South Dakota foreclosure laws: how the process works and how long it takes
In South Dakota, a home can be sold without going to court. The lender or trustee sets the sale date, so the total depends on its schedule and any postponements.
South Dakota at a glance
- Does a South Dakota foreclosure go through a court?
- Usually not. The home is sold after notices the law requires.
- How long does it take?
- No law sets a total length. The lender or trustee sets the sale date, so the total depends on its schedule and any postponements.
- How far behind can you get before it starts?
- Usually more than four months of missed payments.
- Can you catch up to stop it?
- It depends on your mortgage. Deadlines by kind of foreclosure
- Can you get the house back after the sale?
- Yes, for a time the law sets, which depends on the home and the sale.
- Can the lender come after you for what the sale doesn't cover?
- In some cases. State law limits it.
- Is there mediation?
- No statewide program identified in our records.
- How many South Dakota homeowners are 90+ days behind?
- The share of borrowers with a mortgage who were 90+ days behind was 0.9% in the first quarter of 2025, lower than the U.S. (1.2%). How South Dakota compares
What "without a court" means for you in South Dakota
Not South Dakota
Through a court
The lender files a lawsuit, and a judge has to approve the sale. You can answer in court, and no law sets how fast a case goes.
South Dakota
Without a court
The lender or a trustee sends the notices the law requires and sells the home at a public sale. There's no lawsuit unless you file one, so the dates in each notice matter most.
How foreclosure works in South Dakota, step by step
The 5 steps of a foreclosure in South Dakota, and the time the law gives each
Each step in order, with the time the law gives it. 4 of the 5 have a time set in law; "No set time" means the lender sets the pace.
- 120+ days behind You fall behind on payments
- At least 21 days before the sale The sale is advertised
- Before the sale Catching up before the sale
- No set time The home is sold at auction
- 1 year You can buy the home back
Each step in detail, with the law behind it
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Step 1
You fall behind on payments
Federal rules give you time to apply for help before anything is filed. Source 12 CFR 1024.41
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Step 2
The sale is advertised
Published weekly for 4 consecutive weeks; at least 21 days before sale
The lender publishes a Notice of Sale at least once a week for 4 successive weeks in a legal newspaper of the county where the property is located (or, if the county has none, the nearest newspaper in the state). Source SDCL § 21-48-6
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Step 3
Catching up before the sale
Before the sale, in a court foreclosure (SDCL § 21-47-10)
To foreclose by advertisement, the lender needs a default under the mortgage that has made the power of sale operative (SDCL § 21-48-3); that section does not itself give a right to reinstate by paying the past-due amounts. Source SDCL § 21-48-3
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Step 4
The home is sold at auction
On the advertised sale date
The sheriff of the county (or a deputy) sells the property at public auction to the highest bidder, in the county where it is located, between 9 a.m. and 5 p.m., at the time and place stated in the Notice of Sale. Source SDCL § 21-48-10
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Step 5
You can buy the home back
Generally one year from the sale; for a 180-day redemption mortgage, 180 days from the recording of the certificate of sale (a court can shorten it, but not below 60 days, if the home is abandoned)
After a foreclosure-by-advertisement sale in South Dakota, the borrower, their successors and junior lienholders can redeem the property: generally one year from the date of sale, or, for a 180-day redemption mortgage, 180 days from the recording of the certificate of sale (a court can shorten it, but not below 60 days, if the home is abandoned). Source SDCL § 21-52-11
Deadlines for stopping a foreclosure in South Dakota
Catching up means paying what you've missed, plus late fees and the trustee's and attorney's costs, but not the whole loan. How late you can do it depends on the kind of foreclosure.
