The Massachusetts Land Court foreclosure complaint is officially the Complaint to Determine Military Status, a one-page court filing that a mortgage holder files with the Land Court to confirm a defaulting borrower is not protected by the federal Servicemembers Civil Relief Act before a foreclosure goes forward. Most people call it the “Servicemembers case” or “SM case,” and the court docket number even starts with the letters “SM” (for example, 15 SM 000123).
This filing is not the foreclosure itself. As the Land Court explains in its Servicemembers case FAQs, the case only decides one narrow question: is the borrower on active military duty? Skipping it, or filling it out wrong, can void a foreclosure sale and force a lender to start over months later. Roughly 8,000 to 10,000 of these Servicemembers cases move through the Land Court each year, which makes this short form one of the most-filed documents in the building at 3 Pemberton Square.
Here is what you will learn in this guide:
- 📄 What the Complaint to Determine Military Status really does and who must file it
- 🗂️ Every document and number you need before you open the form
- ✍️ A line-by-line walkthrough of all four numbered paragraphs and the signature block
- 🏛️ How to file at the counter, by mail, or through eFiling, with fees and proof to keep
- ⚠️ The field-level mistakes that get cases rejected and how to dodge each one
What the Form Is and Who Must File It
The Complaint to Determine Military Status is a civil complaint filed in the Land Court Department of the Trial Court. It asks a judge to declare that the people who own the property being foreclosed are not on active military service. That declaration matters because the Servicemembers Civil Relief Act, 50 U.S.C. §3901 et seq., gives active-duty members special protection against foreclosure, including the right to ask a court to pause or stop a sale.
The plain-English version of the law is simple: you cannot foreclose on an active-duty servicemember the same way you foreclose on a civilian. If a lender ignores this rule, the foreclosure can be undone and the lender can face damages. For example, Bank of Plymouth forecloses on a home, never checks military status, and later learns the owner was deployed overseas; the sale can be unwound and the bank can be sued. A common misconception is that this case decides whether the loan is in default. It does not. The Land Court takes no position on the debt, the missed payments, or the foreclosure terms; it only rules on military status.
The party who files is the plaintiff, which is almost always the mortgage holder, the bank, or the loan servicer. In practice, the lender’s attorney prepares and signs the form, because the official Land Court procedure states that the “Attorney will complete form.” A pro se lender may file, but the form requires a Massachusetts attorney’s Board of Bar Overseers (BBO) number in the signature block, so a non-attorney filer hits a wall fast. The defendant is the borrower who holds the equity of redemption, meaning the right to pay off the loan and keep the home.
The form carries a court revision stamp of (10-29-18) in the Land Court judgment block, so confirm your template shows that date before filing. The companion Order of Notice carries its own revision stamp of (04-19-19). Using an outdated template is a frequent reason clerks bounce a filing back, so always pull the current PDF directly from the court site rather than reusing an old office copy.
Before You Start: Documents and Information You Need
Gather everything below before you open the form. The complaint pulls almost all of its content straight from your recorded mortgage, so having the document in front of you prevents the guesswork that leads to rejected filings. Missing any single item can stall the case at the counter or trigger a defective Order of Notice later.
- The recorded mortgage. You need the original mortgage to copy the names, date, and recording data exactly. Without it, you cannot complete Paragraph 1.
- The mortgagor’s full legal name. This is the borrower who gave the mortgage. A wrong name breaks the chain of title and can void the notice.
- The mortgagee’s name. This is the original lender named in the mortgage, which may differ from the current holder. Leaving it out makes the complaint defective.
- The mortgage date. The exact date the mortgage was signed. A wrong date creates a mismatch with the registry record.
- Registry of Deeds name and registration district. You must name the correct registry (for example, Suffolk County Registry of Deeds). Filing against the wrong registry voids the notice.
- Book and Page or Document/Certificate number. Recorded land uses Book and Page; registered land uses a Document Number and Certificate of Title number. Mixing these up is a top error.
- The property address. Full street, unit, condo name, city, and town. A bad address can misdirect service and publication.
- Current military status check. Run a search on the federal SCRA verification site for each defendant before you certify they are not active duty.
- The $255.00 filing fee. A check made out to the Land Court. Without payment, the court will not assign a case number.
