The Massachusetts Land Court Servicemembers Affidavit, known on the court’s own paperwork as the Military Affidavit under 50 U.S.C. § 3931, is the sworn statement that tells the court whether anyone in a case is on active military duty. Lenders, their attorneys, and self-represented filers use it inside the Land Court’s “Servicemembers” process so a court can confirm a borrower is not protected by federal law before a foreclosure moves ahead.
Getting this one page wrong stalls cases and can void a judgment. The court will not enter a default against an active-duty servicemember who never showed up, so a sloppy or unsupported affidavit gets bounced back, and a false one risks perjury. The federal Servicemembers Civil Relief Act reaches well over 2 million active-duty and reserve members at any given time, which is why every Land Court Servicemembers case in Massachusetts must clear this military-status check first.
Here is what you will learn in this guide:
- 🪖 What the Servicemembers (Military) Affidavit is and exactly who must sign it
- 📋 Every field on the form, line by line, with sample entries you can copy
- 🔎 How to run the official Department of Defense search and attach the proof the court demands
- 🏛️ How to file at the Land Court, what the $255 fee covers, and what the Order of Notice does
- ⚠️ The field-level mistakes that trigger a bond, a delay, or a rejected default
What the Form Is and Who Must File It
The Military Affidavit is a one-page sworn document that states, to the best of the signer’s knowledge, whether each party in a case is in military service, not in military service, has finished military service, or cannot be determined, as explained in the Trial Court’s self-represented litigant instructions. In the Land Court, it is the heart of a “Servicemembers case,” which is a special proceeding a mortgage holder brings before foreclosing so the court can rule that the borrower is not entitled to SCRA protection.
The agency that receives it is the Massachusetts Land Court, located at 3 Pemberton Square, Boston. The statute that requires it is the federal Servicemembers Civil Relief Act, 50 U.S.C. § 3931, which bars a court from entering a default judgment against an active servicemember without first appointing protections. State foreclosure law, MGL c.244, § 35A, ties in because the Land Court will not accept a Servicemembers filing unless the lender also files the Mortgagee’s Affidavit under that section.
The deadline is practical, not fixed: you file the affidavit at the start of the case, and the court treats it as stale after roughly three months, so an older one must be redone. The penalty for ignoring the rule is severe. A judgment entered against an active servicemember without a proper affidavit can be reopened and set aside, which means a completed foreclosure could later collapse.
A quick note on terms. Mortgage foreclosures in Massachusetts generally happen outside of court, so a Servicemembers case is not itself a foreclosure; it is the military-status check that clears the path. The named filer is usually the mortgage holder or its attorney, but any plaintiff seeking a default against a non-appearing defendant in Land Court must complete this affidavit.
Before You Start: Documents and Information You Need
Gather everything before you open the form. A missing date of birth or Social Security number is the single most common reason a filer cannot complete the official search, and without that search result the court can reject the affidavit or order a bond. Build your file first, then fill in the page once.
Here is the pre-filing checklist:
- The full legal name of every defendant. The affidavit lists parties by name, and a wrong or partial name makes the search useless and the affidavit unreliable.
- Each defendant’s date of birth or Social Security number. The Department of Defense database needs one of these to return a status report; without it the search fails and you fall back to weaker “facts.”
- The Land Court case number, if assigned. New cases may not have one yet, but adding it later keeps your filing matched to the docket.
- The recorded mortgage and any assignments. These prove the plaintiff holds the mortgage, which the Land Court checks before allowing the case.
- The Mortgagee’s Affidavit under MGL c.244 § 35A. The Land Court will not accept the Servicemembers filing without it.
- A printed Status Report from the SCRA website. This is the required attachment when you use the official search; no report means no valid “A” box.
- Any military correspondence you relied on. If you did not use the website, written replies from a service branch support your statement.
- A self-addressed stamped envelope. Every new complaint and request in the Servicemembers process must include one, or the court cannot mail your documents back.
If any item is missing, stop and get it. The affidavit is sworn under penalty of perjury, so guessing a birth date or skipping the search undercuts the whole filing and invites the court to demand a bond before judgment.
Where to Get the Form and How to Access It
You download the Military Affidavit directly from the state at the official Military Affidavit PDF, and you can review the matching Land Court forms page for the Complaint and Order of Notice that travel with it. The form is the statewide Trial Court version, dated by its most recent revision on Mass.gov, so confirm you are using the current copy before you write anything on it. The companion instructions were last updated December 5, 2025, which is a good signal you have the live version.
