Short answer. The complaint must set forth the mortgage's date and due execution, any assignments, the mortgagor's and mortgagee's names and residences, a property description, the date and amount of the unpaid secured obligation, and the names and residences of everyone with a subordinate interest, all of whom must be joined as defendants.

What the law says

In an action for the foreclosure of a mortgage or other encumbrance upon real estate, the complaint shall set forth the date and due execution of the mortgage; its assignments, if any; the names and residences of the mortgagor and the mortgagee; a description of the mortgaged property; a statement of the date of the note or other documentary evidence of the obligation secured by the mortgage, the amount claimed to be unpaid thereon; and the names and residences of all persons having or claiming an interest in the property subordinate in right to that of the holder of the mortgage, all of whom shall be made defendants in the action.

Rule 68, Section 1 — Complaint in action for foreclosure. Read the full provision →

The core facts about the mortgage

A judicial foreclosure complaint must set forth the date and due execution of the mortgage itself, along with any assignments of it, so the court can verify the mortgage exists, was properly executed, and trace who currently holds the rights under it if it changed hands. These allegations establish, at the threshold, that there is a valid mortgage to foreclose in the first place.

Identifying the parties and the debt

The complaint must also give the names and residences of both the mortgagor and mortgagee, a description of the mortgaged property, and a statement of the date of the note or other documentary evidence of the secured obligation, together with the amount claimed to be unpaid on it. Together these allegations pin down who owes what, on which property, and how much remains outstanding.

Bringing in everyone with a subordinate interest

Finally, the complaint must name and give the residences of all persons having or claiming any interest in the property that is subordinate to the mortgage holder's right — for example, a junior lienholder — and every one of them must be made a defendant in the action, so the foreclosure judgment can bind all interested parties. Leaving any of them out risks a foreclosure judgment that cannot be enforced against their interest, since a person not joined as a defendant is not bound by the outcome of the case.

What kind of action this applies to

Section 1 by its own terms is limited to an action for the foreclosure of a mortgage or other encumbrance upon real estate — real property, not personal property or other kinds of security interests. Within that scope, the listed items are not merely suggested content but what the complaint 'shall set forth,' making them mandatory allegations rather than optional detail a plaintiff might choose to include or omit at their own discretion.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.