- A self-addressed stamped envelope. The court requires one with every new complaint so it can mail your attested Order of Notice back.
A quick named example shows why this matters. Attorney Dana Cole represents a servicer foreclosing on a triple-decker in Dorchester. She pulls the recorded mortgage, confirms the Suffolk registry book and page, runs each owner through the SCRA database, writes the $255.00 check, and clips a stamped return envelope to the packet. Because she gathered all nine items first, the clerk assigns her case number the same day.
Where to Get the Form and How to Access It
The official form lives on the state’s court website. Download the current Complaint to Determine Military Status and the matching Order of Notice set directly from Mass.gov so you know you have the version the court accepts. The broader Land Court Department forms and resources page lists every related document, fee schedule, and filing rule in one place.
The complaint is a fillable template rather than a numbered government form, so you type your case-specific facts into the bracketed placeholders. You complete the complaint and the two-page Order of Notice set together, because the court treats them as a pair. The Land Court procedure stresses that the Complaint and Order of Notice are “mirror images” of each other, meaning the same information appears on each, no more and no less.
Do not fill in the return date or the issuing date on the Order of Notice. The official procedure tells filers to leave those two fields blank because the court fills them in when it assigns your case and issues notice. If you guess at a return date, the clerk will reject the packet and you will lose your place in line. A common misconception is that the attorney sets the hearing or return date; in a Servicemembers case the court controls that timeline entirely.
Step-by-Step: How to Fill Out the Complaint to Determine Military Status Line by Line
This is the heart of the filing. The complaint has a caption, four numbered allegation paragraphs, a “Wherefore” prayer for relief, and a signature block, plus an office information section and a court-only judgment block. Work through each part in the order it appears on the form, and copy your recorded mortgage details with care.
1. The Caption: County, Year, Case Number, Plaintiff, and Defendant
The top of the form asks for the county where the property sits, the year, a blank case number, and the names of the plaintiff and defendant. In plain English, this is the heading that tells the court who is suing whom and where the land is located. You type the county before “ss.” (for example, SUFFOLK, ss.), enter the four-digit year, and leave the case number blank because the court assigns it.
Enter the plaintiff’s full legal name on the plaintiff line and the borrower’s full legal name on the defendant line. For example, Bank of Plymouth, as Trustee writes its full trustee name as plaintiff, and Maria Lopez appears as the defendant exactly as her name reads on the recorded mortgage. Leave the [Year] SM [Case No.] slot mostly open; you may type the year, but the “SM” docket number is the court’s to fill.
A nuance arises with multiple owners. If two people hold the equity of redemption, you list both as defendants (for example, Maria Lopez and Carlos Lopez). A common mistake is entering only one co-owner; this leaves the other owner outside the notice, and a missed defendant can void the entire Servicemembers judgment. A frequent misconception is that the case number goes in the caption at filing, but writing your own “SM” number there confuses the clerk and slows your filing.
2. Paragraph 1: The Mortgage and Property Description
Paragraph 1 asks you to identify the mortgage and the property it covers. In plain language, this paragraph proves you actually hold a mortgage with a statutory power of sale on a specific piece of real estate. You fill in the mortgagor, the mortgagee, the mortgage date, the registry or registration district, the Book and Page and/or Document/Certificate number, and the full property address.
Copy each detail exactly from the recorded mortgage. For example, the paragraph reads that the plaintiff has an interest in a mortgage given by Maria Lopez (mortgagor) to Plymouth Home Lending, Inc. (mortgagee), dated 06/12/2018, recorded at the Suffolk County Registry of Deeds in Book 54321, Page 118, covering 42 Adams Street, Unit 2, Dorchester, MA. Use the registry’s own number formatting and do not abbreviate the street address.
A key edge case is registered land. If the property is registered (Land Court registered title) rather than recorded, you skip Book and Page and instead enter the Document Number and Certificate of Title number in the registration-district field. A common mistake is entering a Book and Page for registered land, which creates a mismatch that the title examiner will flag and bounce. A misconception filers carry is that the mortgagee must be the current loan holder; the form wants the original mortgagee named in the document, not the present servicer or assignee.
