§ FORM 6 COMPLAINT-MORTGAGE FORECLOSURE

Codes > Utah Code > Utah Rules > Appendix of > FORM 6

FORM 6. COMPLAINT--MORTGAGE FORECLOSURE

    [Caption and signature block as in Form 1]

    Plaintiff alleges:

    1. On _______, defendant A executed and delivered to plaintiff a promissory note. (see Form 3).

    2. As security for the payment of the note, defendant A executed and delivered to plaintiff a deed of trust covering the following real property (the “Property”): (legal description). A copy of the deed of trust is attached hereto as Exhibit B.

    3. Defendant A is in default under the note and owes plaintiff $_______ in principal, plus interest from _______ until the note is paid.

    4. Plaintiff served defendant A with a notice of default as required by contract, but defendant failed to respond to the notice.

    5. Plaintiff elects to foreclose the deed of trust as a mortgage.

    6. Under the terms of the note and deed of trust, plaintiff is entitled to recover attorneys' fees and other costs of collection.

    7. Defendant B claims an interest in the Property based upon: (describe interest), which interest is inferior in priority to plaintiff's deed of trust.

    Wherefore, plaintiff requests relief as follows:

    a. For judgment foreclosing defendants' interests in the Property;

    b. For an order directing the Property to be sold as provided by law to satisfy the amount owed to plaintiff;

    c. For judgment against defendant A for any deficiency remaining after the sale.