South Dakota foreclosure

The South Dakota foreclosure process can be judicial in which case a lawsuit will have to be filed in court or it can be non-judicial and no lawsuit will have to be filed.

If the lender inserted a power of sale clause in your deed of trust or mortgage, then the non-judicial process will be followed. If not , then the lender will have to file a lawsuit in the court.

Once the lawsuit comes before the judge, the judge will determine how much you need to pay in order to bring the loan current and give you some time to pay it. If you don't pay in the alloted time, the judge will decree that the property be sold at auction. This is known as judicial foreclosure.

If, however, the is a power of sale clause in the mortgage and if the power of sale clause lists the time, place and terms of the sale, then those terms are followed.

However, if the terms are not specified in the power of sale clause, then the non-judicial foreclosure procedure is carried out as follows:

1. For 4 weeks in a row, a notice of sale must be published in a newspaper of the county of the property.


2. 21 days before the sale, a copy of this notice must be served to the borrower and any other lienholders.


3. The auction will occur between the hours of 9:00AM and 5:00PM on the date specified. The sheriff or a deputy will carry it out.