- Who sends it
- The sheriff who ran the sale gives it to the buyer and records it with the county register of deeds
- What it starts
- Your redemption period: 1 year from the sale, or 180 days from recording for a 180-day redemption mortgage
- Do this first
- Get a copy from the register of deeds, note the price and dates, and mark your last day to redeem
What this document is in South Dakota
After a foreclosure sale by advertisement, the officer gives the buyer a certificate of sale. It recites the time and place of the sale, the buyer's name, a description of the property, the price bid for each parcel and the whole price paid. It must be recorded in the register of deeds office where the mortgage is recorded within 10 days of the sale (SDCL 21-48-19).
For a 180-day redemption mortgage foreclosed under chapter 21-49, the certificate must be recorded within 20 days of the sale, and the redemption period starts on the day it is recorded (SDCL 21-49-30).
In a court foreclosure, the sale is made like an execution sale (SDCL 21-47-14). The sheriff must file a written return of the sale with the court within 10 days, listing the price, the costs, and any surplus or deficiency (SDCL 15-19-20). Anyone with an interest can file exceptions within 10 days after that, and the court then confirms or sets aside the sale (SDCL 15-19-21, 15-19-22).
What it does and does not mean
- You still have the right to live in the home. Possession cannot be delivered to the buyer until the redemption period ends (SDCL 21-47-13), and a 180-day redemption mortgage cannot take that right away (SDCL 21-49-12).
- You can keep using the home as before and make needed repairs, but the court can stop waste, meaning damage to the property (SDCL 21-52-2).
- The price on the certificate is the starting point for what it costs to redeem.
- If no one redeems, the sheriff gives the buyer a deed when the period ends (SDCL 21-48-21, 21-49-38). Then the buyer can bring an eviction case.
The deadlines it starts and how to count them
- Standard mortgage: one year from the date of sale (SDCL 21-52-11). Count from the sale date printed on the certificate.
- 180-day redemption mortgage: 180 days from the date the certificate is recorded, or 60 days if the property is abandoned. It can never go past 180 consecutive days from recording (SDCL 21-49-30, 21-49-38). Ask the register of deeds for the recording date.
- One-year extension: for a standard mortgage, 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 (SDCL 21-52-13). This does not apply to 180-day redemption mortgages.
- Owner's final right: the owner has a final right to redeem within 15 days after all other redemption rights end (SDCL 21-52-7). Do not count on this extra time without a lawyer's advice.
- Court sale: exceptions to the sale must be filed within 10 days after the sheriff's return is filed (SDCL 15-19-21).
See after a foreclosure sale in South Dakota for everything that happens next.
What to do this week
- Get a copy of the recorded certificate from the county register of deeds or the sheriff. Write down the sale date, the recording date and the price.
- Mark your last day to redeem on a calendar, and a date one month earlier to have the money ready.
- To redeem, you pay the sheriff or other person who made the sale the purchase price, plus taxes, insurance and payments on a senior lien the buyer made, with interest (SDCL 21-52-14; for a 180-day redemption mortgage, SDCL 21-49-34). Ask the sheriff's office for a written figure.
- Use the time to line up a refinance, a sale of the home, or family help that could fund the redemption.
- Check whether the sale left a surplus. If so, the sheriff must mail you a notice of deposit of surplus.
- Call legal aid through SD Law Help with any question about your dates.
Scam warnings tied to this document
- Recorded certificates are public, so expect offers to buy your redemption rights or your home. Get advice before you sign anything.
- Nobody needs to be paid to tell you your redemption amount. The sheriff's office handles redemption.
- Report pressure or upfront fee demands to the South Dakota Attorney General's Consumer Protection division. See the South Dakota foreclosure help page.
The rest of the South Dakota process
See how foreclosure works in South Dakota, the timeline, ways to stop it and free help in South Dakota, or read the national guide to this letter.
Common questions
How long do I have to redeem after a South Dakota sheriff's sale?
One year from the date of sale for most mortgages (SDCL 21-52-11). For a 180-day redemption mortgage, 180 days from the day the certificate of sale is recorded, or 60 days if the property is abandoned (SDCL 21-49-30, 21-49-38).
Who do I pay to redeem my South Dakota home?
The sheriff or other person appointed to make the sale. You pay the purchase price plus taxes, insurance and senior lien payments the buyer made, with interest (SDCL 21-52-14). Ask for the exact figure in writing well before your deadline.
Can I stay in my South Dakota home after the sheriff's sale?
Yes, through the redemption period. SDCL 21-47-13 bars delivering possession to the buyer until it ends. After that, if no one redeems, the buyer gets a sheriff's deed and can bring an eviction case.
Can I object to a South Dakota court-ordered sale?
In a court foreclosure, the sheriff files a return of sale within 10 days, and any interested party can file exceptions within 10 days after that (SDCL 15-19-20, 15-19-21). The court confirms the sale only if it was made in conformity with the law (SDCL 15-19-22). Talk to a lawyer quickly.
Other South Dakota letters
- Twenty-day notice that the whole debt is due (One Hundred Eighty Day Redemption mortgage)If your mortgage is titled "MORTGAGE--ONE HUNDRED EIGHTY DAY REDEMPTION," it can let the lender call the whole debt due after a default on 20 days' notice by registered or certified mail. The notice may come with a notice of your right to cure. It is not a lawsuit and not a sale notice, but foreclosure can follow once the 20 days pass.
- Summons and Complaint (foreclosure by action)A summons and complaint means your lender has sued to foreclose in circuit court, called foreclosure by action. You have 30 days after you are served to serve a written answer. In this kind of case, paying the past-due principal and interest plus costs into court before judgment requires the case to be dismissed.
- Notice of Mortgage Foreclosure Sale (foreclosure by advertisement)In a foreclosure by advertisement, there is no lawsuit. The lender publishes a notice of sale for four weeks in a row and must serve you a written copy at least 21 days before the sheriff's sale. The notice must tell you that you can apply to have the foreclosure done in court instead, and you do not have to give a reason.
- Sheriff's notice of deposit of surplus with the clerk of courtsWhen 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.
- Summons and complaint for forcible entry and detainer (eviction) after a sheriff's deedOnce the redemption period ends without a redemption and the sheriff gives the buyer a deed, the buyer can file a forcible entry and detainer case if you are still in the home. The summons gives you only 5 days from service to appear and respond. Only a court judgment can order you out.
Sources
- SDCL 21-48-19 (certificate of sale; recording within 10 days)
- SDCL 21-49-30 (certificate of sale; 20 days; redemption starts at recording)
- SDCL 21-49-38 (180 days or 60 days if abandoned)
- SDCL 21-52-11 (one year from sale)
- SDCL 21-52-13 (extension of redemption period)
- SDCL 21-52-14 (amount to redeem)
- SDCL 21-52-7 (owner's final right to redeem)
- SDCL 21-47-13 (possession deferred during redemption)
- SDCL Chapter 15-19 (return of sale, exceptions, confirmation)
- SD Law Help