The Massachusetts Land Court Servicemembers Affidavit—officially the Military Affidavit under 50 U.S.C. § 3931—is a sworn statement that tells the court whether any property owner in a mortgage case is on active military duty and protected by the federal Servicemembers Civil Relief Act (SCRA). A mortgage holder files it inside a Land Court “Servicemembers case” before starting a foreclosure, and the court uses it to decide if a defendant gets SCRA protection.
Getting this affidavit right matters because the court cannot enter judgment against an active-duty servicemember who does not appear, and a false statement can void a later foreclosure. The current Land Court version is revised 4/6/23, so check the date printed at the bottom of the form before you file to confirm you have the right one.
According to the Land Court Servicemembers resources page, these cases exist only to decide one narrow question: military status. Here is what you will learn:
- 🪖 What the Servicemembers (Military) Affidavit is and who must sign it.
- 📋 Every document and number you need before you open the form.
- ✍️ How to fill out each box, line, and checkbox the right way.
- 🏛️ How to file it with the Land Court online, by mail, or in person.
- ⚠️ The mistakes that get affidavits rejected and foreclosures undone.
What the Form Is and Who Must File It
The Military Affidavit is a legal document that informs the court if a person in the case belongs to the United States Military or Uniformed Services, as the self-represented litigant instructions explain. In the Land Court, it lives inside a Servicemembers case, which is a case a bank or other mortgage holder brings against a property owner who has defaulted on a mortgage. A Servicemembers case is not itself a foreclosure; it only decides if the owner is entitled to SCRA protections before the lender forecloses.
The person who must file it is usually the mortgage holder (the plaintiff) or, far more often, the attorney representing that lender. If you are a homeowner being sued, you do not file this affidavit—the bank does—but you should read it because it names you and states your military status. The affidavit must be signed under the penalties of perjury, so whoever signs is swearing the facts are true to the best of their knowledge.
The agency that receives the form is the Massachusetts Land Court, a department of the Trial Court that sits at 3 Pemberton Square in Boston. The federal statute behind it is the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., with the affidavit rule at § 3931. The state procedure connects to the lender’s separate duties under G.L. c. 244, § 35A. Miss the affidavit and the court will not move the case forward, which stalls the foreclosure for months.
The branches that count as “military service” include the Army, Navy, Air Force, Marine Corps, and Coast Guard. The form also covers commissioned officers in the Public Health Service and the National Oceanic and Atmospheric Administration on active duty (and up to one year after), National Guard members on certain federal assignments, and U.S. citizens serving with certain allied forces. Knowing this list matters because a person you think is “just a reservist” may in fact be covered.
Before You Start: Documents and Information You Need
Gather everything below before you open the affidavit, because a missing item is the top reason filings stall. The form asks you to swear to facts, so you need proof in hand, not guesses.
- The Land Court docket number (Year + “SM” + case number). This ties the affidavit to the right case; without it the clerk cannot match your filing and may reject it.
- Full legal names of every defendant. You must list each owner of the equity of redemption; leaving one out means that person is never cleared for SCRA status.
- Each defendant’s date of birth or Social Security number. The Defense Manpower Data Center (DMDC) search requires one of these; without it you cannot run the official status check.
- The DMDC Status Report from the SCRA website. This printout is required proof and must be attached; an affidavit without it is incomplete.
- The mortgage recording details. Book, page, document number, or certificate of title number prove the lender’s interest and appear in the related complaint.
- The property address. Street, unit, condo name, and city or town must match the registry record so the court identifies the right parcel.
- The date you ran the search. The affidavit speaks “as of” a date, and a stale search (older than three months) may force you to redo it.
- The signer’s contact block and BBO number. Attorneys must add their Board of Bar Overseers number; a missing BBO number flags the filing as defective.
- The Mortgagee’s Affidavit under c. 244, § 35A. The Land Court will not accept the case without it, so prepare it at the same time.
If you skip the DMDC report, expect the court to ask for a bond or simply hold the case. If you skip a defendant’s birth date, you cannot complete the search and the affidavit cannot truthfully say “not in military service.”
Where to Get the Form and How to Access It
You can download the official Military Affidavit from the Land Court forms page on Mass.gov, where it is posted as a fillable PDF revised 4/6/23. The same page hosts every companion document a Servicemembers case needs, including the Complaint to Determine Military Status, the Order of Notice, and the Motion for Judgment. Download the PDF and open it in Adobe Acrobat Reader, because the form may not display right inside a web browser.