| Kind of foreclosure | Deadline | What starts the clock |
|---|---|---|
| Through a courtLoans not yet fully due | Until the sale | Pay the principal and interest due plus costs into court. Before judgment this ends the case; after judgment it pauses the case until another default. Source SDCL §§ 21-47-8, 21-47-10 |
| Without a courtAny home | Your loan papers decide | We found no catch-up deadline in the law for an out-of-court foreclosure, so your loan papers decide. Source SDCL ch. 21-48 |
| After the sale | ||
| Any foreclosureMost mortgages | Up to 1 year after the sale | The clock starts on the sale date, for both court and advertisement foreclosures. Mortgages under the 180-day redemption law follow a different rule. Source SDCL § 21-52-11 |
| Any foreclosure180-day redemption mortgages | 180 days after the certificate of sale is recorded | Applies only if your mortgage says the 180-day redemption law governs it. The clock starts when the certificate of sale is recorded, not the deed. Source SDCL §§ 21-49-12, 21-49-38 |
| Through a courtAbandoned homes, 180-day mortgages | Set by the court; at least 60 days after the sale certificate is recorded | Applies only if your mortgage uses the 180-day law, includes the abandonment clause, and the court shortens the period because the home is abandoned. The court can't cut it below 60 days. Source SDCL §§ 21-49-13(8), 21-49-38 |
| Other deadlines and rules | ||
| Without a courtAny home | Before the sale | Once the lender starts an out-of-court foreclosure, you can ask the circuit court to make it go through court instead. You don't have to give a reason. Source SDCL § 21-48-9 |
| Without a courtAny home | At least 21 days after the lender serves you its notice of sale | The foreclosing lender has to serve you a written copy of the notice of foreclosure sale. The sale can't happen sooner than 21 days after you are served. Source SDCL § 21-48-6.1 |
| Through a courtAny home | Within 30 days after you are served | Answer the foreclosure complaint by then. Don't count the day you were served. A court motion or special rule may change the period. Source SDCL § 15-6-4(a) |
| Through a courtMortgage with an acceleration term | At least 20 days after the lender mails its default notice | The lender can accelerate the debt only after that notice period. This applies only if your mortgage has this optional term. Source SDCL § 21-49-13 |
| Through a courtMortgage with a due on sale term | At least 60 days after the lender mails its notice | If you sold the home without the required consent, the lender can accelerate the debt only after that notice period. This applies only if your mortgage has this optional term. Source SDCL § 21-49-13 |
| Through a courtShort redemption foreclosure | Within 30 days after you are served | Answer this foreclosure complaint by then. Source SDCL § 21-49-21 |
| Any foreclosureVoluntary foreclosure you agreed to | Within 5 business days after the agreement date | That is how long you have to cancel the voluntary foreclosure. The disclosure form has to show the exact cancellation date. Source SDCL § 21-48A-1 |
| Any foreclosureAny home | Within 30 days after the eviction summons is published | Appear in the eviction case by then. The earlier of this date and five days after personal service controls. Source SDCL § 21-16-7 |
| Any foreclosureNot a 180 day redemption mortgage | Up to 12 months after the sale | You usually have one year from the sale date to redeem the property. Extensions and later redemptions can change the final date. Source SDCL § 21-52-11 |
| Any foreclosureAny home | Within 5 business days after you are served | Appear and respond in the eviction case by then. Weekends and legal holidays don't count, because South Dakota skips them when a deadline is under 11 days. If the summons is published instead, 30 days after publication can come sooner. Source SDCL § 21-16-7 |
Not sure which kind yours is? A court summons or lawsuit means a court foreclosure. A notice of default or notice of sale with no lawsuit means one without a court.
Asking for help: For covered loans and servicers, receiving a complete application more than 37 days before a scheduled sale can require the mortgage company to wait while it evaluates it. Prior applications and other exceptions matter. Ask the company to confirm receipt and what is still missing; preparing a package here does not pause a sale.
How far behind can you get before a South Dakota foreclosure starts?
More than 120 days, about four months of missed payments, for most loans on the home you live in. The federal rule has exceptions, such as a reverse mortgage, or a sale or transfer of the home without the lender's OK.
Your mortgage company generally has to try to reach you by day 36 and send a letter about help options by day 45.
A South Dakota foreclosure usually can't start until you're more than 120 days behind
Days behind on your mortgage, against the federal waiting period before filing a foreclosure case or starting a nonjudicial foreclosure
Days behind on payments
What you can do at each step of a South Dakota foreclosure
What tends to go wrong for people at each point, and the step that answers it.
