Affidavit Regarding Military Status
(Foreclosure) (OH)

Summary

This Affidavit Regarding Military Status may be filed by a plaintiff/mortgagee in Ohio in that is seeking judgment against the defendant/mortgagor in a foreclosure action. This template contains practical guidance and drafting notes. In Ohio, before a plaintiff in a foreclosure action can obtain a judgment in the case, the plaintiff must file an affidavit stating (1) whether or not the defendant is in the military or (2) that the plaintiff was unable to make such determination. The affidavit is required by 50 U.S.C. § 3931, a portion of the Servicemembers Civil Relief Act (SCRA). If a defendant is in the military, then certain protections contained in SCRA likely apply. Most relevant is 50 U.S.C. § 3931(b)(2), which prohibits the court from entering judgment against that defendant until the court appoints an attorney to represent the defendant, if the defendant has not appeared already through an attorney. For further guidance on the foreclosure process in Ohio see Commercial and Residential Mortgage Foreclosure (OH). For more on the SCRA see Servicemembers Civil Relief Act. For more information, see Real Estate State Law Comparison Tool and First Year Associate Resource Kit: Real Estate.