The form is free. You may print it and fill it by hand in dark ink, or type into the fillable PDF and then print and sign it. The Land Court does not require a special color or paper, but it must be legible because an unreadable affidavit gets treated as incomplete.
If you are a self-represented filer, the state also posts plain-language instructions for self-represented litigants and translations in Spanish, Portuguese, Haitian Creole, Chinese, Vietnamese, and more. Keep the instruction sheet next to you while you work, because it mirrors the order of the boxes on the page.
Step-by-Step: How to Fill Out the Military Affidavit Line by Line
Work through the form from top to bottom, left to right. Each box below is one field on the page. Use the exact labels printed on the form, and italics below show sample entries the way they would actually appear on the paper.
Docket Number
This field asks for the court’s case number for your matter. You write the assigned number in the box at the top of the form, using the Land Court’s format. A bank attorney filing a routine foreclosure-clearing case writes 15 SM 000123 here.
If this is a brand-new case, you may not have a number yet, so you leave it blank and the clerk assigns one when the complaint is presented. Add the number to later copies once you have it. The common mistake is inventing or misreading the number, which detaches your affidavit from the docket and leaves it unmatched in the file. People wrongly believe the docket number and the property address are interchangeable; they are not, and only the assigned case number belongs in this box.
Case Name
This field asks who the case is between. You write the plaintiff’s name, then v., then the defendant’s name, exactly as they appear on the complaint. For a lender clearing the path to foreclose, the entry reads Riverside Bank, N.A. v. James T. Carter.
If the matter is about a guardianship or name change rather than a lender suing a borrower, you write the name of the person the case is about. The frequent error is flipping the parties, which makes it look like the defendant sued the bank and confuses service. A common misconception is that nicknames or trade names are fine here; the court wants full legal names so the affidavit lines up with the recorded documents.
Court Department (Select Only One)
This field asks which Massachusetts court holds your case. You check exactly one box, and for a Servicemembers case you check Land Court. Attorney Dana Brooks, filing before a foreclosure, marks the Land Court box and leaves the others blank.
The form lists Boston Municipal Court, District Court, Housing Court, Juvenile Court, Land Court, Probate & Family Court, and Superior Court. The edge case trips people who also have a related eviction; that Housing Court matter is separate, and on this affidavit you still check only Land Court. The mistake is checking two boxes, which makes the affidavit ambiguous and can get it returned. Many filers wrongly think leaving this blank is harmless, but an unmarked court box leaves the clerk guessing where the affidavit belongs.
Affiant Name (the “I, ___” Line)
This field asks who is swearing to the statement. The form reads “Under the Servicemembers Civil Relief Act, 50 U.S.C. § 3931, I, ___, have signed below,” and you print your own full legal name in the blank. An attorney writes Dana R. Brooks; a self-represented plaintiff writes her own name, such as Maria Lopez.
You must be a real person with knowledge, not a company, so a bank cannot “sign” — its representative does. The edge case is a paralegal preparing the form; the person who actually conducted or reviewed the search must be the one named and signing. The mistake is leaving this blank or naming the firm, which makes the oath meaningless. People wrongly believe any office staffer can sign; the affiant must have personal knowledge of the facts stated.
Paragraph 1 — Military Status of the Parties (Boxes 1–4)
This section asks you to classify each party’s military status by checking one or more of four boxes and writing the matching names. You begin paragraph 1 with the “As of” date, where you write the date you completed the search or filled out the form, such as 05/15/2026. Then you handle each sub-box in turn and skip any that do not apply.
Box 1 is for parties who are in military service under the SCRA; check it and list those names. Box 2 is for parties who are not in military service; check it and list them, which is the usual box in a foreclosure where the borrower is a civilian, for example James T. Carter. Box 3 is for parties who have concluded military service, and here you must also write the exact end date, such as Discharged 02/10/2025. Box 4 is the “unable to determine” box, and checking it triggers 50 U.S.C. § 3931(b)(3), meaning the court may require you to post a bond before it enters judgment.
The edge case is a borrower who is a National Guard member on a qualifying assignment; that person counts as in service, so Box 1 applies even though they are not full-time active duty. The mistake is checking Box 2 (“not in service”) without any search or facts to back it, which the court can reject outright. A widespread misconception is that Box 4 is a safe catch-all; in truth, checking it invites a bond requirement and slows your case, so use it only when you genuinely cannot find out.
Paragraph 2 — Facts Supporting the Affidavit (Choice A or B)
This section asks how you know the military status you just claimed, and it is mandatory — you must check either A or B. You cannot leave both blank, because the court needs the basis for your oath. This is where filers prove they did the work.
