South Dakota foreclosure help

How to avoid foreclosure in South Dakota

South Dakota allows two kinds of foreclosure. A lender can sue in circuit court (foreclosure by action), or, if the mortgage has a power of sale, foreclose by advertisement without a lawsuit. In both, the county sheriff holds the auction. A homeowner can require a foreclosure by advertisement to be moved into court. After the sale there is a redemption period, and you can stay in the home during it.

Ask for help in South Dakota Free HUD counselor: (800) 569-4287

Reviewed against South Dakota law and official sources on October 12, 2026. General information, not legal advice.

South Dakota at a glance
Type of foreclosure: Judicial and nonjudicial
Catch up to stop the sale: Limited
Buy back after the sale: Yes
Owe money after the sale: Limited
Foreclosure mediation: No statewide program

How foreclosure works in South Dakota, step by step

How long it takes: A foreclosure by advertisement needs four weeks of published notice after the federal 120-day wait, so a sale can come about five to six months after the first missed payment. After the sale you keep the home for a redemption period of one year, or 180 days if your mortgage is a 180-day redemption mortgage. These are minimums, not a prediction, and a court foreclosure takes longer.

Missed payments and pre-foreclosure
Federal rules generally bar the servicer from starting foreclosure until you are more than 120 days behind. Ask your servicer for help in writing and talk to a housing counselor or legal aid.
12 C.F.R. § 1024.41(f)
Foreclosure starts: lawsuit or advertisement
The lender either serves you with a summons and complaint in circuit court, or starts publishing a notice of foreclosure sale. Check your mortgage for a power of sale clause and for the words One Hundred Eighty Day Redemption in the title. If you are served with a lawsuit, you have 30 days to serve a written answer.
SDCL 21-47-13, 21-48-1, 21-49-12, 15-6-12(a), 21-49-21
Notice of the sale
In a foreclosure by advertisement the notice must be published once a week for four weeks in a row, and a written copy must be served on you at least 21 days before the sale. In a court foreclosure of a 180-day redemption mortgage, notice is published for at least two weeks.
SDCL 21-48-6, 21-48-6.1, 21-49-25
Move the case into court if you want a judge
If the lender is foreclosing by advertisement, you can apply to the circuit court to require foreclosure by action. You do not have to give reasons. The judge then orders the lender to stop the advertisement process and go through court.
SDCL 21-48-9
Sheriff's sale
The sheriff or a deputy sells the home at public auction in the county between 9 a.m. and 5 p.m. The buyer gets a certificate of sale, not a deed.
SDCL 21-48-10, 21-47-21
Redemption period
You can redeem by paying the sale price plus allowed amounts and interest within one year of the sale. For a 180-day redemption mortgage the period is 180 days from the recording of the certificate of sale, or 60 days if the home is abandoned. Possession is not given to the buyer until the redemption period ends.
SDCL 21-52-11, 21-49-38, 21-47-13
Deed and move-out
If no one redeems, the buyer gets a deed when the redemption period ends and can then take possession.
SDCL 21-48-21, 21-47-24

South Dakota foreclosure deadlines to know

What	How long
Published notice before a sale by advertisementSDCL 21-48-6	Once a week for 4 weeks in a row
Written notice of sale served on youSDCL 21-48-6.1	At least 21 days before the sale
Redemption period (standard mortgage)SDCL 21-52-11	1 year from the sale
Redemption period (180-day redemption mortgage)SDCL 21-49-38	180 days from recording of the certificate of sale; 60 days if abandoned
Notice before the whole loan is called due (180-day mortgage)SDCL 21-49-13	20 days, if the mortgage so provides
Answer to a foreclosure lawsuitSDCL 15-6-12(a), 21-49-21	30 days after service

These are the periods written into the law. Your own dates are on the notices you received. If a notice and this page disagree, trust the notice and ask a counselor or lawyer.

Your rights as a homeowner in South Dakota

Can I stop a foreclosure in South Dakota by catching up on what I owe?

Limited right

In a court foreclosure, the complaint must be dismissed if, before judgment, you pay into court the principal and interest then due plus costs, and the case is paused until a later default if you pay before the sale. We did not find a similar right for a foreclosure by advertisement. A 180-day redemption mortgage may require 20 days' notice before the full balance is called due, and that notice can come with a notice of your right to cure. Ask your servicer for a reinstatement figure in writing.

SDCL 21-47-8, 21-47-10, 21-49-13

Can I get my home back after a foreclosure sale in South Dakota?

Redemption period

South Dakota gives a redemption period after the sale. For a standard mortgage you have one year from the date of sale. For a 180-day redemption mortgage on 40 acres or less, the period is 180 days from the recording of the certificate of sale, or 60 days if the property is abandoned. To redeem you pay the sale price plus taxes, insurance and similar amounts the buyer paid, with interest. You keep possession during the redemption period.

SDCL 21-52-11, 21-52-14, 21-49-38

Can the lender come after me for the remaining balance in South Dakota?

Limited

A court foreclosure counts as full payment of the debt unless the lender proved the fair and reasonable value of the home at trial and the court allowed it to bid less than the debt. After a foreclosure by advertisement where the lender bought the home, the lender cannot get a deficiency judgment unless it first shows the court that the home sold for its true market value or more.