3. Paragraph 2: The No-Military-Service Allegation
Paragraph 2 is a fixed statement that says no defendant is in the military service within the meaning of the Servicemembers Civil Relief Act. In plain English, you are formally telling the court that, to your knowledge, none of the borrowers is on active duty. You do not rewrite this paragraph; it is pre-printed, and your signature later certifies it is true.
Before you rely on this paragraph, verify it. For example, Attorney Dana Cole runs Maria Lopez through the federal SCRA database and saves the certificate showing no active-duty match. That printout is the factual basis for the sworn statement in Paragraph 2.
The edge case here is a defendant who recently left service or is a reservist on active orders. If a defendant is or recently was active duty, Paragraph 2 is false, and you must not file the standard complaint as written. A serious mistake is signing this allegation without checking military status, because filing a false statement can expose the lender to sanctions and undo the foreclosure. The misconception to drop is that the court runs the military check for you; the burden sits entirely on the plaintiff and the attorney who signs.
4. Paragraph 3: The Equity of Redemption Allegation
Paragraph 3 states, on information and belief, that the named defendants are the only people holding the equity of redemption as it appears of record. In plain language, you are telling the court that the defendants you listed are the only owners with the right to redeem the property. This ties the named defendants in the caption to the property in Paragraph 1.
You do not edit the wording, but you must make sure your defendant list is complete and accurate. For example, if the registry shows Maria Lopez and Carlos Lopez both hold title, both names must appear in the caption so this paragraph is true. A title rundown from the registry is how you confirm who holds the equity of redemption.
A nuance appears when ownership has changed. If an owner deeded their interest away or died, the record holder of the equity of redemption may differ from the original mortgagor. A common mistake is naming the mortgagor in the caption while the registry shows a different current owner, which makes Paragraph 3 false and the notice defective. The misconception to correct is that “the borrower” and “the equity-of-redemption holder” are always the same person; after transfers or deaths, they often are not.
5. Paragraph 4: Intent to Foreclose and Comply With the Act
Paragraph 4 states that the mortgage holder seeks to foreclose to protect its secured interest after a breach of conditions and wants to comply with the Servicemembers Civil Relief Act. In plain English, this is your declared reason for filing: you intend to foreclose and you are following the law’s military-protection rules first. Like the other allegations, this language is pre-printed.
You confirm the facts behind it rather than retyping it. For example, Bank of Plymouth has a borrower who stopped paying in January 2026, which is the “breach of the conditions” the paragraph references. Your loan file and notice of default support this allegation.
The edge case is a current loan with no default. If there is no breach, there is no basis to foreclose, and filing the complaint is premature. A common mistake is filing the Servicemembers complaint before the loan is actually in default, which wastes the $255.00 fee and creates a record problem. The misconception to drop is that this paragraph starts the foreclosure clock; it only documents intent, while the actual foreclosure runs under the Massachusetts foreclosure statutes in G.L. c. 244.
6. The “Wherefore” Prayer for Relief
The Wherefore section lists the two orders you ask the court to issue: first, an order of notice telling the defendants to appear and answer if they are active duty, and second, a judgment declaring they are not entitled to the Act’s benefits. In plain language, this is your request for what you want the judge to do. The text is fixed, so you leave it as printed.
You do not edit this section, but you should understand it. For example, Attorney Dana Cole relies on the first request to get the attested Order of Notice she will publish and serve, and on the second to get the final judgment that clears the path to foreclose.
The nuance is sequencing: the order of notice comes first, and the judgment comes later, only after notice is given and any answer period passes. A mistake is expecting an instant judgment at filing; the court issues notice first, and judgment follows weeks later. The misconception to drop is that filing the complaint equals winning the case; you still must complete service, publication, and a motion for judgment.
7. The Signature Block: Attorney, BBO Number, and Date
The signature block asks for the signature of the attorney for the plaintiff, the attorney’s BBO number, and the date. In plain English, this is where the lawyer signs and certifies the complaint is true. You sign on the attorney line, type the Board of Bar Overseers number after “BBO. #”, and enter the signing date.
Enter the number exactly. For example, Attorney Dana Cole signs her name, writes BBO #654321, and dates the form 05/29/2026. The BBO number must match the attorney of record who will appear in the case.
