Enter the dates from your foreclosure papers and see how much time you have — and what to do next.
An estimate for planning, not legal advice — timelines can vary by county and case. Confirm every date with your papers, the court, or your attorney. Free help: find a HUD-approved housing counselor.
South Dakota uses a both (judicial under SDCL ch. 21-47 and nonjudicial 'foreclosure by advertisement' under SDCL ch. 21-48; judicial is reported as more common for residential, and the owner can force any advertisement foreclosure into court under SDCL §21-48-9) foreclosure process. Key dates come from your own papers — enter them above for your exact timeline.
Statutory cure exists in JUDICIAL foreclosures: paying the past-due installments/interest plus costs into court before entry of judgment gets the complaint dismissed (SDCL §21-47-8), and paying before the sale stays the proceedings until a further default (§21-47-10). In a foreclosure BY ADVERTISEMENT there is no equivalent statutory cure — reinstatement before sale is contractual (standard mortgage reinstatement clauses), though the homeowner can force the lender into judicial foreclosure under §21-48-9. Conservative rule: treat the sale date as the last safe day to cure. SDCL §§21-47-8, 21-47-10, 21-48-9
Before the sale: The owner can pay off, refinance, or sell any time before the foreclosure sale; in judicial cases paying arrears before judgment dismisses the case (SDCL §21-47-8).
After the sale: Two statutory variants, determined by the words printed on the mortgage: (1) standard — one year from the date of sale (SDCL §21-52-11); (2) '180-day redemption mortgage' — 180 days from recording of the certificate of sale, cut to 60 days if the property is abandoned (SDCL §§21-49-12, 21-49-30, 21-49-38). The owner keeps possession during redemption — the purchaser cannot take possession until the period expires (§21-47-13; §21-49-12) — and holds a final 15-day redemption right after all junior redemptions (§§21-52-7, 21-52-23). SDCL §21-52-11 · SDCL §21-49-30 · SDCL §21-49-38 · SDCL §21-49-12 · SDCL §21-47-13 · SDCL §21-52-7
The owner can sell and keep equity right up to the foreclosure sale — and the statute expressly contemplates selling DURING the redemption period: SDCL §21-52-7 extends the owner's final right of redemption to 'any person to whom he has conveyed his title during the redemption period,' so the redemption right transfers with a sale of the home after the foreclosure sale. Any surplus from the sale above the debt and costs is paid over for the mortgagor's benefit (§21-48-16).
Want the fuller picture beyond the dates? Read the South Dakota foreclosure guide — timeline, rights & options.
The county sells a tax certificate. The owner may redeem at ANY time before a tax deed is issued, by paying the certificate amount plus interest and subsequent taxes (SDCL §10-24-1). The certificate holder cannot begin tax-deed proceedings until 3 years after the tax certificate sale (and must act within 6 years) (SDCL §10-25-1), so the owner has a minimum of roughly 3 years plus the deed-notice period to redeem. SDCL §§10-24-1, 10-25-1
Practitioner estimate (not statute): roughly 3-6 months from default to foreclosure sale in an uncontested case (advertisement route: 4 successive weekly publications plus 21-day written notice of sale; judicial route adds court time). Title does not pass until the redemption period ends, so default-to-deed commonly runs about 9-12 months under a 180-day redemption mortgage and 15-18+ months under a standard 1-year redemption mortgage. (Practitioner estimate, not a statute.)
If your mortgage predates your military service, the federal SCRA generally requires a court order to foreclose during active duty and for 12 months after (50 U.S.C. §3953). These protections must be raised — tell the court and your counselor.