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How to claim foreclosure surplus funds in South Dakota

After a South Dakota sheriff's sale, the sheriff pays the costs and the debt, and any surplus goes to the clerk of the circuit court. In a foreclosure by advertisement, the sheriff must mail you a notice that the surplus was deposited. You claim it through the court, and other lienholders can claim it too.

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

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How to claim surplus funds in South Dakota

  1. Costs and the debt are paid first

    At the sale

    The sale money pays the costs of the sale, the costs taxed in the case, and the debt the court found due. Only what is left is surplus.

    SDCL 21-47-18

  2. Surplus is deposited with the clerk of courts

    After the sale

    After a foreclosure by advertisement, the surplus goes 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.

    SDCL 21-48-16, 21-47-18(4)

  3. Ask the court to release it

    No deadline found

    The money is held subject to the court's order. Contact the clerk of courts in the county where the sale was held to learn how to apply in that case, and bring proof that you were the owner.

    SDCL 21-47-18

  4. Junior lienholders can claim too

    Before the court pays out

    Second mortgage holders and other junior lienholders get the same notice of the deposit and can ask for the money. The court decides who is entitled to it.

    SDCL 21-48-16

  5. Money left unclaimed

    After 3 months

    If no one applies within three months, the court or clerk may put the money in an interest-bearing account for the person entitled to it. Money that is never claimed may later go to the State Treasurer's unclaimed property program, which you can search for free.

    SDCL 21-47-18, 21-48-17

  6. Limits on fees to recover unclaimed money

    For money reported to the State Treasurer

    Fee agreements to recover money reported to the State Treasurer are unenforceable if made within 12 months before it was reported or 24 months after it was turned over, and later agreements over 25 percent must be in writing and signed by you. We found no cap for surplus still with the clerk, so do not sign a fee contract before you call the clerk yourself.

    SDCL 43-41B-36

  7. Surplus after a tax deed sale

    Returned to the prior owner; unclaimed after 180 days goes to the state

    Money left after a property tax deed sale follows different rules. See our South Dakota property tax foreclosure page.

    SDCL 10-25-39

What South Dakota law says about leftover sale money

Surplus after a mortgage foreclosure sale

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

Common questions in South Dakota

Is there a deadline to claim South Dakota sheriff's sale surplus?

We did not find a deadline in the foreclosure statutes. The money stays with the clerk or the court until a judge orders it paid. Still, apply soon, because lienholders may claim it first and old unclaimed money can be turned over to the state.

Will the clerk pay interest on my South Dakota foreclosure surplus?

Maybe. If the surplus sits unclaimed for three months, the court or clerk may put it in an interest-bearing account for the person entitled to it. The law allows this but does not require it.

Can someone charge me a large fee to get my South Dakota surplus?

For money already reported to the State Treasurer, early fee deals are unenforceable and later deals over 25 percent must be in writing and signed by you. We found no limit for surplus still held by the clerk of courts, so ask the clerk yourself first. It costs nothing to call.

Step by step

More on foreclosure in South Dakota

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

Also in South Dakota

Property tax foreclosure Claim surplus funds (this page)

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Sources for this page

  1. SDCL Chapter 10-21: Payment and Receipt of Property Taxes
  2. SDCL Chapter 10-23: Sale of Real Property for Taxes and Assessments
  3. SDCL Chapter 10-24: Redemption from Tax Sales
  4. SDCL Chapter 10-25: Tax Deeds
  5. SDCL 43-31-1: Homestead exempt from sale for taxes (age 70)
  6. SDCL 43-41B-36: Agreements to locate reported property
  7. South Dakota Department of Revenue: Property Tax Relief Programs
  8. South Dakota State Treasurer: Unclaimed Property
  9. SDCL Chapter 21-47, Actions to Foreclose Real Property Mortgages
  10. SDCL Chapter 21-48, Foreclosure of Real Property Mortgage by Advertisement
  11. SDCL Chapter 21-49, Short-Term Redemption Mortgages
  12. SDCL Chapter 21-52, Redemption from Sale on Execution or Foreclosure
  13. South Dakota Housing
  14. SDCL 15-6-12(a), Time for presenting defenses and objections
  15. SDCL Chapter 54-13, Agricultural Mediation