SDCL 21-47-16, 21-47-17, 21-48-14, 21-49-27, 21-49-28

Is there foreclosure mediation in South Dakota?

No statewide program

We did not find a foreclosure mediation or settlement conference program for ordinary home loans in South Dakota. For farms and ranches, a creditor enforcing a debt of $50,000 or more against agricultural land or agricultural property must first request mediation through the state agricultural mediation program, run by the Department of Agriculture and Natural Resources, and cannot start foreclosure until mediation ends or the borrower waives it. The mediation period is 42 days unless extended. Agricultural land means a parcel over 40 acres outside a city used in farming or ranching.

Other South Dakota protections

Right to require a court foreclosure
A homeowner facing foreclosure by advertisement can apply to the circuit court, without giving reasons, and the judge will order the lender to foreclose by court action instead.
SDCL 21-48-9
Possession during redemption
The buyer at a foreclosure sale does not get possession until the redemption period has ended. A 180-day redemption mortgage cannot take away your right to possession during the redemption period.
SDCL 21-47-13, 21-49-12
Fair value rules on deficiencies
A lender that buys the home must show the court it paid fair value before it can collect any remaining balance.
SDCL 21-47-16, 21-48-14
Served notice in addition to newspaper notice
A lender foreclosing by advertisement must serve you with a written copy of the sale notice at least 21 days before the sale.
SDCL 21-48-6.1

South Dakota mortgage assistance programs

SD Cares Homeowner Assistance Program (Homeowner Assistance Fund)

Status unconfirmed

We could not find a current page for South Dakota's Homeowner Assistance Fund program. The program's web address now leads to a page-not-found notice on the South Dakota Housing site, which suggests it has ended, but we found no official closing statement. Call South Dakota Housing to ask what help is available now.

Check the program’s current status

If the home is sold for more than you owe

After a foreclosure by advertisement, any surplus is paid to the clerk of the circuit court, and the sheriff must mail notice of the deposit to you and to junior lienholders. After a court foreclosure, the surplus is paid into court for the person entitled to it. Contact the clerk of courts in the county of the sale to claim it.

SDCL 21-48-16, 21-47-18

Ways to avoid foreclosure

Most of your options come from federal rules and from whoever owns or insures your loan, so they work the same way in South Dakota as anywhere else. What changes by state is how much time you have to use them.

Who to call in South Dakota

Official and nonprofit help. None of these charge homeowners for foreclosure help.

State housing agency
South Dakota Housing
State housing finance agency; ask about current homeowner help and housing counseling.
Free legal aid
SD Law Help
Joint site of South Dakota's three free legal aid programs, with an online application.
Free legal aid
Dakota Plains Legal Services
Free civil legal aid serving western and central South Dakota and tribal communities.
Free legal aid
East River Legal Services
Free civil legal aid serving eastern South Dakota.
Court self-help
South Dakota Unified Judicial System: Self Help
Court self-help information on representing yourself and finding forms.
Attorney general
South Dakota Attorney General: Consumer Protection
Consumer information and scam alerts from the Attorney General.
Attorney general
South Dakota Attorney General: Consumer Complaint Form
File a complaint about a scam or unfair business practice.
Regulator and complaints
South Dakota Division of Banking: Consumer Complaints
State regulator of mortgage lenders and servicers.
Lawyer referral
State Bar of South Dakota: Lawyer Referral
State bar lawyer referral information.

Step by step

South Dakota foreclosure guides, step by step

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

Free, official, nationwide

Free help anywhere in the country

HUD-approved housing counselors
Free foreclosure prevention counseling from agencies approved by the U.S. Department of Housing and Urban Development. A counselor can review your budget and deal with your servicer alongside you.
(800) 569-4287
CFPB: help for struggling homeowners
Plain-language guides from the Consumer Financial Protection Bureau, and a complaint form if your mortgage servicer is not following the rules.
Legal Services Corporation: find legal aid
Find the free civil legal aid office for your county if you have been served with a foreclosure lawsuit or given a sale date and cannot afford a lawyer.

Ask a question

Need help avoiding foreclosure in South Dakota?

Tell us where things stand. A person reads every message and writes back with the options that fit your situation and the free, official help available in South Dakota.

Free. There is nothing to buy and no fee, ever.
No loan number, Social Security number or documents needed.
We are not your lender, a law firm or a government agency.

If a sale is days away, do not wait for an email. Call a free HUD-approved housing counselor now at (800) 569-4287.

Your first name

State where the home is

Phone (optional if you gave an email)

Where are things right now?

Type of mortgage

What do you want most?

Anything else we should know? (optional)For example: a sale date, what your servicer has told you, or what changed in your income. Please do not include your loan number, Social Security number or bank details.

Free, and there is nothing to buy. A person reads your message and replies by email, or by phone if you leave a number. We never ask for a fee and we do not sell your details. See the privacy policy.

Sources for this page

Last reviewed October 12, 2026. Laws and programs change. If you find something out of date, tell us.