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South Dakota Foreclosure Laws

Judicial Yes
Non-Judicial Yes
Process Period 150 Days
Sale Publication 23 Days
Redemption Period 30-265 Days
Sale / NTS Sheriff

Judicial Foreclosure and Non-Judicial Foreclosure: The foreclosure process begins when the lender submits a complaint in court of the borrowers default. Usually the borrower is given 30 days to respond to the court before the foreclosure process is continued. The lender is not required by law to send notice to the borrower though some mortgages may require it.

Sale: Once the court rules that the foreclosure process can continue, a notice of sale is published the local newspaper. The notice of sale must also be delivered to the borrower at least 21 days prior to the date of sale. The sheriff conducts the sale; anyone can bid on the property including the lender. The highest bidder is awarded the property and given a sale certificate. The transfer of ownership is done following the end of the borrowers redemption period, which usually lasts up to six months.

Additional Information on South Dakota Foreclosure