lienholders, HOA/condo, tenants

Inputs

| Field | Required | Notes | |---|---|---| | Court/County | Yes | Must match property location and venue statute | | Plaintiff identity | Yes | Entity type, state of formation, capacity (holder/servicer) | | Defendant list | Yes | All parties with record or claimed interests | | Note terms | Yes | Date, principal, rate, payment schedule, maturity | | Mortgage terms | Yes | Date, recording book/page or instrument no. | | Property legal description | Yes | Exact as recorded; include street address | | Default date | Yes | First missed payment date | | Amounts due | Yes | Principal, interest, fees, advances, per diem | | Notices | Yes | Dates, method, content compliance | | Standing facts | Yes | Chain of assignments and note possession | | Modifications | If any | Dates, material terms, recalculated amounts |

Workflow

1. Build Pleading Structure

Follow this section order:

• [ ] Caption — court, parties, case type, case no. placeholder
• [ ] Jurisdiction and venue
• [ ] Parties and interest allegations
• [ ] Loan transaction (note + mortgage)
• [ ] Recording and lien priority
• [ ] Standing and chain of title
• [ ] Conditions precedent and notice compliance
• [ ] Default and acceleration
• [ ] Amounts due with per diem interest
• [ ] Causes of action
• [ ] Prayer for relief
• [ ] Verification/affidavit (if jurisdiction requires)
• [ ] Signature block and certificates
• [ ] Exhibits list

2. Plead Required Allegations

| Topic | Must Allege | Notes | |---|---|---| | Standing | Holder or authorized agent; note possession; assignments | Address lost note if applicable | | Mortgage validity | Execution, consideration, recording | Provide recording data | | Default | Date and nature of breach | Include last payment date | | Notice compliance | Statutory and contractual notices | Include dates/methods | | Acceleration | Date and method | Cite clause if needed | | Amount due | Itemized totals | Include per diem rate | | Priority | Lien priority vs. junior interests | Identify subordinate liens | | Venue | Property located in county | Cite venue statute | | Conditions precedent | Compliance pleaded with specificity | Attach notices as exhibits |

3. Itemize Amounts Due

Use this format:

Unpaid principal balance (as of [DATE]): $[AMOUNT]
Accrued interest through [DATE] at [RATE]%: $[AMOUNT]
Late charges / default interest: $[AMOUNT]
Advances (taxes/insurance/preservation): $[AMOUNT]
Other fees/costs authorized by loan docs: $[AMOUNT]
Total due as of [DATE]: $[AMOUNT]
Per diem interest: $[AMOUNT]/day

4. Draft Causes of Action

Include as applicable:

1. Foreclosure of mortgage/deed of trust
2. Breach of promissory note
3. Deficiency judgment (if permitted by state law)
4. Possession/writ of assistance (if needed)
5. Priority and extinguishment of junior interests

5. Draft Prayer for Relief

• [ ] Money judgment for total indebtedness with per diem interest
• [ ] Foreclosure judgment and order of sale
• [ ] Application of sale proceeds per statute
• [ ] Deficiency judgment (if allowed)
• [ ] Extinguishment of junior interests, subject to redemption rights
• [ ] Attorneys' fees and costs (if authorized)
• [ ] Other relief deemed just and proper

6. Compile Exhibits

• [ ] Note (with endorsements/allonges)
• [ ] Mortgage/deed of trust
• [ ] Assignments (each link in chain)
• [ ] Payment history/accounting
• [ ] Default/breach and acceleration notices with proof of service
• [ ] Loan modification/forbearance agreements (if any)
• [ ] Affidavit of amounts due (if required)
• [ ] Lost note affidavit (if applicable)

Pitfalls and Checks

• Party names: Use exact names from loan docs and land records; keep consistent throughout.
• Standing: Plead note possession plus assignment chain. If note is lost, attach lost-note affidavit.
• Notice compliance: Include dates and service methods for every required notice and condition precedent.
• Deficiency: Do not request if barred or limited by state law.
• Jurisdiction specifics: Confirm verification, mediation, and pre-suit certification requirements.
• Unverified citations: Flag state-specific statutory citations you cannot confirm with [VERIFY].
• Factual pleading: Avoid conclusory allegations; tie every allegation to an exhibit.
• Interested parties: Name all parties with recorded or claimed interests to clear title post-sale.