The affidavit comes with built-in instructions, and a plain-language guide for non-lawyers sits at the Military Affidavit instructions page. Translations are available in Spanish, Portuguese, Haitian Creole, Cape Verdean Creole, Chinese, Russian, Vietnamese, Khmer, and Arabic, which helps when a defendant or filer reads another language.
To run the required military search, create a free account on the DMDC SCRA portal and enter each defendant’s name plus a birth date or Social Security number. The site returns a Status Report you print and attach to the affidavit. Keep a clean PDF copy, because the court treats this report as the backbone of your sworn statement and will look for it first.
Step-by-Step: How to Fill Out the Military Affidavit Line by Line
The affidavit reads top to bottom, left to right. Fill in the caption first, then the four status statements, then the required “facts” section, and finally the signature block. Use the exact field names printed on the form, and write sample entries in plain block letters so the court can read them.
Docket Number
This box asks for the court’s case number for your Servicemembers case. Write the number the Land Court assigned, which follows the pattern Year + “SM” + sequence—for example, 2026 SM 001234. If the case is brand new and has no number yet, leave it blank and the clerk will stamp it on filing.
For example, attorney Karen Doyle writes 2026 SM 001234 in the docket box for a lender client. The most common “what if” is a case that was just e-filed: in that situation the system assigns the number after you submit, so do not invent one. A common mistake is writing the registry book number here instead of the court docket, which misroutes the filing and delays the case. Many filers wrongly believe the docket number and the registry recording number are the same; they are two separate identifiers from two separate offices.
Case Name (Plaintiff v. Defendant)
This field asks for the names of the parties, with the mortgage holder on top and the property owner below the “v.” Write the plaintiff’s full legal name, then the defendant’s full legal name on the line after the “v.” Match the names to the complaint exactly so the caption is consistent across documents.
For example, Bayfront Mortgage LLC goes on the plaintiff line and Robert and Maria Alvarez go on the defendant line. The common “what if” is multiple defendants: list every owner of the equity of redemption, adding names if the line runs short. A frequent mistake is using a nickname or an abbreviated entity name, which can make the affidavit not match the complaint and draw a clerk’s query. People often think only the borrower who signed the note is a defendant, but anyone holding an ownership interest of record must appear.
Court Department (Select Only One)
This section asks which Trial Court department holds the case, offered as a row of checkboxes. Check the single box for Land Court, since Servicemembers cases in this guide are filed there. Do not check more than one box.
For example, Karen Doyle checks only the Land Court box and leaves District, Housing, Probate & Family, and the others blank. The “what if” arises when a lender filed in Superior Court instead; in that case the same form is used but you check Superior Court. The common mistake is checking two boxes or the wrong department, which can route the affidavit to the wrong clerk and stall processing. Some filers assume the form is Land Court–only, but it is a statewide Trial Court form usable in several departments, so you must pick the correct one.
Opening Affirmation Line (Name of Affiant)
This line reads: “Under the Servicemembers Civil Relief Act, 50 U.S.C. § 3931, I, ______, have signed below affirming, to the best of my knowledge, that the following statements are true.” Write the full legal name of the person swearing the affidavit in the blank. This is the affiant, usually the lender’s attorney.
For example, Karen Doyle writes Karen M. Doyle in the blank. The common “what if” is a paralegal preparing the form: the signer must be the person with knowledge who swears to it, not the staffer who typed it. A mistake here is leaving the name blank or naming the law firm instead of a person, which breaks the chain of personal accountability the oath requires. Filers sometimes think a firm can swear an affidavit, but only a natural person can affirm under penalty of perjury.
Statement 1: Status Choices (Boxes 1–4)
This is the heart of the affidavit. It gives four checkbox statements about each party’s military status as of the search date, and you check whichever ones apply and list names under them. You also write the search date in the “As of” blank at the top of this section.
- Box 1 — in military service. Check this and list anyone the search shows is on active duty.
- Box 2 — not in military service. Check this and list anyone confirmed not on active duty.
- Box 3 — concluded military service. Check this, list the name, and add the exact end-of-service date.
- Box 4 — unable to determine. Check this if you cannot find out; the court may then require a bond under 50 U.S.C. § 3931(b)(3).
For example, Karen Doyle writes the search date 05/20/2026 in the “As of” blank, checks Box 2, and lists Robert Alvarez and Maria Alvarez as not in military service. The common “what if” is mixed results—one owner active, one not—where you check both Box 1 and Box 2 and list each name under the correct one. The classic mistake is checking Box 2 (“not in service”) when the search was actually inconclusive; that is a false statement that can void the foreclosure. Many filers believe they must pick only one box, but you check every statement that fits, because different parties can have different statuses.