| When | What goes wrong | What you can do |
|---|---|---|
| You've missed a payment | You're told to wait, or passed from person to person, while the clock runs. | Ask your mortgage company (the servicer, the company on your statement) what help it offers, in writing, and keep a copy of everything you send and get. A complete application sent well before any sale date has to be reviewed before the sale can go ahead Source 12 CFR §1024.41. How a loan modification works. |
| The first notice arrives | Foreclosure keeps moving while your application is still being reviewed. | Every notice has a date on it, and that date is what you plan around. The lender has to send you notice at least 21 days before the sale. |
| A sale date is set | The sale is days or weeks away. | A HUD-approved housing counselor or legal aid can help right away. Both are free. Paying what you're behind can stop the sale only where South Dakota's catch-up rule allows it. Filing for bankruptcy usually pauses a sale while the automatic stay lasts, though the stay has exceptions and can be short for someone with a recent dismissed case Source 11 U.S.C. §362. |
| After the sale | Money left over sits unclaimed, or you're told to leave at once. | You may be able to buy the home back under South Dakota's buy-back rule. If the sale brought in more than was owed, you may be able to claim what is left after costs and other liens. A former owner can generally be removed only through the process state law sets. |
Can your HOA or condo association foreclose in South Dakota?
If you fall behind on association dues, the association can put a lien on your home. If it forecloses for unpaid dues, these rules apply, not the mortgage deadlines.
Where a row says “Not found in the law,” the sections we read don't address that point. It doesn't mean the answer is no.
Can it foreclose, and how?
In some cases. The state's condo chapter doesn't give the association a lien for unpaid dues or a way to foreclose. Its only lien rule is for builders and suppliers. Whether an association can foreclose depends on its recorded documents and general law.
Read the law's words
“A lien holder who contributes to the erection, alteration, repair, or other general improvement of a single development of condominiums shall apportion his demand…” sdlegislature.gov
Is there a minimum debt or a waiting period?
Not found in the law
What notices come first?
Not found in the law
Do you have a right to a payment plan?
Not found in the law
Can the HOA's claim go ahead of the mortgage?
Not found in the law
What protects you?
Not found in the law
Can you buy the home back after the sale?
Not found in the law
Who these rules cover: Condos under the South Dakota Condominiums chapter. For condos and other HOAs, state law sets no dues-lien or foreclosure rule; your community's recorded covenants control.
Protections in South Dakota law
Open one to read the rule in the law's own words.
Catching up after the loan is called due (reinstatement) State law
Judicial foreclosure where only some installments of the mortgage are due: before judgment, paying the principal and interest due, with costs, into court ends the case (SDCL § 21-47-8); after judgment, paying them any time before the sale pauses the case until a later default (SDCL § 21-47-10). Non-judicial foreclosure: any reinstatement deadline depends on the mortgage terms. Contact your servicer for the exact reinstatement amount. Source SDCL §§ 21-47-8, 21-47-10
South Dakota Housing Development Authority (SDHDA) Program
State housing finance authority providing homeownership programs, down payment assistance, mortgage assistance, and counseling referrals. Administers other homeownership preservation programs. More on South Dakota Housing Development Authority (SDHDA).
South Dakota HUD-Approved Housing Counseling Program
Free foreclosure prevention counseling through HUD-approved agencies; services include loss mitigation assistance, servicer negotiation support, budget counseling, and legal referrals. More on South Dakota HUD-Approved Housing Counseling.
Dakota Plains Legal Services Program
Free civil legal services for low-income residents in western South Dakota and tribal reservations, including housing and foreclosure defense. Offices in Mission, Eagle Butte, Pine Ridge, Rapid City, and Fort Thompson. More on Dakota Plains Legal Services.
The legal details
The South Dakota laws behind this page
- SDCL § 21-48-1 et seq.: Primary framework for non-judicial foreclosure in South Dakota. Available when mortgage contains a power of sale clause.
- SDCL §§ 21-48-6, 21-48-6.1: Requires the notice of sale to be published at least once a week for 4 successive weeks in a legal newspaper of the county, or the nearest one in the state if the county has none, and a written copy to be served on the mortgagor and affected lienholders at least 21 days before the sale. Notice must describe the property, state the default, give the time and place of sale, and say that the mortgagor can apply for foreclosure by action.
- SDCL § 21-47-1 et seq.: Framework for judicial foreclosure. Standard civil action: complaint, service, answer, trial/judgment, court-ordered sale, redemption period.
- SDCL § 21-52-11: Gives everyone entitled to redeem one year from the date of sale, except for a 180-day redemption mortgage (180 days from the recording of the certificate of sale, or as little as 60 days if a court finds the property abandoned, under SDCL §§ 21-49-38 and 21-49-13). After a court foreclosure sale, the buyer does not get possession until the redemption period ends (SDCL § 21-47-13).
- SDCL § 21-47-16: Governs deficiency judgments after judicial foreclosure. A lender that will not bid the full judgment debt must prove the property's fair and reasonable value at trial, and it can get an execution for a deficiency only by applying to the court that entered the judgment.
