A judicial foreclosure proceeding can be initiated at any time after default on a secured obligation or a judgment which constitutes a lien on real property. The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
South Dakota Motion for Satisfaction of Money Judgment by Judicial Sale is a legal document filed by a party seeking the satisfaction of a money judgment that has been entered in their favor. This motion is specifically used when the judgment debtor has failed to satisfy the outstanding debt voluntarily, leading to the necessity of a judicial sale of their property or assets to collect the owed amount. In South Dakota, there are different types of motions for satisfaction of money judgment by judicial sale, depending on the specific circumstances and requirements of the case. Some of these may include: 1. Motion for Judicial Sale: This type of motion requests the court to order the sale of the judgment debtor's property, such as real estate or personal belongings, to satisfy the money judgment. It provides detailed information about the property to be sold, the estimated value, and the proposed method or process for the sale. 2. Motion for Surplus Funds Distribution: In cases where the proceeds from the judicial sale exceed the amount of the money judgment, this motion is filed to request the court's guidance on how to distribute the surplus funds. It outlines the proposed distribution plan among all relevant parties, including the judgment creditor, other lien holders, and any remaining funds to be returned to the judgment debtor. 3. Motion for Exemption from Judicial Sale: This particular motion is filed by the judgment debtor, seeking exemption from having certain property or assets subjected to the judicial sale process. It presents arguments and evidence to support the exemption claim, such as identifying property that is exempt under South Dakota law or proving that the sale would cause undue hardship. 4. Motion to Confirm Sale and Order Deed: Once the judicial sale has taken place, this motion is submitted to request the court's confirmation of the sale and issuance of an order to transfer the property's ownership to the successful bidder. It includes details of the sale, the winning bid, and a proposed order to be signed by the judge. In conclusion, a South Dakota Motion for Satisfaction of Money Judgment by Judicial Sale is a critical legal instrument used to enforce the collection of a money judgment through the sale of the judgment debtor's property. Different types of motions can be filed depending on the specific circumstances, such as requesting a judicial sale, determining surplus funds distribution, seeking exemption from the sale, or confirming the sale and ordering the transfer of property.