Statement 2: Facts Supporting the Affidavit (Choice A or B)
The form requires you to state the facts behind your status answers and to check either A or B. Choice A says you used the SCRA website and are attaching the results. Choice B says you did not use the website but are providing other specific facts about military status.
If you ran the DMDC search, check A and attach the Status Report; the box that says “the results from my use of the SCRA Website are attached” is required. If you did not use the website, check B and write exactly how you know each party’s status—such as written correspondence from a military headquarters—and attach that proof. For example, Karen Doyle checks A and staples the DMDC Status Report dated 05/20/2026 behind the affidavit.
The common “what if” is that the SCRA site needs a birth date you do not have; then you write to the branch headquarters and use Choice B with the reply attached. The biggest mistake is checking A but forgetting to attach the report, which makes the affidavit incomplete and stops the case. People often assume a phone call to the bank’s records department counts as proof, but the court wants the official DMDC report or written military correspondence.
Signature, Date, and Contact Block
The closing block reads “Subscribed and certified or declared to be true under penalty of perjury” and asks for your signature, the date, your printed name and contact details, and a BBO number for attorneys. Sign your name, write today’s date as MM/DD/YYYY, and print your first and last name, full address, phone number, and email. Attorneys add their BBO number; non-lawyers leave that line blank.
For example, Karen Doyle signs, writes 05/20/2026, prints her firm address and phone, adds her email, and enters her BBO #654321. The common “what if” is e-filing, where a typed “/s/ Karen M. Doyle” signature is accepted in the portal. A serious mistake is signing without actually reading the four status boxes, because the perjury oath covers everything above the line. Some filers think the date here can be any date; it must be the date you sign, and if it is more than three months after the search you may be told to update the affidavit.
Three Filled-Out Examples Using Real Scenarios
These three fact patterns cover what most filers face. Each follows one named person through the affidavit from caption to signature.
Scenario 1: No defendant is in the military (the routine case). Attorney Karen Doyle files for a lender after running a clean DMDC search on a married couple.
| Form Section | What Karen Enters |
|---|---|
| Docket Number | 2026 SM 001234 |
| Case Name | Bayfront Mortgage LLC v. Robert and Maria Alvarez |
| Court Department | Land Court box checked |
| Affiant Name | Karen M. Doyle |
| “As of” Date | 05/20/2026 |
| Status Box | Box 2 – not in military service checked |
| Names Listed | Robert Alvarez; Maria Alvarez |
| Facts (A or B) | A – DMDC results attached |
| Signature / Date | Karen M. Doyle / 05/20/2026 |
| BBO Number | 654321 |
Scenario 2: A defendant is on active duty. Attorney James Patel represents a credit union and the DMDC search flags one owner as active Army.
| Form Section | What James Enters |
|---|---|
| Docket Number | 2026 SM 002211 |
| Case Name | Granite Credit Union v. David Nguyen |
| Court Department | Land Court box checked |
| Affiant Name | James R. Patel |
| “As of” Date | 05/22/2026 |
| Status Box | Box 1 – in military service checked |
| Names Listed | David Nguyen (U.S. Army, active duty) |
| Facts (A or B) | A – DMDC report showing active duty attached |
| Signature / Date | James R. Patel / 05/22/2026 |
| BBO Number | 778899 |
Scenario 3: Status cannot be determined. Attorney Lourdes Rivera cannot confirm an heir’s birth date, so the search is inconclusive.
| Form Section | What Lourdes Enters |
|---|---|
| Docket Number | 2026 SM 003044 |
| Case Name | Harbor Savings Bank v. Estate of Thomas Cole |
| Court Department | Land Court box checked |
| Affiant Name | Lourdes A. Rivera |
| “As of” Date | 05/25/2026 |
| Status Box | Box 4 – unable to determine checked |
| Names Listed | Unknown heirs of Thomas Cole |
| Facts (A or B) | B – letters to service branches attached |
| Signature / Date | Lourdes A. Rivera / 05/25/2026 |
| Note | Court may require a bond under § 3931(b)(3) |
How to File the Completed Form
The Land Court accepts Servicemembers filings online, by mail, and in person, and the affidavit must travel with its companion documents. Remember the court will not accept any SCRA case unless the Mortgagee’s Affidavit under c. 244, § 35A goes with it.
