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 plaintiffs title is derivative, state shortly the transfers or devolution under which he claims.--
(If the plaintiff is mortgagee in possession, add).
3. The plaintiff took possession of the mortgaged property on the ............. day of ............... and is ready to account as mortgagee in possession from the time. 6. The plaintiff claims--
(1) payment, or in default foreclosure ; (2) in case the proceeds of the sale are found to be insufficient to pay the amount due to
the plaintiff, then that liberty be reserved to the plaintiff to apply for an order for the balance.

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Property & Registration team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. We draft, stamp and register property documents in Kolkata.

Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

Foreclosure or Sale: Format

Using this format

Related