Choice A states that you used the official SCRA verification website to determine status, and it requires you to attach the printed results, called the Status Report from the Department of Defense Manpower Data Center. To use that site you create an account and enter each party’s date of birth or Social Security number, then download the report. Attorney Brooks checks A, writes that results are attached, and staples the DOD report behind the affidavit.
Choice B states that you did not use the website, and it requires you to write specific facts that show how you know the status — for example, direct communication with the party or a written reply from a service branch headquarters, which you should attach. The edge case is mixed parties: if you searched one defendant online but learned another’s status by letter, describe both. The mistake is checking A but forgetting to attach the report, which guts the affidavit since the report is the proof. The misconception is that a quick phone call alone satisfies B; the court wants concrete, written, attachable facts, not a vague recollection.
Signature
This field is your sworn signature. You sign your own name in ink on the signature line, directly under the words “Subscribed and certified or declared to be true under penalty of perjury.” Maria Lopez signs Maria Lopez by hand.
The signature must match the affiant name printed above; a stamp or someone else signing for you breaks the oath. The edge case is electronic filing systems that accept a typed “/s/ Name,” which is allowed only where the court permits it. The mistake is filing an unsigned affidavit, which the clerk cannot accept and will return. People wrongly think a notary must witness this form; the SCRA affidavit is signed under the pains and penalties of perjury, so a separate notarization is not what makes it valid.
Dated
This field asks for the date you sign. You write today’s date in MM/DD/YYYY format, such as 05/29/2026. This date should be on or after the “As of” search date in paragraph 1.
If the signing date drifts more than about three months from filing, the court may ask you to redo the form, so sign close to filing. The edge case is preparing the form early; do not backdate or postdate it, because the date must reflect when you actually signed. The mistake is leaving the date blank, which makes it impossible to judge whether the search is current. A common misconception is that the “As of” date and the signing date must be identical; they can differ slightly, but the signing date should not come before the search.
Print Name, Address, Phone, and Email
This field collects your contact details so the court can reach you. You print your first and last name, full mailing address, phone number, and email if you have one. A self-represented filer writes Maria Lopez, 88 Elm Street, Worcester, MA 01605, (508) 555-0147, mlopez@email.com.
Use an address where you reliably get mail, because the Land Court mails the Attested Order of Notice and instructions back to you. The edge case is a P.O. Box; it is acceptable for mail, but list it accurately. The mistake is an outdated address, which means court packets get lost and your case stalls. People wrongly skip the email line as optional clutter, but providing it speeds court contact.
BBO Number (for Attorneys)
This field asks for an attorney’s Board of Bar Overseers registration number. If a lawyer signs the affidavit, the lawyer enters their BBO number, such as BBO# 654321. This identifies the attorney of record.
If you are not a lawyer, you leave this blank, and the form expressly says self-represented filers may do so. The edge case is a law firm with several attorneys; the BBO number must belong to the individual who signed, not the firm. The mistake is a non-lawyer inventing a number to look official, which is improper. The misconception is that a missing BBO number invalidates the form; for a self-represented person, an empty box is correct and expected.
Three Filled-Out Examples Using Real Scenarios
Below are three common fact patterns, each following one named filer through the affidavit. The left column is the form section; the right column is what that person writes.
Scenario 1: Bank attorney clearing a routine foreclosure on a civilian borrower
| Form Section | What Attorney Dana Brooks Enters |
|---|---|
| Docket Number | 15 SM 000123 |
| Case Name | Riverside Bank, N.A. v. James T. Carter |
| Court Department | Checks Land Court |
| Affiant Name (“I, ___”) | Dana R. Brooks |
| Paragraph 1 “As of” date | 05/15/2026 |
| Paragraph 1 box checked | Box 2 — not in service: James T. Carter |
| Paragraph 2 choice | A — used SCRA website, DOD report attached |
| Signature / Dated | Dana R. Brooks / 05/15/2026 |
| BBO Number | BBO# 654321 |
Scenario 2: Plaintiff facing an active-duty servicemember defendant
| Form Section | What Filer Susan Patel Enters |
|---|---|
| Docket Number | 16 SM 004210 |
| Case Name | Coastal Mortgage LLC v. Robert E. Hayes |
| Court Department | Checks Land Court |
| Affiant Name (“I, ___”) | Susan Patel |
| Paragraph 1 “As of” date | 04/30/2026 |
| Paragraph 1 box checked | Box 1 — in service: Robert E. Hayes |
| Paragraph 2 choice | A — DOD Status Report confirms active duty, attached |
| Signature / Dated | Susan Patel / 04/30/2026 |
| BBO Number | Left blank (self-represented) |
Scenario 3: Self-represented filer who cannot determine a defendant’s status
| Form Section | What Filer Maria Lopez Enters |
|---|---|
| Docket Number | Left blank (new case, no number yet) |
| Case Name | Maria Lopez v. Daniel Reed |
| Court Department | Checks Land Court |
| Affiant Name (“I, ___”) | Maria Lopez |
| Paragraph 1 “As of” date | 05/20/2026 |
| Paragraph 1 box checked | Box 4 — unable to determine: Daniel Reed |
| Paragraph 2 choice | B — no website used; describes letter sent to service branch, reply attached |
| Signature / Dated | Maria Lopez / 05/20/2026 |
| BBO Number | Left blank (self-represented) |
Across these examples you can see how the same page changes with the facts. Marcus, a different filer not shown above, once checked Box 4 to be cautious and was ordered to post a bond, a reminder that the “unable to determine” box carries a real cost.
