The easiest way to begin your South Dakota mortgage foreclosure recovery is to contact your lender as soon as you are unable to make your payments on time. Lenders want the borrowers to keep their homes because foreclosure is an expensive process on which most lenders end up losing money.

Lenders therefore have an interest in exploring every possible option SD foreclosure laws allow, including forbearance, partial claim, payment modification and payment suspension. However, the fewer payments you are behind, the more options will be open to you.

There are three ways that experts on foreclosure help South Dakota residents keep their homes:

1. Read and respond to any correspondence from your lender. These notices will contain important information on the foreclosure recovery process in South Dakota and pending legal action.

2. Raise money to make a missed payment. You may be able to sell assets such as a second car or jewelry or a household member could take a second job.

3. Avoid foreclosure recovery scams. Many companies claim to be able to stop your foreclosure by charging you for information you could get for free. Others will require you to sign over the title to your house.

Action Steps
The best contacts and resources to help you get it done

Know how South Dakota foreclosure recovery laws will affect you

You should be familiar with at least a summary of South Dakota foreclosure laws before contacting a foreclosure attorney. South Dakota residents should also read their loan documents to know what your lender can do if you can't make your payments.

I recommend: Advantage Mitigation Services summarizes the foreclosure laws in South Dakota and outlines the foreclosure recovery process. ForeclosureS.com provides the contact information for the Attorney General’s Office in South Dakota and links to specific legislation regarding foreclosure in South Dakota.

Get assistance with South Dakota foreclosure recovery information

There are housing counselors and online resources available to help you understand your options, assist you in organizing your finances and negotiate with your lender, if needed.

I recommend: The Home Loan Learning Center offers extensive resources, including an online quiz for assessing your risk of losing your home. The Department of Housing and Urban Development provides contact information for approved housing counselors in South Dakota that are available for free or very low cost.

Retain attorneys with expertise in South Dakota foreclosure laws

If you sign documents, you may need a foreclosure attorney. SD attorneys that do not deal with South Dakota foreclosure law may be able to make a referral.

I recommend: Gary W. Conklin in Sioux Falls has a range of practice areas, including real estate law. Glover & Helsper is in Brookings and includes real estate law in its areas of practice.

Watch out for mortgage recovery scams

The Federal Trade Commission warns that there are plenty of bad guys operating in the foreclosure recovery business who will take your money and provide no service. Some warning signs, according to the FTC: advertising terms like 'guarantee' and '97% success rate', upfront fees before services and company names or websites designed to make you think you're dealing with a government or nonprofit agency.

I recommend: Educate yourself about foreclosure recovery scams through the Federal Trade Commission. The FTC recommends you only seek foreclosure help from government sanctioned counseling agencies like the ones recommended by the U.S. Department of Housing and Urban Development or the federal Making Home Affordable program.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Consider refinancing in your South Dakota foreclosure recovery process if you have some equity in your home. You will normally need at least 10 percent equity for a reasonable chance at refinancing and your odds get better with more equity. However, you don't want to make the common mistake of simply taking out a new loan that will be just as difficult to repay as the original mortgage.
• •  Ask to speak with a manager when you contact your mortgage company as part of your South Dakota foreclosure recovery process. You will need to have some basic information ready, including your loan number, household expenses and recent pay stubs. Be prepared to provide a brief, honest account of your financial circumstances and take notes, especially the contact information of the person to whom you are speaking.