In South Dakota the sale comes first, then a full year to buy the home back.
A lender sues in circuit court, or publishes a notice for four weeks and sells with no lawsuit. Either way the sheriff sells the home and you keep it for one year from the day of sale, the time the law gives you to redeem by paying the price plus 10% interest. If you are sued you have 30 days to answer, and a sale by advertisement can be pulled into court on your application.
Not sure what date to put in? Tell us which paper you were sent and we will work the timeline out backwards from it.
Each is a different statute.
When you first fell behind.
Local pace is the variable.
Past steps fade out.
FHA and VA add steps.
A tenant gets 90 days under federal law.
Four dates decide a South Dakota case. Thirty days after you are served, the deadline to answer a foreclosure suit. Twenty-one days before a sale by advertisement, when the written notice must reach you. The day of the sheriff’s sale, which starts the redemption clock. And one year after that sale, the last day to redeem, 180 days if your mortgage carries the 180-day redemption caption.
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Make the call.
Call your mortgage servicer (the number is on your statement) before the next payment is due, or today if you are already behind. Servicers have programs for people who lose a job, get sick or hit a rough patch, but they only start when you ask. A foreclosure costs them money too.
“I’ve had a hardship and I want to keep my home. Please send me a loss mitigation application and tell me every option for my loan.” If your loan is FHA, VA or USDA, ask about that program’s options by name.
Your latest mortgage statement, recent pay stubs or unemployment letter, two months of bank statements, last year’s tax return, and a short hardship letter. Expect a lot of paperwork. Send all of it, because a complete application is what protects you.
Date, time, who you spoke to and what they said. Keep copies and proof of when you sent your papers. A complete application more than 37 days before a sale stops that sale while they decide.
Don’t want to call alone? A free HUD-approved counselor will help: 1-800-569-4287. And if the home is ever sold at auction, ask about surplus funds: money left over after the debt is paid can belong to you, but you usually have to claim it.
What South Dakota gives you
Rights that exist because the property is in South Dakota, whatever a servicer tells you on the phone.
Where to get real help, free
Regional legal aid programs take foreclosure cases at no cost if you qualify by income. Start at LawHelp.org, which lists free legal aid programs state by state.
HUD-approved housing counselors are free in every state — 1-800-569-4287. Some states, courts and counties run foreclosure mediation or counseling programs; ask your servicer or a HUD-approved counselor whether yours does.
Anyone who contacts you first, guarantees they can stop the sale for a fee paid up front, or asks you to sign the deed over is running a scam. Never sign a deed to someone promising to save your home.
Checked against the statutes cited beside each step. Every legal claim on this page is registered with its citation and was checked against official sources and then reviewed again by an independent checker. Dates marked as estimates are estimates. Appellate case law was not independently verified, and laws change, so have a South Dakota foreclosure attorney confirm anything that matters before you act.
Questions people ask about South Dakota foreclosure
Short answers, each one sourced to the statute cited on this page.
How long does foreclosure take in South Dakota?
With no delays or disputes, a South Dakota foreclosure runs roughly 267 days from the first missed payment to the sale. A sale by advertisement is published once a week for four weeks, and the notice must be served on you at least 21 days before the sale. SDCL 21-48-6 and 21-48-6.1.
How long is the South Dakota redemption period?
One year from the date of sale in an ordinary case, and you keep possession while it runs. A mortgage captioned as a 180-day redemption mortgage gets 180 days from the recording of the certificate of sale instead, and if the mortgage includes the abandonment term a court can cut that to no less than 60 days for an abandoned home in a court foreclosure. SDCL 21-52-11, 21-49-13 and 21-49-38.
Can I stop a South Dakota advertisement sale and force a court case?
Yes. You can ask a circuit judge to enjoin the sale by advertisement without stating a reason, and the lender must then foreclose in court. SDCL 21-48-9.
Can a South Dakota lender come after me for the shortfall?
After a sale by advertisement where the lender bought the home, it must first show the property sold for its true market value or more. A court foreclosure satisfies the debt unless the lender proved the home's fair value at trial and the court allowed a lower bid, and even then a deficiency execution issues only on application to the court. SDCL 21-48-14, 21-47-16 and 21-47-17.
How long before South Dakota can take my home for unpaid property taxes?
The county holds a tax certificate sale in December, and the holder can start the tax deed process after three years. Your right to redeem ends 60 days after the notice affidavit is filed. SDCL 10-25-1 and 10-25-8.
Last verified: October 18, 2026. Every deadline and citation on this page was checked against South Dakota law and the federal rules it cites. Laws change during the year, so if something here looks out of date or wrong, tell us and we will check it against the law.