__________________ 

 LET JUDGMENT ISSUE: 

Date

 ______________________________ 
 Gordon H. Piper, Chief Justice 

COMMONWEALTH OF MASSACHUSETTS 

LAND COURT 

DEPARTMENT OF THE TRIAL COURT 

[COUNTY], ss.  

[NAME OF PLAINTIFF(S)],
                          Plaintiff 

v. 

[NAME OF DEFENDANT(S)],  

Defendant

 [Year] SM [Case No.]  

COMPLAINT TO DETERMINE 
MILITARY STATUS 

1.

2.

3.

4.

1.

2.

Your Plaintiff has an interest in a mortgage with the statutory power of sale given by [MORTGAGOR] 
to [MORTGAGEE], dated [DATE], recorded or filed at [NAME OF REGISTRYAND/OR 
REGISTRATION DISTRICT] in Book [], Page [], and/or [DOCUMENT NUMBER/CERTIFICATE 
OF TITLE NUMBER], covering [STREET AND UNIT NUMBER, CONDO NAME AND UNIT 
NUMBER IF APPROPRIATE, CITY/TOWN], and more particularly described in said mortgage. 

No Defendant(s) is/are in the military service within the meaning of the Servicemembers Civil Relief 
Act, 50 U.S.C. c. 50 §3901  (et seq). 

The Plaintiff alleges on information and belief that the Defendant(s) is/are the only person(s) holding  
the equity of redemption of the property covered by the mortgage described in Paragraph 1 of this 
Complaint so far as appears of record in the said Registry of Deeds and as known to your plaintiff. 

The holder of the mortgage seeks to proceed with the foreclosure of said mortgage described in 
Paragraph 1 to protect its interest as secured thereby for breach of the conditions thereof and desires to 
comply with the provisions of the Servicemembers Civil Relief Act. 

Wherefore your plaintiff prays: 

For an order of notice ordering the defendant(s) to appear and answer this complaint if Defendant(s) 
is/are now, or recently have been, in the active military service and claim the benefits of the 
Servicemembers Civil Relief Act. 
For a judgment declaring that the Defendant(s) is/are not entitled to the benefits of the Servicemembers 
Civil Relief Act. 

___________________________________ 
ATTORNEY FOR THE PLAINTIFF 
BBO. # _______________
Date:
1

From the Office of: 

________________________________________________ 

________________________________________________ 

________________________________________________ 

________________________________________________ 

Telephone No. (with extension): _____________________ 

Office File No. (if available): _______________________    

LAND COURT USE ONLY 

Under the provisions of the Servicemembers Civil Relief Act, this cause came on to be heard and 

thereupon, upon consideration thereof, it appearing to the Court that the Defendant(s) is/are not entitled to the 

benefits of said Act, it is hereby  

ORDERED and ADJUDGED that the Defendant(s) is/are not entitled to the benefits of the 

Servicemembers Civil Relief Act, as of ____________________, the date of the allowance of Plaintiff’s motion 

for judgment. 

By the Court ().   

Attest:

(SEAL) 

______________________________ 
Deborah J.  Patterson 
Recorder 

(10-29-18) 

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