Sample Motion to Dismiss

Click This Link for Document Version SAMPLE MOTION TO DISMISS

 

STATE OF (Your State Name) DISTRICT COURT

COUNTY OF (Your County Name) (Your District Name) JUDICIAL DISTRICT

CASE TYPE 14: OTHER CIVIL

MORTGAGE FORECLOSURE

(Name of Plaintiff, usually bank/lender),

Plaintiff,

vs. MOTION TO DISMISS

(Name of Defendant, usually homeowner),

Defendant,

 

 

Now Comes Defendant, (Your Name), pro se, pursuant to Rule 12.02(e) (OR YOUR CIVIL RULE) and moves this Court to dismiss Plaintiff’s complaint with Prejudice and as grounds therefore states:

 

  1. Plaintiff has filed a lawsuit seeking foreclosure of a home at (Your address including Lot and Block description, County and State).
  2. Plaintiff’s complaint should be dismissed due to Res Judicata. Pursuant to section 8.03 of Civil Procedure. The facts of Plaintiff’s complaints have already been tried and denied twice in (Name of County and prior Court file numbers). Plaintiff did not appeal its final judgment and the appeal deadline has passed. Use this if bank/lender has voluntary dismissed twice before.
  3. Plaintiff’s complaint should be dismissed for failure to comply with mandatory conditions of the note that there must be a default in order to foreclose. Use this if there is no default or loan is current.
  4. Plaintiff’s complaint should further be dismissed for inaccurate accounting procedures. The amount alleged to be owed is incorrect. Defendant does not owe as much as Plaintiff is claiming to be owed. Plaintiff has not provided any accounting ledgers, documents or ledgers. Use this if the balance is overstated.
  5. As a result of these deficiencies, Plaintiff’s have failed to state a cause of action and the complaint should be dismissed with prejudice.

 

WHEREFORE, Defendant (Your Name), respectfully request the Court grant the Motion to Dismiss with prejudice and fore such other and further relief as this Court deems just and proper.

 

Dated: ____________________ ___________________________________

Signature of Defendant

___________________________________

Print Name

___________________________________

Street Address

_____________________ ____________

City State Zip Code

___________________________________

Telephone

 

___________________________________

E-mail Address

 

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