Escrow & Title
In South Dakota, a 'foreclosure by advertisement' (non-judicial foreclosure) is permitted under the deed of trust law when:
AThe borrower agrees to forgo their redemption rights
BThe deed of trust includes a power of sale clause, permitting the trustee to sell without court action✓ Correct
CThe lender obtains a court order allowing non-judicial process
DThe property is abandoned by the borrower
Explanation
A power of sale clause in a deed of trust authorizes the trustee to sell the property at public auction without judicial proceedings when the borrower defaults, following required notice procedures.
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