How to File the Completed Form
In a Land Court Servicemembers case, the affidavit travels with the Complaint and the Order of Notice set, and you file through the court’s process described on the Servicemembers Civil Relief Act filing page. The attorney or plaintiff completes the Land Court Complaint form and two Order of Notice sets, leaving the return date and issuing date blank for the court to fill. The Complaint and Order of Notice must be mirror images of each other — the same information on each, no more and no less.
You can file through two channels:
- In person at the front counter. Bring the Complaint, the affidavit, the two Order of Notice sets, and a check for $255.00 made out to the Land Court, to 3 Pemberton Square, Boston, MA 02108. The clerk assigns a case number on the spot, and you keep your date-stamped copies as proof of filing.
- By mail. Send the same packet and the $255 check to the same address, and include a self-addressed stamped envelope, which the court requires for every new complaint and request. Accepted payment is a check payable to the Land Court; the court mails back an Attested Order of Notice with an instruction sheet.
After the court issues the Attested Order of Notice for recording, the instruction sheet tells you to make copies for publishing, service, and your return for judgment. When you request additional service — to record, to publish, or to serve by certified mail or deputy sheriff — send a completed two-set Order of Notice packet, and ask the court to cancel prior notices if you are redoing all three steps. For questions, the Land Court Recorder’s Office answers at (617) 788-7470.
What Happens After You File
Once the court has your Complaint, affidavit, and fee, it assigns a case number such as 15 SM 000123 and issues the Order of Notice. You then complete service and, where required, publication, so the borrower learns of the case and has a deadline to respond and assert any SCRA rights, as outlined in this practitioner FAQ on Servicemembers notices.
If the defendant does not appear, you file your return of service and request judgment, and the court reviews your military affidavit before entering any default. If your affidavit shows the borrower is not in service and the proof is attached, the court can enter judgment that the SCRA does not bar foreclosure. If the affidavit shows active service or that status is unknown, the court can pause, appoint an attorney for the absent servicemember, or require a bond under 50 U.S.C. § 3931(b)(3).
The outcome is not a foreclosure order; it is a ruling on military status that lets the lender proceed outside court. A judgment built on a defective or false affidavit can be reopened later, so the after-filing stage is where careful work earlier pays off.
Mistakes to Avoid When Filling Out the Form
Each error below has cost real filers time or judgments. Read them before you sign.
- Checking Box 2 with no search or facts. The court can reject the affidavit because nothing supports the claim of non-service.
- Checking A but not attaching the DOD report. The affidavit loses its only proof and is treated as incomplete.
- Using Box 4 out of caution. It triggers a possible bond requirement and delays your judgment.
- Inventing or misreading the docket number. Your affidavit detaches from the case file and sits unmatched.
- Flipping the plaintiff and defendant in the case name. Service and notice get confused and the filing may be returned.
- Leaving the Court Department box blank. The clerk cannot confirm the affidavit belongs in Land Court.
- Naming a company instead of a person as affiant. The oath is invalid because a company cannot have personal knowledge.
- Forgetting the self-addressed stamped envelope. The court cannot mail your Order of Notice back, stalling the case.
- Skipping the Mortgagee’s Affidavit under § 35A. The Land Court will not accept the Servicemembers filing at all.
- Signing an old affidavit. A form older than about three months is treated as stale and must be redone.
- Backdating the signature. It misrepresents when you swore the facts and undermines the oath.
- Wrong fee amount. A check that is not $255 made out to the Land Court can delay case opening.
Do’s and Don’ts
Do:
- Do run the official SCRA search for every defendant, because the attached report is the strongest proof of status.
- Do print full legal names, since the affidavit must match the recorded mortgage and the complaint.
