Behind on payments in South Dakota? The real foreclosure timeline, and what you can do at each step
Updated October 10, 2026.
The short answer
A South Dakota foreclosure doesn't end at the sheriff's sale. Before the sale, a lender foreclosing by advertisement has to publish notice once a week for four weeks and serve you written notice at least 21 days ahead (SDCL 21-48-6, 21-48-6.1). After the sale, the default is one year to redeem, or 180 days if your mortgage is a "180-day redemption" mortgage (SDCL 21-52-11, 21-49-38). Selling before the sale is almost always the way to keep the most of your equity.
Want a cash offer? You'll have it in 24 to 48 hours.
Get my offerHow does foreclosure work in South Dakota?
South Dakota has two ways to foreclose on a house: by court action under SDCL chapter 21-47, or by advertisement under chapter 21-48, which is allowed only if the mortgage contains a power of sale (SDCL 21-48-1). Foreclosure by advertisement can start only after a default under the mortgage (SDCL 21-48-3).
Foreclosure by advertisement is faster for the lender because it skips the lawsuit. You can take that shortcut away: any homeowner can apply to the circuit court and require the lender to foreclose by court action instead, without giving any reason (SDCL 21-48-9). Whether that helps you depends on your situation, and it’s worth an hour with a South Dakota attorney before you decide.
How long does a South Dakota foreclosure take?
Longer than most websites say. Here’s the sequence for a foreclosure by advertisement:
| Step | What the law requires | Source |
|---|---|---|
| 1. Default | You’ve missed payments or broken another condition of the mortgage | SDCL 21-48-3 |
| 2. Published notice | Notice of the sale runs once a week for four successive weeks in a legal newspaper in your county | SDCL 21-48-6 |
| 3. Written notice to you | Served on you at least 21 days before the sale date | SDCL 21-48-6.1 |
| 4. Sheriff’s sale | Public auction by the county sheriff, between 9 a.m. and 5 p.m., in your county | SDCL 21-48-10 |
| 5. Redemption period | One year from the sale, or 180 days under a 180-day redemption mortgage (60 if the home is abandoned) | SDCL 21-52-11, 21-49-38 |
| 6. Deed to the buyer | Issued only if no one redeems | SDCL 21-48-21 |
South Dakota law doesn’t say how many payments you have to miss before step 2. Federal rules do: a mortgage servicer generally can’t make the first notice or filing for any foreclosure until you’re more than 120 days behind (12 CFR 1024.41(f)). And if you send your servicer a complete application for help, like a loan modification, more than 37 days before a scheduled sale, the servicer generally can’t hold the sale while it’s reviewing it (12 CFR 1024.41(g)).
How long is the redemption period after a foreclosure sale in South Dakota?
It depends on one line in your mortgage.
| Standard mortgage (the default) | “180-day redemption” mortgage | |
|---|---|---|
| Time to redeem | One year from the date of sale (SDCL 21-52-11) | 180 days from when the certificate of sale is recorded; 60 days if the property is abandoned (SDCL 21-49-38) |
| When the clock starts | The sale date | Recording of the certificate of sale, which must happen within 20 days of the sale (SDCL 21-49-30) |
| Can it run longer? | The owner has a final right to redeem within 15 days after all other redemption rights expire (SDCL 21-52-7) | No. Never more than 180 consecutive days (SDCL 21-49-38) |
| Can you live there meanwhile? | Not addressed in the statutes cited here; ask an attorney | Yes; a 180-day mortgage can’t take away your right to possession during redemption (SDCL 21-49-12) |
How do I know if I have a 180-day redemption mortgage?
Look at the top of the first page. A 180-day redemption mortgage has to be titled, in printed or typed capital letters, “MORTGAGE–ONE HUNDRED EIGHTY DAY REDEMPTION,” and it has to contain the statement “THE PARTIES AGREE THAT THE PROVISIONS OF THE ONE HUNDRED EIGHTY DAY REDEMPTION MORTGAGE ACT GOVERN THIS MORTGAGE” (SDCL 21-49-12). It can only be used on property of 40 acres or less (SDCL 21-49-11).
