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How to avoidForeclosure

South Dakota · What this letter means

You got a South Dakota notice that foreclosure surplus was deposited: what it means

When a foreclosure sale by advertisement brings in more than the costs and the debt, the sheriff pays the extra to the clerk of the circuit court and must mail notice of the deposit to you and to junior lienholders. The court decides who gets it. You can ask for it yourself without paying a finder.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

Who sends it
The county sheriff who ran the sale, by mail, right after the surplus is deposited with the clerk
What it starts
Your chance to ask the circuit court to pay the surplus to you; no claim deadline was found in the statutes
Do this first
Call the clerk of courts in the county of the sale and ask how to apply for the surplus in that case

What this notice is in South Dakota

Under SDCL 21-48-16, the officer who conducts a foreclosure sale by advertisement applies the money as SDCL 21-47-18 directs: first the costs and expenses of the sale, then the costs taxed, then the debt. Any surplus is paid to the clerk of the circuit court, who gives a receipt. The sheriff must "forthwith" mail notice of the deposit to the mortgagor and to everyone holding a junior lien.

After a court foreclosure, the surplus is paid into court "for the use of the defendant or the person entitled thereto, subject to the order of the court" (SDCL 21-47-18(4)). The statute does not require a separate mailed notice in that case, so check the sheriff's return of sale, which must show any surplus (SDCL 15-19-20).

What it does and does not mean

  • It does not mean all of the money is yours. Junior lienholders, such as a second mortgage, get the same notice and can claim it too. The court decides who is entitled.
  • It does not mean a check is coming. The money is held subject to the court's order.
  • It does not end your right to redeem. Surplus and redemption are separate. See the sheriff's certificate of sale.
  • You do not need a paid finder to claim it.

The deadlines and how to count them

  • No deadline to claim was found in the foreclosure statutes. Apply soon anyway, because lienholders can claim first.
  • If the surplus stays with the clerk for three months without the rights being decided, the clerk may put it in an interest-bearing certificate of deposit for whoever is entitled (SDCL 21-48-17). In a court foreclosure, the court may direct it be put out at interest after three months (SDCL 21-47-18).
  • Money that is never claimed may later go to the State Treasurer's unclaimed property program.

The South Dakota surplus funds page explains each step.

What to do this week

  • Call or visit the clerk of courts in the county where the sale was held. Give your name as it appears on the mortgage and ask how much was deposited and how to apply in that case.
  • Ask the clerk or the Unified Judicial System's Self Help pages how to file a request to the court for the money.
  • List any second mortgage, home equity line or judgment liens that may claim part of the surplus.
  • Bring proof that you were the owner, such as your deed or the notice of sale.
  • If a lienholder disputes your claim, contact legal aid through SD Law Help.

Scam warnings tied to this notice

  • Expect calls or letters from companies offering to recover your surplus for a share. We found no South Dakota fee cap for surplus still with the clerk of courts, so call the clerk yourself first. It costs nothing.
  • For money already reported to the State Treasurer, fee agreements made too early are unenforceable, and later agreements over 25 percent must be in writing and signed by you (SDCL 43-41B-36).
  • Never sign a power of attorney or an assignment of your claim before you know how much is on deposit.

Common questions

Who holds my South Dakota foreclosure surplus?

The clerk of the circuit court in the county where the sale took place. After a sale by advertisement, SDCL 21-48-16 has the sheriff pay it to the clerk and mail you notice. After a court foreclosure, SDCL 21-47-18 has it paid into court subject to the court's order.

Will a South Dakota second mortgage lender get my surplus?

It may. Junior lienholders get the same notice under SDCL 21-48-16 and can ask for the money, and the court decides who is entitled. Whatever is left after valid claims can be paid to you.

Does South Dakota surplus earn interest while it waits?

It can. If the surplus sits with the clerk for three months without the rights being decided, the clerk may put it in an interest-bearing certificate of deposit for whoever is entitled (SDCL 21-48-17). The law allows this but does not require it.

Other South Dakota letters

Sources

  1. SDCL 21-48-16 (surplus paid to clerk; mailed notice of deposit)
  2. SDCL 21-48-17 (investment of surplus after three months)
  3. SDCL 21-47-18 (application of sale proceeds)
  4. SDCL Chapter 15-19 (sheriff's return of sale)
  5. SDCL 43-41B-36 (agreements to locate reported property)
  6. South Dakota Unified Judicial System: Self Help

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