South Dakota Relief from Stay Upon Affidavit of Default is a legal process that is used to regain possession of a property that has been foreclosed upon due to the borrower's default on a loan. This process is initiated when the lender submits an affidavit of default to the court, which states that the borrower has failed to make payments on the loan and is in default. Once the affidavit is filed, the court will issue a stay, which prevents any further action from taking place on the property until the matter is resolved. There are two types of South Dakota Relief from Stay Upon Affidavit of Default: an Order of Sale and a Motion to Set Aside Default. An Order of Sale is issued by the court and orders the foreclosure sale of the property, with the proceeds being used to pay off the loan. A Motion to Set Aside Default is a request made by the borrower to have the default ruling reversed, allowing them to continue making payments on the loan. Both processes involve the filing of additional documents, such as an Affidavit of Default and a Motion to Set Aside Default. The borrower must also provide evidence to support their claim, such as proof of payment, a loan modification plan, or other proof of their financial situation. Once the court reviews the evidence and makes a decision, it can either grant the relief from stay or deny it. If the motion is granted, the borrower can regain possession of the property and continue making payments on the loan.