According to South Dakota’s state laws, an individual must go into default with their mortgage payments before the foreclosure process can begin. In some instances, a lender may not follow through with the appropriate legal processes before threatening with foreclosure which could mean you aren’t at risk of losing your home. There are two ways to challenge or defend against foreclosure and those are:
- Technical Defenses
An example of a technical defense could be that your mortgage holder or lender didn’t supply you with notice that your mortgage was in default. There are certain forms of notice that you are required to be provided with and if the event your lender failed to do so, you could rebut their attempt to place your home in foreclosure.
Credit.com highlights that while a lender may have made a mistake, they could very well “reissue” a default notice or any other notice you claim you never received and that would start the proceedings over again. While this won’t exactly allow you to avoid foreclosure in the state of South Dakota, it may help you buy some time to get your finances together and satisfy your debt.
- Substantive Defenses
This is a more beneficial way to stop your home from going into foreclosure. Some examples of a substantive defense include:
- You never went in default on your mortgage payments and all debts are actually satisfied. Sometimes lenders make mistakes and it is important for you to be able to identify what it is they did wrong. This is also where it helps to have a South Dakota foreclosure lawyer available to assist as they can usually pinpoint where an error was made.
- The owner of the property files for bankruptcy. If you filed for bankruptcy in the state of SD prior to the foreclosure sale, you may be able to keep your home. Bankruptcy generally stops any creditors or lenders from pursuing debtors for the finances owed.
- Another alternative to losing your home to foreclosure is to pay off all your debt owed. If you are able to find a way to satisfy the debt that has accrued and can pay your lender, you very well may be able to keep your home.
Another way you can avoid foreclosure is to hire a foreclosure attorney in South Dakota. Your home is a valuable asset that can never be replaced. Perhaps you grew up in it or raised a family while living there. The fact is, nobody wants to lose their home but not everyone has the financial abilities to pay all the debts that are owed.
One reason why you want to consider hiring a South Dakota foreclosure lawyer is because they can help get you back on track. The professionals featured on our site understand the foreclosure process and what you can do to avoid it. They may be able to negotiate a deal with your lender that could allow you more time get your finances back on track and your home out of foreclosure.
Give us a call today at USAttorneys.com and we will gladly connect you with a foreclosure attorney in your city. Whether you live in Sioux Falls, Rapid City, Aberdeen, or Brookings, we will find an attorney closest to you who can help you with your foreclosure matter.