The edge case is a self-represented institutional filer with no attorney. Because the form is built around a BBO number, a non-attorney filer cannot complete this block correctly, and the court expects counsel on these cases. A common mistake is a missing or wrong BBO number, which the clerk catches and which delays case assignment. The misconception to correct is that a paralegal can sign for the attorney; the signature must be the attorney’s, even when staff prepared the document.
8. The Office Information Block and the Court-Only Judgment Section
Below the signature is an office block asking for the filer’s office address, telephone number with extension, and an optional office file number. In plain English, this tells the court where to mail your attested Order of Notice and how to reach you. You type your firm’s full mailing address across the four lines, add the phone number, and include your internal file number if you track one.
For example, Attorney Dana Cole enters her firm name and street address, (617) 555-0142 ext. 210, and office file number LOPEZ-2026-04. That file number helps her match the court’s mailed packet to the right matter when it returns.
The bottom “LAND COURT USE ONLY” judgment block and the “LET JUDGMENT ISSUE” line at the very top are for the court and the Chief Justice; you leave both blank. A common mistake is writing in the judgment block, which the clerk will reject. The misconception to drop is that more information helps; on this form, the court-only sections must stay empty, and the mirror-image rule means the Complaint and Order of Notice must carry identical case information and nothing extra.
Three Filled-Out Examples Using Real Scenarios
Below are three of the most common fact patterns filers face, each followed through the form’s major sections. Use them as models, and substitute your own recorded mortgage details.
Scenario 1: Single defaulting homeowner, recorded land. Bank of Plymouth forecloses on Maria Lopez, the sole owner of a recorded-land home in Dorchester.
| Form Section | What Bank of Plymouth Enters |
|---|---|
| County (caption) | SUFFOLK, ss. |
| Year / Case No. | 2026 / left blank for court |
| Plaintiff | Bank of Plymouth, as Trustee |
| Defendant | Maria Lopez |
| Para. 1 mortgagor / mortgagee | Maria Lopez / Plymouth Home Lending, Inc. |
| Para. 1 date / registry | 06/12/2018 / Suffolk County Registry of Deeds |
| Para. 1 Book / Page / address | Book 54321, Page 118 / 42 Adams Street, Dorchester, MA |
| Para. 3 equity of redemption | Maria Lopez is the only holder |
| Signature / BBO | Dana Cole / BBO #654321 |
Scenario 2: Multiple co-owners holding the equity of redemption. Coastal Mortgage Trust forecloses on a two-owner property in Quincy.
| Form Section | What Coastal Mortgage Trust Enters |
|---|---|
| County (caption) | NORFOLK, ss. |
| Plaintiff | Coastal Mortgage Trust |
| Defendant | Carlos Reyes and Elena Reyes |
| Para. 1 mortgagor / mortgagee | Carlos Reyes and Elena Reyes / Coastal Home Bank, N.A. |
| Para. 1 date / registry | 03/04/2019 / Norfolk County Registry of Deeds |
| Para. 1 Book / Page / address | Book 37210, Page 55 / 88 Beale Street, Quincy, MA |
| Para. 3 equity of redemption | Carlos Reyes and Elena Reyes are the only holders |
| Para. 2 military check | SCRA database run on both defendants |
| Signature / BBO | Dana Cole / BBO #654321 |
Scenario 3: Condominium unit on registered land. Granite State Servicing forecloses on a registered-land condo in Cambridge.
| Form Section | What Granite State Servicing Enters |
|---|---|
| County (caption) | MIDDLESEX, ss. |
| Plaintiff | Granite State Servicing, LLC |
| Defendant | Priya Nair |
| Para. 1 mortgagor / mortgagee | Priya Nair / Granite Federal Credit Union |
| Para. 1 date / district | 09/22/2020 / Middlesex South Registration District |
| Para. 1 Document / Certificate | Document 1789234 / Certificate of Title 256789 |
| Para. 1 property | Unit 4B, Harborview Condominium, 15 Quill Lane, Cambridge, MA |
| Para. 3 equity of redemption | Priya Nair is the only holder |
| Signature / BBO | Dana Cole / BBO #654321 |
How to File the Completed Form
You can file the complaint three ways, and the same $255.00 fee applies to each. The Land Court filing fee schedule sets the Servicemembers complaint fee, which includes a $240.00 filing fee plus a surcharge, and the official SCRA procedure confirms a check for “$255.00 made out to the Land Court.” Always send a self-addressed stamped envelope so the court can return your attested Order of Notice.
