Affidavit of Mailing / Certificate of Service
The sworn statement confirming that the required notices were mailed — non-compliance with mailing requirements can void a foreclosure.
An Affidavit of Mailing (also called Certificate of Service, Affidavit of Service by Mail, or Proof of Mailing) is a sworn statement filed with the court or recorded in the land records certifying that required notices were mailed to the required parties at the required addresses. In foreclosure, multiple notices must be mailed: the pre-acceleration notice (breach letter), the Notice of Default, the Notice of Trustee Sale, the Notice of Foreclosure Complaint (judicial), notice to junior lienholders, notice to tenants, and notice to any other interested parties. The Affidavit of Mailing must specify: the document mailed, the date of mailing, the recipient's name and address, the method of mailing (certified, regular first-class), and proof of mailing (certified mail receipt number, certificate of mailing). Defects in mailing — wrong address, failure to mail to all required parties, mailing by regular mail when certified is required — can be challenged and may void the foreclosure.
Purpose
- 1Certify that required statutory notices were properly mailed to all required recipients
- 2Create a sworn record of compliance with notice requirements for the court record
- 3Provide the borrower with evidence to challenge defective mailing (wrong address, improper method, failure to mail)
Who Prepares It
The foreclosing party's attorney, the Trustee, or an employee of the foreclosure firm prepares and signs the Affidavit of Mailing under penalty of perjury.
When It Is Used
Filed in every foreclosure: after mailing the NOD (non-judicial), after mailing the Notice of Sale, after serving the Complaint (judicial), and after mailing any other required notice under state law.
Legal Effect
The Affidavit creates a rebuttable presumption that the notices were mailed as stated. The homeowner can rebut this presumption by presenting evidence: they never received the notice, the address was wrong, the certified mail receipt is missing or forged, or the affidavit contains demonstrably false statements. If the court finds the mailing was defective, the foreclosure may be dismissed (judicial) or the sale set aside (non-judicial).
Common Mistakes
Homeowner Rights
Other Affidavits & Declarations Documents
Hardship Affidavit (RMA Form 710)
The sworn statement explaining your financial hardship — the single most important document in any loss mitigation application.
Occupancy Affidavit
The sworn statement verifying property occupancy status — owner-occupied, tenant-occupied, or vacant — critical for loss mitigation and foreclosure procedures.
Military Affidavit — SCRA Compliance
The sworn statement confirming whether the homeowner is in active military service — required in ALL foreclosures but frequently flawed.
Affidavit of Service / Return of Service
The sworn statement by the process server confirming personal or substituted service of the foreclosure complaint.
Affidavit of Publication
The sworn statement from the newspaper confirming the legal notice was published — required in publication states for non-judicial foreclosure.
Frequently Asked Questions
What if the affidavit says the notice was mailed but I never received it?▼
The affidavit creates a PRESUMPTION of mailing — it does not prove you received the notice. You can rebut the presumption with evidence: (1) your testimony that you did not receive it, (2) proof that the mailing address was wrong, (3) absence of a certified mail receipt or delivery confirmation in the servicer's records, (4) evidence that other notices at the same time were not received (suggesting systemic mailing failure). The court weighs the evidence. A single missed notice may not void the entire foreclosure, but a pattern of defective notices is grounds to challenge.
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