Chapter 8 - EXHIBIT 8B • COMPLAINT FOR FORECLOSURE PURSUANT TO RULE 105

• Jurisdiction: Colorado

EXHIBIT 8B • COMPLAINT FOR FORECLOSURE PURSUANT TO RULE 105

DISTRICT COURT, [county] COUNTY, STATE OF COLORADO [court's address]	▲ COURT USE ONLY ▲
Plaintiff: [plaintiff's name] v. Defendants: [defendants' names]; and all unknown persons who claim any interest in the subject matter of this action
Attorney: [attorney's name and registration number] [firm's name] [address] Phone Number: Fax Number: Email:	Case No.: [case number] Division: [division] Courtroom: [courtroom]
COMPLAINT FOR FORECLOSURE PURSUANT TO C.R.C.P. 105

Plaintiff, by its attorneys, [name of law firm representing plaintiff], for its Complaint against Defendants, states as follows:

PARTIES

1. Plaintiff is a [type of business entity], with its principal place of business in [city], Colorado.

2. Defendant [name of defendant] is a [type of business entity], doing business in [city], Colorado.

3. [List additional parties whose names appear of record subsequent to the lien being foreclosed.]

JURISDICTION AND VENUE

4. This Court has jurisdiction pursuant to C.R.S. § 13-1-124(1)(a) and (c).

5. This is an action, in part, to foreclose on real property located in [county] County. Therefore, venue is proper pursuant to C.R.C.P. 98(a).

FIRST CLAIM FOR RELIEF Judgment on the Promissory Note

6. All allegations of this Complaint are incorporated by this reference.

7. Defendant [name of defendant] executed and delivered to Plaintiff a promissory note dated [date] in the original principal sum of $__________, a copy of which is attached as Exhibit A ("Note").

8. Defendant has failed to make the payments required by the Note; therefore, the Note is in default.

9. Because of Defendant's default on the Note, Plaintiff has elected to declare the entire unpaid principal balance of the Note due and payable, together with default interest.

10. The outstanding principal and interest accrued through today's date totals $___. Interest continues to accrue at a rate of ___% per year.

SECOND CLAIM FOR RELIEF Foreclosure of Deed of Trust

11. All allegations of this Complaint are incorporated by this reference.

12. The Note is secured by a Deed of Trust from Defendant [name of defendant] to the Public Trustee of [county] County, for the benefit of [name of original beneficiary], dated [date], recorded on [date], in Book [book number] at Page [page number], Reception No. [reception number] of the real estate records in the office of the Clerk and Recorder of [county] County, Colorado, a copy of...