- In person at the front counter. Bring the complaint, the Order of Notice set, the $255.00 check, and a stamped return envelope to the Land Court at 3 Pemberton Square, Boston, MA 02108. The court assigns a case number on the spot, and your proof of filing is the date-stamped copy you keep.
- By mail. Mail the same packet and check to the 3 Pemberton Square address. Expect added time for mail handling and for the court to mail your attested Order of Notice back, so keep a copy of everything and a record of the mailing.
- By eFiling. Many Land Court case types accept electronic filing; check the court’s eFiling in the Land Court guidance for current Servicemembers-case availability. eFiling pays the fee online by card or e-check, and your proof of filing is the system’s electronic confirmation receipt.
For payment, the counter and mail channels take a check or money order payable to the Land Court, while eFiling takes card or e-check through the portal. Processing time runs from same-day case assignment at the counter to roughly one to two weeks by mail for the attested Order of Notice to return. Keep your date-stamped complaint, the canceled check or payment receipt, and the court’s mailed instruction sheet as your complete proof-of-filing record.
You can reach the Recorder’s Office at (617) 788-7470 with filing questions. When you call or send any later form, use the full Land Court case number (for example, 26 SM 000123) so staff can find your matter fast.
What Happens After You File
After the court assigns a case number, it completes and mails you an attested Order of Notice along with an instruction sheet. That sheet tells you to make copies of additional Orders of Notice for recording, publishing, and service, which are the next steps that give the borrower legal notice of the case. In short, filing the complaint opens the case, but it does not finish it.
You then record the Order of Notice at the registry, publish it in a newspaper, and serve it on the defendants by certified mail or sheriff. If a defendant claims active-duty status, they file an answer with the Land Court before the deadline in the Order of Notice, as one legal Q&A on answering an SCRA case explains. If no one answers and your service is complete, you file a return of service and a motion for judgment.
The case ends when the court signs the judgment declaring the defendants are not entitled to the Act’s benefits. That judgment, recorded with the foreclosure deed, helps protect the sale’s validity. As the Supreme Judicial Court noted in Marley v. Bank of New York, the Servicemembers proceeding is narrow, so the judgment confirms only military status, not the lawfulness of the underlying foreclosure.
Mistakes to Avoid When Filling Out the Form
Each error below has stalled real Servicemembers cases. Watch for them before you file.
- Wrong registry named in Paragraph 1. The notice goes to the wrong county and the case must be refiled.
- Book and Page used for registered land. The title examiner flags the mismatch and rejects the filing.
- Missing a co-owner as defendant. The omitted owner is not bound, and the judgment can be voided.
- Filling in the return or issuing date. The court rejects the Order of Notice because those fields must stay blank.
- Complaint and Order of Notice not mirror images. Mismatched information triggers a bounce-back from the clerk.
- No SCRA database check before signing. Paragraph 2 becomes a false statement that can sanction the filer.
- Missing or wrong BBO number. The clerk cannot accept the complaint without valid attorney credentials.
- Writing in the court-only judgment block. Clerk rejection follows because that space belongs to the court.
- No self-addressed stamped envelope. The court cannot mail your attested Order of Notice back to you.
- Wrong filing fee amount. A check that is not $255.00 stops the court from assigning a case number.
- Naming the current servicer instead of the original mortgagee. Paragraph 1 no longer matches the recorded document.
- Filing before an actual default. The foreclosure intent in Paragraph 4 has no factual basis and wastes the fee.
Do’s and Don’ts
- Do copy the mortgage details from the recorded document, because the registry record controls.
- Do run every defendant through the SCRA database, because Paragraph 2 must be true.
- Do keep the Complaint and Order of Notice identical, because the court enforces the mirror-image rule.
- Do include a self-addressed stamped envelope, because the court mails your attested notice back.
- Do use the full case number on all later forms, because it routes your matter correctly.
- Do keep your date-stamped copy and payment receipt, because they prove timely filing.
- Don’t fill in the return date or issuing date, because the court sets those.
- Don’t write in the judgment block, because that section is for the court only.
- Don’t guess at Book and Page numbers, because a mismatch voids the notice.
- Don’t omit any co-owner, because every equity holder must be named.
