Foreclosure in any aspect is a negative situation. No homeowner will ever want to foreclose their home because of any financial crisis. But if the situation of foreclosure occurs the homeowner should be aware of the procedure of how to stop foreclosure in South Dakota. Facing foreclosure is an awful situation. There are two ways through which the Foreclosure process takes place: Judicial and Non-Judicial. South Dakota allows non-judicial foreclosures. The foreclosure process has to follow state laws.
If you are currently in foreclosure it’s important for you to know, how you can stop foreclosure from taking place. There are various options you can opt for to stop a foreclosure from happening.
What Does Foreclosure Means?
Taking a loan from a bank or a lender to buy a house or property is very common everywhere. Paying back the borrowed amount in the given time duration is also very important. If someone fails to pay back the loan amount, the foreclosure situation is very likely to come into existence. Foreclosure begins after the very first missed payment.
Foreclosure can also happen if the homeowner fails to pay the property tax levied upon them. There are various reasons for falling behind in payments like, financial crisis, medical emergencies, and sudden loss of job.
Introduction to Foreclosure in South Dakota
The foreclosure crisis peaked in 2010. The foreclosure process and mortgage services were heavily supported by state and federal laws after that. In South Dakota, people must sign a promissory note and mortgage when they take a loan to buy property. These documents give people some contractual rights as well.
South Dakota foreclosures most likely give you the right to many benefits. They are:
- Receive notice in the form of a breach letter before foreclosure.
- You can apply for loan mitigation.
- If you are in the military, you will get special protection.
- Get notified about the foreclosure and chance to respond legally.
- Pay off your debt to prevent a foreclosure sale.
- You can redeem the property after the sale.
- Get any excess money after a foreclosure sale.
Key Points About South Dakota Foreclosures
- Primary Security Instrument- Mortgage and Deed of Trust
- Judicial Foreclosure- Yes
- Non-Judicial Foreclosure- Yes
- Right of Redemption- Varies
- Timeline- Typically 90 Days
- Deficiency Judgements Allowed- Varies
Ways to Stop Foreclosure in South Dakota
There are ways of stopping home foreclosures in South Dakota that you need to know. Let’s cover them all:
Declare Bankruptcy
Yes, bankruptcy is a way through which foreclosure can be stopped. But you need to understand the concept of chapter 7 and chapter 13 of bankruptcy.
Chapter 13 bankruptcy in South Dakota: It is a common option to go for to stop foreclosure. According to chapter 13 bankruptcy, you are given a payment plan of 3 or 5 years to catch up with the payment in arrears. The lenders will be given orders to stop going forward with the foreclosure process. They will have to give you time to get back to your payment arrangements.
Chapter 7 bankruptcy in South Dakota: It is a liquidation form of bankruptcy. Unless you want the South Dakota bankruptcy trustee to sell your house, it may be a less common option to pursue. Even though it is the lower-cost bankruptcy option, you still may not want to opt for this option.
You need to understand what your payment plan is. Is your payment plan regarding chapter 13 bankruptcy worth pursuing? For instance: you have $150,000 in arrears on your house and your payment plan is for 5 years / 60 months. Will you be able to pay an additional $2,500 every month to cover your arrears?
Applying for Loan Modification
It has become difficult to fully pay off the mortgage payments. There are many reasons why you can miss out on payments or get late in paying the mortgage. Before this unwanted thing happens, you may go to your lender and find out if they consider a loan modification option.
Reinstating Your Loan
Do you have enough cash to pay off all the loan amount? Approach your lender with a cash offer for the South Dakota home. See if they accept the payment and permit you to continue paying your loan amount without any legal interference. Lenders only want to recover the loan amount and so they will accept your offer.
» Best Mortgage Lenders in South Dakota: Click to know about the best mortgage lenders in South Dakota.
Plan for Repayment
Great! You can make payments again after missing out on some payments. Find out what your lender thinks regarding your repayment plan. In the repayment plan, you are allowed to pay the missed payments slowly along with the current mortgage payments. You can come up with an agreement on the repayment plan to stop foreclosure. According to this, you agree to pay your missed payments along with the normal payments.
Refinancing
Refinancing may be a difficult option to consider. Interest rates are going up only making it difficult to think of loans. You can start with a new lender which means a whole new agreement. There may be one drawback. It might become difficult to qualify for refinancing if your credit score is negatively affected.
» How to Buy a House in South Dakota with Bad Credit: Click here to know how to buy a house with bad credit.
Sell Out Your Home
It’s really sad even to think of selling your house. But it is actually a good option to consider selling your home in South Dakota to avoid foreclosure. You may receive an amount more than the actual price of your home. Perhaps you could even go for buying a home in South Dakota worth more than the one you sold. You can stop something drastic from happening and your credit report will also not get spoilt.
Short Sale
A short sale means that you can sell your home for an amount that is less than the amount you owe. The reason behind this is that sometimes your home is sold for a lesser amount in the auction. The bank/lender is sometimes not able to recover the whole amount they are hoping for. Home staging companies in South Dakota can help you get more than the asking price.
Deed In Lieu of Foreclosure
A deed in lieu of foreclosure takes place when the homeowner transfers the property to the lender. The homeowner hand over the property to the lender, clearing all the debts they owe. The property is then owned by the lender. You have to vacate the property as soon as possible. This way you can easily save yourself from any damage.
Frequently Asked Questions
How long does foreclosure take in South Dakota?
Under South Dakota law, you'll get one year, 180 days, or 60 days to redeem the home after the foreclosure, depending on the circumstances. In general, the borrower gets one year to redeem the home after a foreclosure sale.
How does foreclosure work in South Dakota?
Negotiations can take weeks or months. In South Dakota foreclosures, the lender typically needs to give the homeowner 21 days notice of the foreclosure. The homeowner also has a right to reinstate with judicial foreclosures—pay missed mortgage payments plus fees—before it enters court or is auctioned off.
Is South Dakota a judicial foreclosure state?
If you default on your mortgage payments in South Dakota, the lender may foreclose using a judicial or nonjudicial method.
How long is the statute of limitations in South Dakota?
In South Dakota, the statute of limitations is: Six years for an action based on an express or implied contract (SDCL § 15-2-13(1)). Four years for an action based on a sales contract governed by the Uniform Commercial Code (UCC) (SDCL § 57A-2-725(1)).
Also Read
- How to Stop Foreclosure: Read the blog to know how you can stop foreclosure on your property.
- How to Avoid Foreclosure: Find out the ways by which you can avoid foreclosures so that you don’t have to face the foreclosure situation.
- Who Pays the Closing Costs in South Dakota: Read out the blog to know about the details regarding closing costs in South Dakota.
Recommended
- Can You Sell a House As Is in South Dakota: Read the blog to know the details about selling a house as is in South Dakota.
- Sell My House Fast for Cash: Check out this blog to see how you can sell your house fast for cash.
- South Dakota Cash Home Buyers Reviews: Know about the companies that buy houses for cash in South Dakota.
- Mortgage Loan Preapproval: Click to know about the ways of applying for a mortgage loan.
- Average Cost to Build a Home in South Dakota: Go through the blog to know about the cost of building a house in South Dakota.
