4.09.050 Foreclosure Complaint and Summons

(a) The verified complaint in a mortgage foreclosure proceeding shall contain the following:

(1) The name of the Borrower/Mortgagor and each person or entity claiming through the Borrower/Mortgagor subsequent to the recording of the mortgage loan, including each Subordinate Lienholder (except the Tribe with respect to a claim for a tribal leasehold), as a defendant;

(2) A description of the property subject to the mortgage loan;

(3) A concise statement of the facts concerning the execution of the mortgage loan and in the case of Leasehold Mortgage the lease; the facts concerning the recording of the mortgage loan or the Leasehold Mortgage; the facts concerning the alleged default(s) of the

Borrower/Mortgagor; and such other facts as may be necessary to constitute a cause of action;

(b) True and correct copies of each promissory note, mortgage, deed of trust or other recorded real property security interest (each a "security instrument") and any other documents relating to the property and if a Leasehold Mortgage, a copy of the lease and any assignment of any of these documents; and

(c) Any applicable allegations concerning relevant requirements and conditions prescribed in: (i) federal statutes and regulations; (ii) tribal codes, ordinances and regulations; and/or (iii) provisions of the promissory note, security instrument and if a Leasehold Mortgage, the lease.

(d) The complaint shall be verified by the Tribal Court Clerk along with a

Summons specifying a date and time for appearance for the Defendant(s).