All Laws Decoded

Redemption and Deficiency Judgments in South Dakota

Whether you can buy back your home after a foreclosure sale in South Dakota, and whether the lender can sue for what's still owed.

Short answer: 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

Redemption after the saleYes. 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.
Deficiency judgmentsYes, 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.

More South Dakota foreclosure & homeowner law

FAQ

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.

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.