- SDCL § 43-31-1 et seq.: Establishes the homestead exemption, limited to 1 acre within a town or 160 acres in the country. A judgment creditor can levy on homestead equity above $100,000 ($170,000 for a homeowner 70 or older, or that person's unremarried surviving spouse) (SDCL §§ 21-19-2, 43-45-3).
Moving out after the sale
After a foreclosure sale, judicial or non-judicial, an eviction (forcible entry and detainer) action against a former owner who stays in possession is available once the redemption period has expired and a deed has been executed and delivered (SDCL § 21-16-1(5)). The federal Protecting Tenants at Foreclosure Act provides 90-day notice to bona fide tenants.
Money left over after the sale
Surplus proceeds from a sale by advertisement (above the debt and costs) are paid to the clerk of the circuit court, and the sheriff must mail notice of the deposit to the mortgagor and to all holders of junior liens (SDCL § 21-48-16).
Who gets paid first
Generally first in time, first in right: an unrecorded deed or mortgage loses to a later good-faith buyer or lender for value who records first (SDCL § 43-28-17). Taxes on real property, with any penalty and interest, are a perpetual lien against all persons except the United States and the state (SDCL § 10-21-33). If a tax certificate sold for unpaid taxes is not redeemed, its holder can start proceedings for a tax deed after three years, and within six years, from the certificate sale (SDCL § 10-25-1).
How long the lender has to act
A foreclosure of a real estate mortgage, by action or by advertisement, can be started only within 15 years after the cause of action accrued, unless another statute sets a different time (SDCL § 15-2-7). The 15 years are not extended by nonresidence, legal disability, partial payment, or a new promise, but a duly executed and recorded extension of the mortgage is not treated as a new promise. Consult a local attorney. Deficiency judgments are not barred after non-judicial foreclosure: when the foreclosure is by advertisement, the lender may seek a deficiency under SDCL § 21-48-14 (SDCL § 21-49-27). After a court foreclosure, the lender can get an execution for a deficiency only by applying to the court that entered the judgment (SDCL § 21-47-16).
Other kinds of foreclosure
- Unpaid property taxes: The county treasurer sells a tax certificate on delinquent property to the bidder who pays the taxes, interest and costs at the lowest interest rate, which cannot exceed 10 percent a year (SDCL § 10-23-8). If the certificate is not redeemed, its holder can start proceedings for a tax deed after three years, and within six years, from the certificate sale (SDCL § 10-25-1). The right to redeem does not expire until 60 days after the affidavit of completed service of the notice is filed (SDCL § 10-25-8). Contact the county treasurer/auditor for specific procedures.
Your home's value and other creditors
Up to $100,000 of equity ($170,000 for a homeowner 70 or older, or that person's unremarried surviving spouse); a judgment creditor can levy on equity above that amount. Also limited to 1 acre within a town/city or 160 acres in the country. South Dakota's homestead exemption is limited by acreage (SDCL § 43-31-1 et seq.) and, against judgment creditors, by value: a creditor can levy on homestead equity above $100,000 ($170,000 for a homeowner 70 or older, or that person's unremarried surviving spouse) (SDCL §§ 21-19-2, 43-45-3). The exemption is automatic for owner-occupied primary residences. The exemption does not protect against mortgage foreclosure itself. If the owner is married and both spouses live in South Dakota, a mortgage on the homestead is valid if both spouses sign it (SDCL § 43-31-17).
Servicemembers
No South Dakota-specific military foreclosure protections beyond federal SCRA identified. Under the federal SCRA, if you took out your mortgage before entering active duty, you generally can't be foreclosed on without a valid court order while on active duty and for 12 months after leaving it, and you can ask for a mortgage interest rate reduction to 6 percent for that same period. In a foreclosure by advertisement, the recorded proof of the sale must include an affidavit on the owner's military service status at the time of sale (SDCL § 21-48-23). Ellsworth Air Force Base near Rapid City is a significant military installation. Military families should contact their installation legal assistance office immediately if facing foreclosure.
Taxes on forgiven debt
South Dakota has no state income tax, but a foreclosure can still have federal tax consequences: the IRS treats a foreclosure as a sale that can produce a gain or loss, and if the lender cancels part of the remaining balance, the canceled amount may be ordinary income unless an exception or exclusion applies (IRS Publication 4681).
