Summary of South Dakota's Foreclosure Laws

If you are facing foreclosure in South Dakota, it’s important to understand some of the basics, including:

  • the most common type of foreclosure procedure (judicial v. nonjudicial) used in South Dakota
  • how much time you have to respond
  • your rights and protections in the process, and
  • what happens afterwards (for example, whether you’ll be liable for a  deficiency judgment).

Below we have outlined some of the most important features of South Dakota foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive  Foreclosure  section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and  options to avoid foreclosure.


State Rule

Most common type of foreclosure process

Nonjudicial under power of sale in a mortgage (but borrower may choose judicial foreclosure)

Notice of the foreclosure

Foreclosing party must publish notice of sale in a newspaper once a week for four weeks and must serve borrower with written notice (including statement telling borrower of the right to insist on judicial foreclosure) at least 21 days before sale.

Reinstatement of loan before sale

Not available in a nonjudicial foreclosure (unless allowed by the mortgage contract)

Redemption after sale

Available for one year after the sale unless mortgage is a short-term redemption mortgage, which provides a 180-day redemption period. S.D. Cod. Laws Ann. §  21-52-11

Special protections for foreclosures involving high-cost mortgages


Special state protections for service members

State law extends legal protections under the federal Servicemembers Civil Relief Act to members of the South Dakota National Guard ordered to active duty service by the Governor or the President of the United States. S.D. Cod. Laws Ann. §  33A-2-9

Deficiency judgments

Allowed, but if mortgage holder buys property at foreclosure sale, amount of deficiency is limited to difference between house’s actual market value at time of sale and amount owed on mortgage

Cash exempted in bankruptcy

$5,000 for one person, $7,000 for a married couple

Notice to leave after house is sold

If the foreclosed homeowner doesn't leave the home after the redemption period, the purchaser must give a three-day notice to quit (leave) before initiating an eviction action

Foreclosure statutes

S.D. Cod. Laws Ann. § §  21-48-1 to 21-48-26, 21-47-1 to 21-47-25

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