South Dakota Foreclosure Laws: Process, Timeline and Your Rights
South Dakota foreclosure rules: judicial or non-judicial, required notices, time frames, right to cure, redemption period, deficiency judgments, HOA liens and help for homeowners.
Quick answers for South Dakota
- Judicial or non-judicial
- Both. A mortgage containing a power of sale may be foreclosed "by advertisement" (without a lawsuit), and mortgages may also be foreclosed by court action, with the sale made under a court decree. SDCL §§ 21-48-1, 21-48-9, 21-47-14
- Time frames set by law
- For a foreclosure by advertisement, the statutes set these minimums: publication once a week for four successive weeks, and personal written notice to the homeowner at least 21 days before the sale. SDCL §§ 21-48-6, 21-48-6.1, 21-52-11
- Redemption after the sale
- Yes. Everyone entitled to redeem has one year from the date of the foreclosure sale to redeem, except for a "short-term redemption mortgage," which has a 180-day redemption period. SDCL § 21-52-11
- Deficiency judgments
- Yes, with limits. After a foreclosure by advertisement where the lender buys the property, the lender must prove to the court that the property sold for its true market value or more before getting a deficiency judgment, and the court adjusts the deficiency accordingly. SDCL §§ 21-48-14, 21-47-16
Last verified: 2026-10-27
How foreclosure works
| Judicial or non-judicial | Both. A mortgage containing a power of sale may be foreclosed "by advertisement" (without a lawsuit), and mortgages may also be foreclosed by court action, with the sale made under a court decree. If a lender starts a foreclosure by advertisement, the homeowner, a successor, or anyone with a lien or recorded interest can apply to the court, without stating reasons, to require the lender to foreclose by court action instead. No official page reviewed states which method is most common. |
|---|---|
| Required notices | For a foreclosure by advertisement, the notice of sale must be published at least once a week for four successive weeks in a legal newspaper in the county. It must state the parties, the mortgage date, the amount claimed due, a description of the property, the time and place of sale, a description of the default, that the homeowner can apply for foreclosure by action, and the names and addresses of others with liens or recorded interests. At least 21 days before the sale, the lender must serve a written copy of the notice on the homeowner and any affected lienholders. Sales under a court decree use the same notice as an execution sale. |
| Time frames set by law | For a foreclosure by advertisement, the statutes set these minimums: publication once a week for four successive weeks, and personal written notice to the homeowner at least 21 days before the sale. After the sale, the homeowner generally has a one-year redemption period (180 days for a short-term redemption mortgage). |
After the sale
| Redemption after the sale | Yes. Everyone entitled to redeem has one year from the date of the foreclosure sale to redeem, except for a "short-term redemption mortgage," which has a 180-day redemption period. Source: SDCL § 21-52-11 |
|---|---|
| Deficiency judgments | Yes, with limits. After a foreclosure by advertisement where the lender buys the property, the lender must prove to the court that the property sold for its true market value or more before getting a deficiency judgment, and the court adjusts the deficiency accordingly. In a court foreclosure, a lender unwilling to bid the full debt must prove the property's fair and reasonable value at trial; the court sets a minimum bid, and the lender can collect a remaining deficiency only by applying to the court. Source: SDCL §§ 21-48-14, 21-47-16 |
HOAs, taxes and selling
| Property tax sales | When a tax certificate is sold for unpaid property taxes and the property is not redeemed, the certificate holder may start a proceeding to get a tax deed no sooner than three years after the tax certificate sale (and within six years). The holder must serve a notice of intention to take a tax deed stating that the right of redemption will expire, and a deed will be issued, 60 days after service is completed unless the property is redeemed. Source: SDCL §§ 10-25-1, 10-25-2 |
|---|---|
| Seller disclosure | Yes. A seller of residential real property must give the buyer a completed "Seller's Property Condition Disclosure Statement" in the form set by statute before the buyer makes a written offer, and must give a written amendment if the seller learns of a change in a material fact before closing or possession, whichever comes first. Source: SDCL §§ 43-4-38, 43-4-44 |
Getting help
| Free help for homeowners | South Dakota Housing (the South Dakota Housing Development Authority) refers homeowners facing foreclosure to its HERO network of HUD-approved housing counseling agencies, whose counselors can review options and help homeowners negotiate with their lender. It stresses acting quickly. |
|---|
Foreclosure & Homeowner Law FAQ
Is South Dakota a judicial or non-judicial foreclosure state?