How South Dakota compares
South Dakota, Minnesota, Montana, Nebraska and Wyoming sell most foreclosed homes without a court. Iowa and North Dakota require one.
South Dakota's share of borrowers with a mortgage who are 90+ days behind is under half its 2010 peak
Share of South Dakota borrowers with a mortgage who have one 90+ days past due, quarterly, Q1 2005 to Q1 2025
South Dakota is tied for 31st place for the share of mortgages 90+ days behind, of the 50 states and D.C.
Share of borrowers with a mortgage who have one 90+ days past due, by state, Q1 2025. Dashed line: the U.S.
| State | 90+ days behind, Q1 2025 | Distress rank (score) |
|---|---|---|
| South Dakota | 0.9% | 50th (2) |
| Iowa | 0.9% | 40th (22) |
| Minnesota | 0.8% | tied for 38th (24) |
| Montana | 0.8% | 47th (8) |
| North Dakota | 0.8% | 51st (0) |
| Nebraska | 0.8% | 46th (10) |
| Wyoming | 0.7% | 45th (12) |
The share counts people with a mortgage on their credit report, not loans or dollars. Ranks are of 51 (the 50 states and D.C.); 1st is the most distressed. South Dakota's full distress profile and county scores.
Questions about foreclosure in South Dakota
How long does foreclosure take in South Dakota?
No law sets one length for the whole process. The lender or trustee sets the sale date, so the total depends on its schedule and any postponements. Before any of it starts, your mortgage company usually has to wait until you're more than four months behind. Each step and its deadline.
How many months behind before foreclosure starts in South Dakota?
Usually more than four months of missed payments. A federal rule keeps your mortgage company from filing before then on most loans on the home you live in, with a few exceptions, such as a sale of the home without the lender's OK. Some state notices that are only mailed to you can come during that wait.
Is South Dakota a judicial foreclosure state?
No. South Dakota has two foreclosure tracks: (1) non-judicial foreclosure by power of sale under SDCL § 21-48-1 et seq. — available when the mortgage contains a power of sale clause, which is standard in modern residential mortgages; and (2) judicial foreclosure under SDCL § 21-47-1 et seq. — available for all mortgages and requires court action. Non-judicial is the faster and more common track.
Can I stop foreclosure once it starts in South Dakota?
Often there are still ways to try, though none is guaranteed. You can catch up on what you owe, where South Dakota's catch-up rule allows it. You can apply for a loan modification or a pause on payments; send the complete application more than 37 days before any sale date, so the sale has to wait for an answer. You can file for bankruptcy, or sell, including a short sale if your lender approves.
What is the redemption period for a foreclosure in South Dakota?
South Dakota's rule: usually one year from the sale, whether the foreclosure is through court or by advertisement. If your mortgage uses the 180-day redemption law, the deadline is 180 days after the certificate of sale is recorded. For abandoned property under that law, it may be shortened, but not to less than 60 days after that recording.
Can bankruptcy stop a foreclosure in South Dakota?
It usually pauses one. Filing creates an automatic stay that stops most collection, a foreclosure sale included, while it lasts. The stay has exceptions, and for someone who had a case dismissed in the past year it can last only 30 days or not start at all. A Chapter 13 plan can let you catch up on missed payments over three to five years.
Can the lender come after me for the leftover balance in South Dakota?
In some cases. South Dakota limits deficiency judgments. A lender can seek a deficiency after either kind of foreclosure. After a foreclosure by advertisement, it may seek one under SDCL § 21-48-14 (SDCL § 21-49-27). After a court foreclosure, it must apply to the court that entered the judgment, and a lender that bid less than the full debt must have proved the property's fair and reasonable value at trial (SDCL § 21-47-16). In a court foreclosure, a lender that is not willing to bid the full judgment debt at the sale must prove the fair and reasonable value of the property at trial; the court may then let it bid no less than that value, minus balances due on prior liens (SDCL § 21-47-16). After a foreclosure by advertisement, the lender may seek a deficiency under SDCL § 21-48-14 (SDCL § 21-49-27); if the lender or other holder of the debt bought the property at that sale, the court deducts from the deficiency the amount by which the property's true market value at the time of sale exceeded the sale price (SDCL § 21-48-14).
What is the homestead exemption in South Dakota?