- Online (e-file). Use the eFileMA portal to upload the complaint, the Military Affidavit, and the DMDC report. The portal calculates fees and routes the documents to the Land Court. Save the system confirmation and the stamped copies as your proof of filing.
- By mail. Send the package to the Land Court, 3 Pemberton Square, Boston, MA 02108, with a check for the filing fee payable to “Commonwealth of Massachusetts.” Mail it certified with return receipt so you have proof of delivery, and expect several days for docketing.
- In person. Bring the documents to the Recorder’s Office at 3 Pemberton Square, Boston, and pay by check or as the office directs. Ask the clerk to stamp your copy “received” so you keep a dated proof of filing.
The Land Court’s standard filing fee for a Servicemembers/miscellaneous case is $240 (a $235 entry fee plus a $5 surcharge), though you should confirm the current amount with the Recorder’s Office at (617) 788-7470 before sending payment. If you cannot pay, you may file an affidavit of indigency to ask the state to waive fees. Processing time to issue an Order of Notice typically runs a few weeks, depending on the court’s volume.
What Happens After You File
Once the affidavit and complaint are docketed, the court reviews them and, in a normal case, issues an Order of Notice telling any defendant who is or recently was on active duty to appear and claim SCRA benefits. The lender then publishes and serves that notice as the order directs, which gives a servicemember the chance to respond. This step protects due process before any foreclosure moves ahead.
If no defendant appears and the affidavit shows no one is in military service, the plaintiff files a Motion for Judgment under 50 U.S.C. § 3953. The court then enters judgment declaring the defendants are not entitled to SCRA benefits, which clears the lender to proceed with the mortgage foreclosure outside court. The Land Court signs the judgment line on the complaint, and the Recorder attests it.
If the affidavit reports an active-duty defendant, the court will not enter a default judgment and may stay the case or appoint an attorney to protect the servicemember. Where status is unknown, the court can require the lender to post a bond under § 3931(b)(3) to cover any harm if the person turns out to be protected. Each path keeps the case from harming someone shielded by federal law.
Mistakes to Avoid When Filling Out the Form
Each error below has a direct, costly consequence, so check your affidavit against this list before you sign.
- Checking “not in military service” when the search was inconclusive, which is a false oath that can void the foreclosure.
- Forgetting to attach the DMDC Status Report, which makes a Choice-A affidavit incomplete and stops the case.
- Using a stale search older than three months, which forces you to redo the affidavit and delays judgment.
- Leaving the “As of” date blank, which means the court cannot tell when the status was checked and may reject it.
- Omitting one of several defendants, which leaves that owner uncleared and blocks a clean judgment.
- Writing the registry book number in the docket box, which misroutes the filing to the wrong record.
- Naming the law firm instead of a person as affiant, which breaks the personal perjury oath the form requires.
- Checking the wrong court department, which sends the affidavit to the wrong clerk and stalls processing.
- Skipping the BBO number as an attorney, which flags the filing as defective.
- Filing the affidavit without the c. 244, § 35A Mortgagee’s Affidavit, which the Land Court will not accept at all.
- Signing without reading the four status boxes, which exposes the signer to a perjury finding for errors above the line.
- Using a nickname or abbreviated party name, which makes the caption not match the complaint and draws a query.
Do’s and Don’ts
Do:
- Run the DMDC search yourself and attach the printed Status Report, because it is the court’s primary proof.
- Match every name to the complaint exactly, so the caption stays consistent across documents.
- Date the affidavit the day you sign it, because the oath speaks as of that date.
- List each defendant under the correct status box, since different parties can have different statuses.
- File the Mortgagee’s Affidavit at the same time, because the court rejects SCRA cases filed without it.
- Keep stamped or e-filed copies, so you can prove the filing date later.
Don’t:
- Don’t guess at military status; check Box 4 if you truly cannot determine it.
- Don’t reuse an old search; redo it if more than three months have passed.
- Don’t check more than one court department box, which misroutes the form.
- Don’t sign on behalf of a firm; only a person can swear the oath.
- Don’t leave the facts section (Choice A or B) blank, because it is required.
- Don’t omit a defendant who holds the equity of redemption, or that person stays uncleared.
Pros and Cons of Filing on Your Own vs. With Help
Most Servicemembers cases are filed by lenders’ attorneys, but a small lender or pro se filer can do it alone. Weigh the trade-offs below.
Pros of filing on your own:
- Saves attorney fees, which can run hundreds of dollars per case.
- Gives you direct control over timing and the DMDC search.
- Builds your understanding of the SCRA process for future filings.
- Avoids waiting on a law firm’s schedule for a simple, clean case.
