If a lender pursues a judicial foreclosure of a South Dakota property then the lender must file a lawsuit giving the public notice of the intended foreclosure. Additional public notice terms may be set by the court.
If, however, the loan documents contain a power of sale clause allowing the lender to initiate a foreclosure without judicial involvement then the lender must publish a Notice of Foreclosure and Sale in the local newspaper weekly for four weeks. If the sale is postponed then a Notice of Postponement must be filed in the same newspaper where the Notice of Foreclosure and Sale was published. Individual loan agreements can modify the public notice requirements and if loan agreements contain different terms then the lender must honor those terms.
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