- Do sign close to your filing date, because a fresh affidavit avoids a redo for staleness.
- Do attach every supporting document, as the report or military letter is what backs your oath.
- Do include a self-addressed stamped envelope, because the court requires it to mail documents back to you.
- Do keep date-stamped copies, since they are your proof of filing if questions arise.
Don’t:
- Don’t guess a defendant’s status, because a false statement is sworn under penalty of perjury.
- Don’t check more than one Court Department box, since that makes the affidavit ambiguous.
- Don’t leave Paragraph 2 blank, because choosing A or B is mandatory.
- Don’t reuse a months-old affidavit, as the court treats it as out of date.
- Don’t let a non-lawyer enter a BBO number, because that field is for attorneys only.
- Don’t mail the packet without the $255 check, since the court will not open the case.
Filing on Your Own vs. With an Attorney
Many lenders use counsel, but self-represented plaintiffs do file these too. The table weighs the trade-offs.
Pros of filing on your own:
- Lower cost, because you avoid attorney fees on a routine status check.
- Direct control, since you handle the search and paperwork yourself.
- Speed for simple cases, where a civilian borrower’s status is easy to confirm.
- Learning the process, which helps if you have repeat filings.
- Free state instructions, available in plain language and several languages.
Cons of filing on your own:
- Easy to miss the § 35A affidavit, which gets the whole filing rejected.
- Search errors, since the DOD database needs an exact birth date or SSN.
- Bond risk, if you mishandle Box 4 and the court demands security.
- Service and publication rules are technical, and missteps reset the clock.
- A defective affidavit can void a later judgment, a costly result an attorney helps prevent.
How the Military Affidavit Compares to the Land Court Complaint
These two documents travel together but do different jobs. The table makes the split clear.
| Military Affidavit | Land Court Complaint |
|---|---|
| Swears to each party’s military status under 50 U.S.C. § 3931 | Opens the Servicemembers case and names the parties and property |
| Requires an attached DOD Status Report or supporting facts | Pairs with the Order of Notice as a mirror image set |
| Signed under penalty of perjury by a person with knowledge | Completed by the plaintiff or attorney, with return date left blank |
| Can trigger a bond if status is unknown | Carries the $255 filing fee that opens the case |
FAQs
Do I file this if my borrower is clearly a civilian?
Yes. The court still requires the affidavit confirming the party is not in military service, with your search or facts attached, before it will enter a default judgment.
Is the Servicemembers case the same as a foreclosure?
No. It is a court check on military status; Massachusetts foreclosures generally happen outside court, and this ruling only clears the SCRA path.
Do I have to attach the DOD search results if I check box A?
Yes. Choice A requires you to attach the printed Status Report from the Department of Defense Manpower Data Center as your proof.
Can I skip Paragraph 2 if I already checked a box in Paragraph 1?
No. Paragraph 2 is mandatory; you must check either A or B to state how you know the military status.
Do I write the bank’s name on the “I, ___” affiant line?
No. A person with knowledge signs, so write the individual’s name, never the company or firm, on that line.
Should I check Box 4 to be safe if I am unsure?
No. Box 4 invites a bond under § 3931(b)(3) and delays judgment; use it only when you truly cannot determine status.
Do I need a notary for this affidavit?
No. You sign it under the penalties of perjury, which makes it valid without a separate notarization.
Is the $255 fee for the affidavit itself?
No. The $255 check made out to the Land Court opens the Servicemembers case; the affidavit is filed within that case.
Do I leave the BBO number blank if I am not a lawyer?
Yes. The form expressly allows self-represented filers to leave the BBO field empty.
Can I reuse an affidavit I signed last year?
No. The court treats a form older than about three months as stale, so you must fill out a fresh one.
Do I still need a self-addressed stamped envelope when filing by mail?
Yes. Every new complaint and request in the Servicemembers process must include a self-addressed stamped envelope.
Should the Complaint and Order of Notice match exactly?
Yes. They must be mirror images of each other, carrying the same information with no more and no less.
Do I include the Mortgagee’s Affidavit under § 35A?
Yes. The Land Court will not accept a Servicemembers filing unless the Mortgagee’s Affidavit under MGL c.244, § 35A accompanies it.
Related reading
- How to Fill Out Michigan Form DC 104 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form CJD 308 (w/Examples) + FAQs
- How to Fill Out Massachusetts Form MPC 260 (w/Examples) + FAQs
- How to Fill Out the Massachusetts Land Court Foreclosure Complaint + 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
- How to Fill Out Massachusetts Form 1 (w/Examples) + FAQs