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South Dakota · Understand the process

How long does foreclosure take in South Dakota?

A South Dakota foreclosure by advertisement can reach a sheriff's sale about five to six months after your first missed payment: the federal 120-day wait plus four weeks of published notice. After the sale you keep the home for a redemption period of one year, or 180 days with a 180-day redemption mortgage. A court foreclosure takes longer, and these are minimums, not predictions.

The short answer: 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.

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.

The foreclosure timeline in South Dakota, phase by phase

  1. Missed payments

    Day 1 to 120

    Your servicer generally cannot start foreclosure until you are more than 120 days behind. Apply for help during this time.

    12 C.F.R. § 1024.41(f)

  2. Acceleration notice

    20 days, if your 180-day redemption mortgage provides for it

    The lender may call the full balance due after 20 days' notice by mail. Other mortgages may set their own notice terms.

    SDCL 21-49-13

  3. Farm and ranch mediation, if it applies

    42 days from the mediation notice, unless extended

    For agricultural land with a debt of $50,000 or more, the creditor cannot start foreclosure until mediation ends or you waive it. Other legal time periods run at the same time.

    SDCL 54-13-10, 54-13-12, 54-13-14

  4. Published notice and service

    4 weeks of publication; served at least 21 days before the sale

    This is the shortest path to a sale. If the lender postpones, it must publish notice of the postponement and keep it running until the new date.

    SDCL 21-48-6, 21-48-6.1, 21-48-11

  5. Court foreclosure, if used

    30 days to answer, then judgment, then published sale notice

    After judgment, a standard court sale is advertised once a week for 4 weeks like an execution sale. For a 180-day redemption mortgage, the sale notice runs at least 2 weeks.

    SDCL 15-6-12(a), 21-47-14, 15-19-8, 21-49-25

  6. Redemption period

    1 year from the sale, or 180 days from recording the certificate

    You keep possession until the period ends. For a 180-day redemption mortgage, a court can cut the period to no less than 60 days if it finds the home abandoned.

    SDCL 21-52-11, 21-49-38, 21-49-13(8), 21-47-13

  7. Deed and eviction

    After redemption ends; 5 days to appear in an eviction case

    The buyer gets the sheriff's deed. If you stay, an eviction case can go to trial on two days' notice after you respond.

    SDCL 21-48-21, 21-16-7, 21-16-8

South Dakota deadlines written into the law

Published notice before a sale by advertisementSDCL 21-48-6Once a week for 4 weeks in a row
Written notice of sale served on youSDCL 21-48-6.1At least 21 days before the sale
Redemption period (standard mortgage)SDCL 21-52-111 year from the sale
Redemption period (180-day redemption mortgage)SDCL 21-49-38180 days from recording of the certificate of sale; 60 days if abandoned
Notice before the whole loan is called due (180-day mortgage)SDCL 21-49-1320 days, if the mortgage so provides
Answer to a foreclosure lawsuitSDCL 15-6-12(a), 21-49-2130 days after service

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.

Common questions in South Dakota

How long is the redemption period in South Dakota?

One year from the date of sale for most mortgages under SDCL 21-52-11. For a 180-day redemption mortgage it is 180 days from the recording of the certificate of sale, or 60 days if the home is abandoned, under SDCL 21-49-38. Check the title of your mortgage to see which applies.

Can a South Dakota redemption period be extended past one year?

Yes, in one way. Under SDCL 21-52-13, if before the year ends you pay the taxes and other sums the buyer paid, the interest due at the sale, a year of interest plus a year in advance, and the foreclosure costs, the period is extended one more year. This does not apply to 180-day redemption mortgages, which cannot go past 180 days. Talk to legal aid before relying on it.

Does moving my South Dakota foreclosure into court change the timeline?

It changes the steps. Under SDCL 21-48-9 the judge orders the lender to stop the advertisement and proceed in circuit court, where you get 30 days to answer and the lender needs a judgment before any sale. No statute read sets how long a court case takes.

Step by step

More on foreclosure in South Dakota

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.

Back to the South Dakota overview

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Sources for this page

  1. SDCL 15-6-12(a), Time for presenting defenses and objections
  2. SDCL Chapter 15-19, Execution sales (notice, return, confirmation, postponement)
  3. SDCL Chapter 21-16, Forcible Entry and Detainer
  4. SDCL Chapter 54-13, Agricultural Mediation
  5. South Dakota Housing, Homebuyer counseling (HERO network of HUD-approved counseling agencies)
  6. SD Law Help
  7. East River Legal Services
  8. Dakota Plains Legal Services
  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