Affidavit of Service / Return of Service
The sworn statement by the process server confirming personal or substituted service of the foreclosure complaint.
An Affidavit of Service (also called Return of Service or Proof of Service) is the sworn statement by the process server confirming that the foreclosure Summons and Complaint were properly served on the defendant. In judicial foreclosure, the court needs proof that the defendant was served with process — without proper service, the court lacks personal jurisdiction and any judgment is void. The affidavit must specify: the documents served (Summons, Complaint, Lis Pendens), the date and time of service, the manner of service (personal delivery, substituted service at the dwelling with a person of suitable age and discretion, or service by publication), the person served (name and description), and the process server's license/registration number. Defects in service — sewer service (process server throws the papers in the sewer and lies), service on the wrong person, service at the wrong address, or improper substituted service — are grounds to vacate a default judgment and dismiss the foreclosure.
Purpose
- 1Prove that the defendant was served with process in accordance with state law
- 2Establish personal jurisdiction over the defendant
- 3Document the date, time, and manner of service for the court record
Who Prepares It
A licensed/certified process server (or the Sheriff's office) prepares the Affidavit of Service and files it with the court.
When It Is Used
Filed in every judicial foreclosure after service of the Summons and Complaint. Filed before the court can enter a default judgment (to prove jurisdiction).
Legal Effect
The Affidavit of Service is prima facie evidence of proper service (creates a presumption). A defendant can challenge service through a Motion to Vacate Default Judgment, asserting improper service and lack of personal jurisdiction. If the court finds service was improper, the default judgment is void and the foreclosure must be re-filed (or the defendant can defend on the merits). Sewer service — deliberate failure to serve combined with a false affidavit — is fraud on the court.
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 Mailing / Certificate of Service
The sworn statement confirming that the required notices were mailed — non-compliance with mailing requirements can void a foreclosure.
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 is 'sewer service' and what can I do about it?▼
Sewer service is when a process server claims to have served you (or someone at your home) but actually threw the papers away or falsified the affidavit. It was widespread during the foreclosure crisis. If a default judgment was entered against you and you were never served: (1) immediately file a Motion to Vacate Default Judgment, (2) provide evidence you were never served (testimony, proof you were at work/home elsewhere at the time alleged, description of the person allegedly served does not match anyone in your household), (3) seek an order dismissing the foreclosure for lack of jurisdiction, and (4) consider filing a complaint against the process server's license.
Get Your Free Full Case Review
Tell us about your situation — our senior legal team will review every detail and contact you within 24 hours with a tailored plan. No obligation. 100% confidential.
Submit Your Information
Tell us about your situation in complete confidence.
Case Analysis
Our legal team reviews your documents and foreclosure status.
Receive Your Strategy
We outline your best options and recommended path forward.
We Get to Work
Your dedicated team begins protecting your home and rights.
Ready to Protect Your Home?
Every day matters when facing foreclosure. Get your free, confidential consultation and learn your options — no obligation.
Available Monday–Friday · 10:00 AM – 6:00 PM Pacific