As South Dakota law sets it: Up to $100,000 of equity ($170,000 for a homeowner 70 or older, or that person's unremarried surviving spouse); a judgment creditor can levy on equity above that amount. Also limited to 1 acre within a town/city or 160 acres in the country. South Dakota's homestead exemption is limited by acreage (SDCL § 43-31-1 et seq.) and, against judgment creditors, by value: a creditor can levy on homestead equity above $100,000 ($170,000 for a homeowner 70 or older, or that person's unremarried surviving spouse) (SDCL §§ 21-19-2, 43-45-3). The exemption is automatic for owner-occupied primary residences. The exemption does not protect against mortgage foreclosure itself. If the owner is married and both spouses live in South Dakota, a mortgage on the homestead is valid if both spouses sign it (SDCL § 43-31-17).
What if I have an FHA, VA, or USDA loan in South Dakota?
Government-backed loans have their own rules on top of South Dakota law. FHA requires a meeting or reasonable efforts to arrange one in covered defaults. Current rules allow approved remote methods; exceptions and timing requirements apply. VA and USDA set their own help options; the forbearance guide and loan modification guide explain each program's options.
How long do I have to move out after a foreclosure sale in South Dakota?
After a foreclosure sale, judicial or non-judicial, an eviction (forcible entry and detainer) action against a former owner who stays in possession is available once the redemption period has expired and a deed has been executed and delivered (SDCL § 21-16-1(5)). The federal Protecting Tenants at Foreclosure Act provides 90-day notice to bona fide tenants.
What happens to tenants if my South Dakota home is foreclosed?
Under the federal Protecting Tenants at Foreclosure Act, the new owner after a foreclosure must give bona fide tenants 90 days' notice before eviction, and a bona fide tenant with a lease can stay until the lease ends, unless the unit is sold to a buyer who will live there, who can end the lease on 90 days' notice. South Dakota's landlord-tenant law also governs eviction procedures. Tenants in foreclosed properties should assert both federal and state protections.
Can I claim surplus funds after a foreclosure sale in South Dakota?
Possibly. If a foreclosure sale brings in more than is owed, the extra is called surplus. The costs of the sale, the debt being foreclosed and other liens on the home, such as a second mortgage, are generally paid first. In South Dakota: Surplus proceeds from a sale by advertisement (above the debt and costs) are paid to the clerk of the circuit court, and the sheriff must mail notice of the deposit to the mortgagor and to all holders of junior liens (SDCL § 21-48-16). The court, county clerk or trustee who handled the sale can tell you whether any surplus is being held.
Is the Homeowner Assistance Fund still available in South Dakota?
Generally, no. HAF programs, including the South Dakota HAF / South Dakota Homeowner Assistance Fund, couldn't commit new money after September 30, 2026 (Treasury). If the program approved you before then, ask it about payments still being processed.
Can I do a short sale to avoid foreclosure in South Dakota?
Possibly, with your lender's approval. In South Dakota, a deficiency waiver (a release of the remaining balance) can be negotiated as part of a short sale approval. Short sales require servicer approval. Negotiate a written deficiency waiver as part of any short sale agreement. A deficiency is not barred after a non-judicial foreclosure in South Dakota: the lender may seek one under SDCL § 21-48-14.
Foreclosure laws in another state
The process and the deadlines change at every state line.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Protect yourself from scams
The FTC and CFPB describe these warning signs and the rules behind them:
- Upfront fees for promised relief are a warning sign. Under FTC mortgage-assistance rules, most companies that sell mortgage help cannot charge until a homeowner accepts a written offer from the mortgage company or lender. A separate FTC rule covers debt-relief companies that sell by phone and ties fees to a completed debt arrangement. It bars a fee until at least one debt has been settled or changed, the customer agrees to the arrangement, and the customer has made a payment under it. The FTC describes a narrow exception for lawyers who give help as part of the practice of law and are licensed in the state where the client or dwelling is. The lawyer follows that state's rules for attorneys, and advance fees are placed in a client trust account before services begin under state trust-account rules.
- HUD-approved foreclosure-prevention counseling is free. HUD’s national counselor line is 800-569-4287. The CFPB counselor finder lists agencies and their services. If an organization charges for help described as free HUD counseling, the CFPB finder can verify the agency and its listed services before any payment.
- A request to sign over a deed is a warning sign. The CFPB identifies title-transfer schemes among foreclosure-relief scams. Signing over title can mean losing ownership of the home; a lawyer can explain what a proposed document would do.
