Right to redeem for one year after the sale
S.D. Codified Laws § 21-52-11
In plain words
In South Dakota, people entitled to redeem have one year from the sale date to redeem, except for a 180-day “short-term redemption mortgage.”
Who is protected
Former owners and others entitled to redeem South Dakota property after a foreclosure sale.
When it applies
- Only in South Dakota.
- Only after the foreclosure sale.
What you can do
Put the deadline on your calendar
Enter the date on your notice so Techoclaro can count the days and remind you.
Open the toolCheck your mortgage type
See whether your mortgage is a 180-day redemption mortgage.
Deadline: One year after the sale (180 days for short-term redemption mortgages)
Open the toolRead your state guide and find free help
Open the state page for the process, deadlines and legal-aid contacts in your state.
Open the tool
Honest limits
- This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.
The law
- State lawOne-year redemption
S.D. Codified Laws § 21-52-11
What it says: One year from the sale to redeem, except 180-day redemption mortgages.
Read the official texthttps://sdlegislature.gov/api/Statutes/21-52-11.html
Court cases
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Homeowner lostSame topicMilton v. U.S. Bank National Ass'n
Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)
an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced
- Homeowner lostSame topicBFP v. Resolution Trust Corp.
BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)
the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code
Related rights
Right to force the foreclosure into court
S.D. Codified Laws § 21-48-9
If the lender starts a foreclosure by advertisement, you can apply to the court to require a foreclosure by lawsuit instead — you do not have to give a reason. The judge then orders the lender to stop the advertisement process and go through circuit court.
Read this rightThe government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightRenters get at least 90 days' notice after a foreclosure
12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))
If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.
Read this right