If you can’t find your copy, your recorded mortgage is on file with the register of deeds in the county where the house is. If it has that heading, plan on 180 days. If it doesn’t, plan on a year.
Is it true a South Dakota foreclosure can finish in 60 to 90 days?
No. At least one cash-buyer website serving Rapid City says South Dakota non-judicial foreclosure “can finish in 60 to 90 days.” The published notice alone takes four weeks before there can be a sale (SDCL 21-48-6), and after the sale the default redemption period is a full year (SDCL 21-52-11). Even the shortest form, the 180-day mortgage, gives 180 days after the sale, or 60 days only if the home has been abandoned (SDCL 21-49-38).
Another site says there’s no redemption at all after a non-judicial foreclosure. That’s also wrong: the one-year redemption right applies to sales on foreclosure of a real estate mortgage (SDCL 21-52-11).
Why it matters: someone who believes they have 60 days takes the first offer that arrives. Someone who knows they have months can compare options.
What are your options if you’re behind on payments?
In roughly the order to try them:
- Call your lender (servicer) and ask what they’ll do. Reinstatement, a repayment plan or a loan modification may be on the table, especially early.
- Talk to a housing counselor. South Dakota Housing lists two in the Black Hills: Consumer Credit Counseling Service of the Black Hills in Rapid City (605-348-4550 ext. 144) and NeighborWorks Dakota Home Resources in Deadwood (605-578-1401) both offer mortgage delinquency and default resolution counseling.
- Sell with an agent, if the house shows well and there’s enough time before the sale. This usually nets the most.
- Sell to a cash buyer, if time is short, the house needs work, or you just need it to be over. A sale before the sheriff’s sale pays off the mortgage from the proceeds, and anything left is yours.
- Give the house back to the lender (deed in lieu), if you owe more than it’s worth and the lender agrees.
Start with what to do in the first week.
How we help when a foreclosure has started
We look at where you are on the timeline above, and you get your payoff number from your lender. Then we tell you straight whether selling leaves money in your pocket after the mortgage is paid. If it does, you get a written offer and a closing date before the sheriff’s sale. If it doesn’t, we’ll tell you that and point you back to your lender and, if needed, an attorney.
Questions people ask
Does a foreclosure in South Dakota have to go through court?
Not necessarily. If the mortgage contains a power of sale, the lender can foreclose by advertisement, without a lawsuit (SDCL 21-48-1). But you can apply to the circuit court and require the lender to foreclose by court action instead, and you don't have to give a reason (SDCL 21-48-9). The published foreclosure notice is required to tell you this option exists (SDCL 21-48-6).
Can the lender come after me for what's left owed after a foreclosure sale?
Sometimes, and South Dakota limits it. If the lender buys your house at a foreclosure-by-advertisement sale and then sues for a deficiency, it first has to prove the house sold for its true market value; if it sold for less, the court subtracts the difference (SDCL 21-48-14). The rules are different for foreclosure by court action. If you're facing a possible deficiency, that's a question for a South Dakota attorney.
Can I still sell my house after the sheriff's sale?
You still have something to sell. South Dakota's redemption statute gives the owner's final right to redeem to anyone the owner conveys title to during the redemption period (SDCL 21-52-5, 21-52-7), so a buyer can step into your shoes and redeem. It's more complicated than selling before the sale, and the redemption price will have grown, but it isn't automatically over.
What happens if my house sells at the sheriff's sale for more than I owe?
The surplus is paid to the clerk of the circuit court, and the sheriff has to mail notice of the deposit to the former owner (SDCL 21-48-16). If you've moved, make sure the court and your lender have your current address so that notice reaches you.
Can signing a contract to sell push back a foreclosure sale?
Often, yes. Lenders will often agree to postpone the sheriff's sale when there's a signed purchase contract and a closing date, because the sale pays them off. South Dakota law lets a foreclosure sale be postponed by published notice (SDCL 21-48-11). It's the lender's call, not automatic, so if your sale date is close, get a contract signed quickly and send it to your lender with a request to postpone.
Every statute cited here was checked against the text published at sdlegislature.gov on the update date above. This is general information, not legal advice. For your own situation, talk to a South Dakota attorney.Show every legal claim and its source ID.