Most South Dakota mortgages contain a power of sale clause which authorizes the lender to foreclose on the property without judicial involvement if the borrower is in default on the mortgage loan. The lender must provide the borrower and the public with the notice that is required by the mortgage agreement or state law and the lender must conduct the foreclosure sale in compliance with the mortgage agreement or state law.
If a South Dakota mortgage does not contain a power of sale clause then the lender has the right to sue the borrower in state court and request that the court issue an order to foreclose that would give the lender the right to conduct a foreclosure sale after proper public notice has been provided.
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