- Works well when the search clearly shows no one is in service.
Cons of filing on your own:
- A false or sloppy affidavit can void the foreclosure, a costly legal risk.
- You bear the perjury exposure personally for every statement.
- Edge cases—active duty, unknown heirs, bonds—need legal judgment.
- The companion documents and § 35A rules are easy to miss without experience.
- Errors can add weeks of delay that an attorney would have avoided.
Military Affidavit vs. Complaint to Determine Military Status
These two documents work together but do different jobs, and filers often confuse them.
| Military Affidavit (§ 3931) | Complaint to Determine Military Status |
|---|---|
| A sworn statement of each party’s military status | The pleading that opens the Servicemembers case |
| Signed under penalty of perjury by the affiant | Signed by the plaintiff’s attorney as a complaint |
| Requires the attached DMDC Status Report | States the mortgage, registry recording, and equity of redemption |
| Used to support default and judgment | Asks the court for an Order of Notice and a declaratory judgment |
| Statewide Trial Court form, revised 4/6/23 | Land Court form, revised 10-29-18 |
Key Entities You Should Know
Several agencies and laws touch this affidavit, and understanding their roles helps you file correctly. The Massachusetts Land Court is the court that hears Servicemembers cases and issues the judgment that clears a foreclosure. The Defense Manpower Data Center runs the SCRA verification website that produces the Status Report you must attach.
The Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq., is the federal law that shields active-duty members from default judgments and certain foreclosures. On the state side, G.L. c. 244, § 35A governs the lender’s pre-foreclosure duties and is why the Mortgagee’s Affidavit must accompany the case. Together, these pieces ensure a foreclosure does not strip rights from a protected servicemember.
FAQs
Do I have to use the DMDC SCRA website to fill out this affidavit?
No. You can instead check Choice B and provide other specific facts, such as written military correspondence, but the DMDC Status Report is the easiest and strongest proof and is required if you check Choice A.
Is the Servicemembers Affidavit the same thing as a foreclosure?
No. A Servicemembers case only decides whether an owner is protected by the SCRA; the actual mortgage foreclosure happens separately and is generally not run by the court.
Do I write the registry book number in the Docket Number box?
No. The Docket Number box takes the court’s case number in the Year-SM-number format, not the registry recording book and page, which belong in the complaint.
Should I check only one status box in Statement 1?
No. You check every box that applies and list each party under the right one, because different owners can have different military statuses in the same case.
Can I list the law firm as the affiant on the signature line?
No. Only a natural person can swear the oath under penalty of perjury, so a named individual—usually the attorney—must sign, not the firm.
Do I need to attach the DMDC report if I checked Choice A?
Yes. Choice A states the SCRA website results are attached, so the Status Report is required and the affidavit is incomplete without it.
Must an attorney enter a BBO number?
Yes. Attorneys must add their Board of Bar Overseers number on the signature block; self-represented filers leave that line blank.
Can I reuse a military search I ran six months ago?
No. If you filed or searched more than three months ago, the court may require a fresh affidavit, so run a new DMDC search before filing.
Will the court enter judgment if a defendant is on active duty?
No. The court cannot enter a default judgment against an active-duty servicemember who does not appear, and it may stay the case or appoint counsel to protect them.
Do I have to file anything besides the affidavit to start the case?
Yes. You must file the Complaint to Determine Military Status and, importantly, the Mortgagee’s Affidavit under c. 244, § 35A, which the Land Court requires for every SCRA case.
Can I file the affidavit online?
Yes. You can e-file through the eFileMA portal, mail it to 3 Pemberton Square in Boston, or deliver it in person at the Recorder’s Office.
Does checking “unable to determine” cost me anything extra?
Yes. If you check Box 4, the court may require you to post a bond under 50 U.S.C. § 3931(b)(3) before it enters judgment, to cover harm to a possibly protected party.
Is the “As of” date the same as my signature date?
No. The “As of” date is when you ran the status search, and the signature date is when you sign; they are often close but are separate entries.
Do I list National Guard members as being in military service?
Yes. National Guard members on certain federal assignments count as being in military service under the SCRA, so list them under Box 1 if the search shows active federal duty.
Related reading
- How to Fill Out Michigan Form DC 104 (w/Examples) + FAQs
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- How to Fill Out the Massachusetts Land Court Foreclosure Complaint + FAQs
- How to Fill Out the Massachusetts Land Court Servicemembers Affidavit (Military Affidavit Under 50 U.S.C. § 3931) + FAQs
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