A

ABSOLUTE DEEDS AS MORTGAGES, 2.01

ACCELERATION OF OBLIGATION, 5.01 to5.04. (See DEFAULT AND ACCELERATION OFOBLIGATION)

AFFIDAVITS

Attorneys' fees

Affidavit of independent counsel in support ofaward, Form p. 503

Costs, affidavit as to, Form p. 504

Financial affidavit, Form p. 452

Service of process

Constructive service

Publication, service by

Affidavit demonstrating due diligence,11.08

Default judgment against defendant who hasn'tanswered

Non-military affidavit, 11.10, Form p.466

Summary judgment motion, affidavits supporting,13.03, Form p. 484

AFFIRMATIVE DEFENSES

Avoidances to defenses, 27. (SeeAVOIDANCES)

Defenses generally. (SeeDEFENSES)

Lack of consideration, 21.01

Lender liability

Breach of contract, statute of frauds

Affirmative defenses not precluded, 29.03

Marshalling of assets, 25.01

Unclean hands doctrine, 24.06

Waiver. (See WAIVER)

AGREEMENTS FOR DEED AS MORTGAGE,2.04

Complaint to foreclose, Form p. 459

AMOUNT OF JUDGMENT

Interest, 14.01

Principal, 14.01

Reimbursement for expenses, 14.01

APPEALS

Foreclosure judgment, 18

Interlocutory orders, 18.03

Supersedeas bond, posting, 18.01

Unsuperseded appeal, 18.02

Receivership orders, 12.04

ARMED FORCES

Service of process, failure of defendant toanswer

Non-military affidavit before default judgmentobtained, 11.10, Form p. 466

ASSIGNEES, AVOIDANCES BY, 27.03

ASSIGNMENT OF RENTS, 12.06

ATTACHMENT IN AID OF FORECLOSURE,12.09

ATTORNEYS' FEES

Affidavit of independent counsel in support ofaward, Form p. 503

Consumer collection practices act

Recovery of damages under, 32.04

Failure to pay as basis for default, 5.04

Judgment of foreclosure, included in amount,14.01, 14.02

Receiverships, 12.05

AVOIDANCES, 27

Assignee of mortgage, 27.03

Fraud allegations, 22.02

Holders in due course, 27.03

Pleading requirements, 27.01

Statute of frauds for credit agreements,27.04

Lender liability, 29.04

Subsequent purchaser, certain defenses notavailable to, 27.02