South Dakota
South Dakota Codified Laws § 21-47-1. Judicial foreclosure state.
Judicial Type
Judicial
Redemption
180 days from the date of sale (S.D. Codified Laws § 21-47-1
Deficiency
Lender may pursue deficiency within the foreclosure action.
Mediation
No mandatory statewide program.
Statute Citation
S.D. Codified Laws §§ 21-47-1 to 21-47-34
Redemption Period
180 days from the date of sale (S.D. Codified Laws § 21-47-16). 1 year for properties over 40 acres.
Deficiency Judgment Rule
Lender may pursue deficiency within the foreclosure action. Deficiency is limited to debt − fair market value. The borrower may request a fair value hearing.
Notice Requirements
Foreclosure complaint served. Sheriff's sale after judgment. Sale notice published and posted. South Dakota uses a traditional judicial foreclosure process.
Mediation Program
No mandatory statewide program.
Key Provisions
- Judicial foreclosure — court decree required
- 180-day redemption period
- Fair value hearing for deficiency
- Sheriff's sale by public auction
Homeowner Protections
- 180-day (6-month) redemption period — better than most states
- Judicial process with full due process
- Fair value limitation on deficiency
Frequently Asked Questions
How long do I have to redeem in South Dakota?+
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