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Foreclosure and tax sales in South Dakota

What our research shows about South Dakota's rules. General information with sources — not legal advice, and not a reading of your papers.

BasicThe essentials, each with its source. General deadlines only.Research last reviewed 2026-09-22

Your state

How foreclosure works

Usual process: Nonjudicial (out of court)
You can force a nonjudicial foreclosure into court by applying to the circuit court.
From a reputable summary[2]
Allowed processes: Judicial (through court) · Nonjudicial (out of court)
From a reputable summary[1]
Main statutes: S.D. Codified Laws § 21-48-6; S.D. Codified Laws § 21-48-6.1; S.D. Codified Laws § 21-48-9; S.D. Codified Laws § 21-52-11; S.D. Codified Laws § 21-48-14
From a reputable summary[1]
Typical length (estimate): Not researched yet for this state.

+At least 120 days
Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind
Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.
Checked against the official text12 CFR § 1024.41(f)(1)
Notice of sale — at least 21 days before the sale
The notice of sale is served at least 21 days before the sale and published once a week for four weeks.
From a reputable summary
+At least 21 days
Foreclosure sale
From a reputable summary
+At least 180 days
Redemption window (at least 180 days in the shortest common case)
Generally one year after the sale; 180 days for a short-term redemption mortgage; can be cut to 60 days if abandoned.
From a reputable summary

A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.

Notice before foreclosure: Not researched yet for this state.
Notice of sale: At least 21 daysThe notice of sale is served at least 21 days before the sale and published once a week for four weeks.
S.D. Codified Laws §§ 21-48-6, 21-48-6.1
From a reputable summary[1]
Publication: Newspaper once a week for four weeks.
From a reputable summary[1]
When sales happen: Not researched yet for this state.

Catching up (reinstatement): Nonjudicial: no statutory right. Judicial: reinstating before judgment dismisses the case; after judgment it stays the sale.
S.D. Codified Laws §§ 21-47-8, 21-47-10
From a reputable summary[1]
Buying the home back (redemption): YesGenerally one year after the sale; 180 days for a short-term redemption mortgage; can be cut to 60 days if abandoned.
S.D. Codified Laws §§ 21-52-11, 21-49-30
From a reputable summary[1][2]
Owing money after the sale (deficiency): LimitedAllowed; if the lender bought the home, limited by fair market value.
S.D. Codified Laws § 21-48-14
From a reputable summary[1]
Mediation: Not researched yet for this state.

Tax sale system: Tax lien certificate sale
Where the county allows it, the lien is auctioned to the bidder offering the lowest interest rate; otherwise the county keeps the certificate.
From a reputable summary[3]
How it works: Notice by mail at least 14 days before the sale, plus publication.
From a reputable summary[3]
Redeeming after a tax sale: Three years after the certificate sale, plus 60 days after personal service of the notice of intent to take a tax deed.
S.D. Codified Laws §§ 10-25-1, 10-25-2, 10-25-8
From a reputable summary[3]
Relief programs: Not researched yet for this state.
Payment plans: Not researched yet for this state.
Surplus after a tax sale: Not researched yet for this state.

Federal exemption list: State list only (opted out)
This state has opted out: in bankruptcy you use the state exemption list (plus federal non-bankruptcy exemptions), not the federal § 522(d) list.
From a reputable summary[4]
Homestead exemption: Unlimited (within acreage limits)Unlimited within the acreage limits; capped at $170,000 after age 70.(S.D. Codified Laws §§ 43-45-3, 43-31-4)
From a reputable summary[5]

Free legal aid (LSC-funded): Dakota Plains Legal Services, Inc.
East River Legal Services
Checked against the official text[7]
Legal help website: East River Legal Services
Checked against the official text[8]
State housing agency: South Dakota Housing
Checked against the official text[6]
Attorney general / consumer protection: South Dakota Attorney General — Consumer Protection
Checked against the official text[9]
Court self-help: South Dakota Unified Judicial System
Checked against the official text[10]
HUD-approved housing counselors: HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.

Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.