Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.
South Dakota Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale — Repossession is a legal document that allows a purchaser of a foreclosed property in South Dakota to file a complaint or petition against the possessor of the property who refuses to vacate after the judicial foreclosure sale. This petition seeks to enforce the purchaser's right to possession of the real property and may also include a claim for damages or other relief. In South Dakota, there are two main types of Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale — Repossession. These are: 1. Complaint for Possession: This type of complaint is filed by the purchaser of the foreclosed property against the possessor who refuses to vacate the premises. The complaint asserts the purchaser's right to immediate possession of the property and seeks a court order requiring the possessor to vacate. It may also include a request for damages caused by the possessor's refusal to leave. 2. Complaint for Possession and Damages: In addition to requesting possession of the property, this type of complaint also seeks monetary damages caused by the possessor's unlawful occupation of the premises. The damages claimed may include rental value, costs of eviction, attorney fees, and any other losses suffered by the purchaser as a result of the possessor's refusal to vacate. When filing either type of complaint, it is crucial to include all relevant details and supporting documentation, such as the foreclosure sale documents, proof of ownership, notices served to the possessor, and any communication between the parties regarding possession or eviction. It is recommended to consult with an experienced attorney to understand the specific requirements and procedures for filing the Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale — Repossession in South Dakota. A skilled attorney can guide purchasers through the legal process, help gather necessary evidence, and advocate for their rights to possession and damages.