Both. A mortgage containing a power of sale may be foreclosed "by advertisement" (without a lawsuit), and mortgages may also be foreclosed by court action, with the sale made under a court decree. If a lender starts a foreclosure by advertisement, the homeowner, a successor, or anyone with a lien or recorded interest can apply to the court, without stating reasons, to require the lender to foreclose by court action instead.
What notice is required before a foreclosure sale in South Dakota?
For a foreclosure by advertisement, the notice of sale must be published at least once a week for four successive weeks in a legal newspaper in the county. It must state the parties, the mortgage date, the amount claimed due, a description of the property, the time and place of sale, a description of the default, that the homeowner can apply for foreclosure by action, and the names and addresses of others with liens or recorded interests. At least 21 days before the sale, the lender must serve a written copy of the notice on the homeowner and any affected lienholders. Sales under a court decree use the same notice as an execution sale.
How long does foreclosure take in South Dakota?
For a foreclosure by advertisement, the statutes set these minimums: publication once a week for four successive weeks, and personal written notice to the homeowner at least 21 days before the sale. After the sale, the homeowner generally has a one-year redemption period (180 days for a short-term redemption mortgage).
Is there a right of redemption after foreclosure in South Dakota?
Yes. Everyone entitled to redeem has one year from the date of the foreclosure sale to redeem, except for a "short-term redemption mortgage," which has a 180-day redemption period.
Can the lender come after you for the rest of the loan after foreclosure in South Dakota?
Yes, with limits. After a foreclosure by advertisement where the lender buys the property, the lender must prove to the court that the property sold for its true market value or more before getting a deficiency judgment, and the court adjusts the deficiency accordingly. In a court foreclosure, a lender unwilling to bid the full debt must prove the property's fair and reasonable value at trial; the court sets a minimum bid, and the lender can collect a remaining deficiency only by applying to the court.
What must a home seller disclose in South Dakota?
Yes. A seller of residential real property must give the buyer a completed "Seller's Property Condition Disclosure Statement" in the form set by statute before the buyer makes a written offer, and must give a written amendment if the seller learns of a change in a material fact before closing or possession, whichever comes first.
How do you get your home back after a tax sale in South Dakota?
When a tax certificate is sold for unpaid property taxes and the property is not redeemed, the certificate holder may start a proceeding to get a tax deed no sooner than three years after the tax certificate sale (and within six years). The holder must serve a notice of intention to take a tax deed stating that the right of redemption will expire, and a deed will be issued, 60 days after service is completed unless the property is redeemed.
Where can homeowners get free foreclosure help in South Dakota?
South Dakota Housing (the South Dakota Housing Development Authority) refers homeowners facing foreclosure to its HERO network of HUD-approved housing counseling agencies, whose counselors can review options and help homeowners negotiate with their lender. It stresses acting quickly.
Foreclosure & Homeowner Law in other states
More South Dakota law
- South Dakota tenant rights & landlord-tenant law
- South Dakota small claims court
- South Dakota wills, probate & estates
- South Dakota protective & restraining orders
- South Dakota employment law
- South Dakota debt & collections
- South Dakota unemployment benefits
- South Dakota divorce & family law
- South Dakota expungement & criminal records
- South Dakota traffic tickets & dui
- South Dakota personal injury & wrongful death
- South Dakota workers' compensation
- South Dakota consumer protection
- South Dakota starting an llc & small business
- South Dakota bankruptcy
- South Dakota car insurance & vehicle laws
- South Dakota property tax & homestead exemptions
- South Dakota criminal law
- South Dakota gun laws
- Find a lawyer or free legal help in South Dakota
- All South Dakota law guides
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.