- Don’t sign Paragraph 2 without checking military status, because a false statement carries real penalties.
- Don’t assume this case decides the foreclosure, because it only decides military status.
Pros and Cons of Filing on Your Own vs. With an Attorney
In Massachusetts, the form’s BBO requirement pushes nearly every filer toward counsel, but it helps to weigh both paths.
| Filing With an Attorney | Filing Pro Se |
|---|---|
| Pro: The attorney can sign the BBO line the form requires, so the complaint is accepted. | Pro: You save attorney fees on a short, repetitive form. |
| Pro: Counsel catches registry and mirror-image errors before they cause rejection. | Pro: You control timing and can file the moment the loan defaults. |
| Pro: An attorney manages service, publication, and the motion for judgment. | Pro: You learn the process directly for future filings. |
| Pro: Counsel reduces the risk of a void judgment that unwinds the sale. | Pro: For high-volume servicers, in-house counsel can streamline costs. |
| Pro: Legal advice covers SCRA edge cases like reservists and recent separations. | Con: Without a BBO number, you cannot complete the signature block. |
| Con: Legal fees add to the cost of each foreclosure. | Con: A single field error can void the foreclosure and cost far more than fees saved. |
FAQs
Is the Land Court foreclosure complaint the same as the actual foreclosure?
No. The Complaint to Determine Military Status only decides whether a borrower is on active duty. The foreclosure runs separately under the Massachusetts foreclosure statutes after the court issues judgment.
Do I write the original lender or the current servicer as the mortgagee in Paragraph 1?
No, not the current servicer. Paragraph 1 names the original mortgagee printed on the recorded mortgage, because the form must match the document exactly as it was recorded.
Should I fill in the return date on the Order of Notice?
No. Leave the return date and the issuing date blank. The Land Court fills in both when it assigns your case number and issues the attested notice.
Do I enter Book and Page for registered land in Paragraph 1?
No. Registered land uses a Document Number and Certificate of Title number instead. Using Book and Page for registered land creates a mismatch that the title examiner rejects.
Is the filing fee $255.00?
Yes. A check for $255.00 made out to the Land Court accompanies the complaint, covering the filing fee plus the statutory surcharge for a Servicemembers case.
Do I need to list every co-owner as a defendant?
Yes. Every person holding the equity of redemption must be named, because Paragraph 3 alleges the defendants are the only redemption holders of record.
Can a non-attorney sign the complaint?
No. The signature block requires a Massachusetts attorney’s BBO number, so the attorney of record must sign even when staff prepared the form.
Is a self-addressed stamped envelope required?
Yes. The court requires one with every new complaint, additional Order of Notice request, return of service, and dismissal, so it can mail documents back.
Do I write my own SM case number in the caption?
No. Leave the case number blank. The Land Court assigns the “SM” docket number when it accepts your filing and creates the case.
Should the Complaint and Order of Notice contain the same information?
Yes. They must be mirror images, carrying identical case information, no more and no less, or the clerk will reject the packet.
Can I file this complaint before the loan is in default?
No. Paragraph 4 alleges a breach of the mortgage conditions, so filing before an actual default leaves that allegation without a factual basis.
Is military status the only thing this case decides?
Yes. The judgment declares only that the defendants are not entitled to Servicemembers Civil Relief Act benefits; it does not rule on the debt or the foreclosure terms.
Does filing the complaint mean I have won and can foreclose immediately?
No. You must still complete service, publication, and a motion for judgment before the court signs the judgment that clears the path to foreclose.
Can I file the complaint electronically?
Yes, where the Land Court’s eFiling system supports Servicemembers cases. Check the court’s current eFiling guidance, since channel availability and payment methods can change.
Related reading
- How to Fill Out Florida Form 7.330 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 260 (w/Examples) + FAQs
- How to Fill Out Massachusetts Summary Process Summons and Complaint + FAQs
- How to Fill Out the Massachusetts Land Court Servicemembers Affidavit (Military Affidavit Under 50 U.S.C. § 3931) + FAQs
- How to Fill Out the Massachusetts Land Court Foreclosure Complaint (Complaint to Determine Military Status) + FAQs
- How to Fill Out the Massachusetts Land Court Servicemembers Affidavit + FAQs
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