Military Affidavit — SCRA Compliance
The sworn statement confirming whether the homeowner is in active military service — required in ALL foreclosures but frequently flawed.
A Military Affidavit (also called SCRA Affidavit, Certificate of Military Service, or Non-Military Affidavit) is a sworn statement by the foreclosing party's attorney or agent confirming whether the defendant/homeowner is in active military service. It is REQUIRED in every foreclosure (judicial and non-judicial) under the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3931. Before a court can enter a default judgment in foreclosure (or a non-judicial sale can proceed), the foreclosing party MUST file a Military Affidavit. The affidavit must: (1) state whether the defendant is in military service, (2) state facts supporting that determination (DMDC search, personal knowledge), or (3) state that the affiant was unable to determine military status after a reasonable investigation. A false or defective Military Affidavit — claiming 'not in military' when the defendant actually IS in military service — is a federal violation. For homeowners who ARE in military service, the SCRA provides powerful protections: mandatory stay of proceedings, 6% interest rate cap, prohibition on default judgment without a court-appointed attorney, and extension of protections for 90 days after service ends.
Purpose
- 1Comply with the SCRA requirement that the court verify military status before entering a default judgment or ordering a sale
- 2Establish the foreclosing party's good-faith determination of the defendant's military status
- 3Protect active-duty service members from being defaulted in a foreclosure without notice and opportunity to defend
Who Prepares It
The foreclosing party's attorney or agent prepares and signs the Military Affidavit. The affiant must have performed a DMDC (Defense Manpower Data Center) search or have personal knowledge of the defendant's military status.
When It Is Used
Filed in every foreclosure: before entry of default judgment in judicial foreclosure, or before recording the NOD/NTS in non-judicial foreclosure. Must be based on a current DMDC search (typically within 30-60 days of filing).
Legal Effect
A proper Military Affidavit is a prerequisite to proceeding with foreclosure. If the defendant is in military service, the court MUST appoint an attorney for them (if they haven't appeared), stay the proceedings for at least 90 days upon application, and the service member may assert SCRA protections. A FALSE affidavit (stating 'not in military' when the defendant is) is a federal violation, may void the foreclosure judgment or sale, and can expose the foreclosing party to liability.
Common Mistakes
Homeowner Rights
Related Mortgage Documents
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.
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 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 I'm in the reserves or National Guard?▼
SCRA protections apply to: active duty (full-time duty), reservists on active duty orders (deployed, annual training of 14+ days), and National Guard members on 'Title 10' federal orders (not state-active duty, unless the state has a companion statute). The SCRA also protects for 90 days after active duty ends. If you receive deployment or activation orders, notify your servicer in writing and provide a copy of the orders. The SCRA provides significant protections beyond just the Military Affidavit.
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