- Foreclosure protections depend on timing and the loan. Regulation X generally bars the first foreclosure notice or filing on a principal-residence loan until the borrower is more than 120 days behind, subject to exceptions. A complete assistance application can delay some foreclosure steps, but that depends on when it arrives; it does not necessarily stop every step. The CFPB warns about promises to “save” a home.
Free help in South Dakota
South Dakota has 10 HUD-approved housing counseling agencies
The 10 whose HUD listing includes foreclosure or mortgage delinquency counseling, one dot per office, as of Nov 4, 2026. The listing below names them all.
- A HUD-approved housing counselor works at a nonprofit agency the U.S. Department of Housing and Urban Development has approved. Foreclosure counseling from one is free, and a counselor can help you talk to your mortgage company. HUD lists 10 approved agencies in South Dakota. HUD's line is 800-569-4287.
- Legal aid offices give free legal help to people with low incomes, including answering a foreclosure case. Each office serves set counties; find yours:
- East River Legal Services, 800-952-3015: 33 counties: Aurora County, Beadle County, Bon Homme County, Brookings County, Brown County, Clark County, Clay County, Codington County, Davison County, Day County, Deuel County, Douglas County, Edmunds County, Faulk County, Hamlin County, Hand County, Hanson County, Hutchinson County, Jerauld County, Kingsbury County, Lake County, Lincoln County, McCook County, McPherson County, Marshall County, Miner County, Minnehaha County, Moody County, Sanborn County, Spink County, Turner County, Union County, Yankton County.
- Dakota Plains Legal Services, Inc., 605-856-4444: 33 counties: Bennett County, Brule County, Buffalo County, Butte County, Campbell County, Charles Mix County, Corson County, Custer County, Dewey County, Fall River County, Grant County, Gregory County, Haakon County, Harding County, Hughes County, Hyde County, Jackson County, Jones County, Lawrence County, Lyman County, Meade County, Mellette County, Pennington County, Perkins County, Potter County, Roberts County, Oglala Lakota County, Stanley County, Sully County, Todd County, Tripp County, Walworth County, Ziebach County.
- A lawyer referral: the State Bar of South Dakota — free and low-cost help can point you to a foreclosure lawyer.
- A complaint about your mortgage company can go to the federal Consumer Financial Protection Bureau.
HUD-approved housing counselors in South Dakota, by city (10)
- Cccs of Lss - South Dakota, Aberdeen · 605-330-2700 · Website HUD-approved housing counselor · Languages: English, Spanish
- Cccs of Lss - South Dakota, Brookings · 605-692-9636 · Website HUD-approved housing counselor · Languages: English, Spanish
- Neighborworks Dakota Home Resources, Deadwood · 605-578-1401 · Website HUD-approved housing counselor
All 10 agencies
- Cccs of Lss - South Dakota, Huron · 888-258-2227 · Website HUD-approved housing counselor · Languages: English, Spanish
- Cccs of Lss - South Dakota, Mitchell · 605-996-0868 · Website HUD-approved housing counselor · Languages: English, Spanish
- Consumer Credit Counseling Service of the Black Hills, Rapid City · 605-348-4550 · Website HUD-approved housing counselor
- Black Hills Children's Ranch, Inc. - Pioneer Credit Counseling, Rapid City · 605-348-1608 · Website HUD-approved housing counselor · Languages: English, Spanish
- Lutheran Social Services of South Dakota - Cccs, Sioux Falls · 605-330-2700 · Website HUD-approved housing counselor · Languages: English, Spanish
- Cccs of Lss - South Dakota, Watertown · 605-882-2228 · Website HUD-approved housing counselor · Languages: English, Spanish
- Cccs of Lss - South Dakota, Yankton · 605-665-2106 · Website HUD-approved housing counselor · Languages: English, Spanish
Legal aid offices in South Dakota (2)
- Dakota Plains Legal Services, Inc. · 605-856-4444 · Website Legal aid
- East River Legal Services · 605-336-9230 · Website Legal aid
Listings come from the HUD Housing Counselor API and the Legal Services Corporation grantee list, as of Nov 4, 2026. American Default Research does not endorse or rank any provider. Credit counselors and other kinds of free help are in our help directory.
Sources and method
A summary of foreclosure law and practice in South Dakota, read from its laws and the federal servicing rules and checked Mar 10, 2026. It isn't legal advice: your mortgage sets specific terms, and courts and counties vary. For your situation, talk to a HUD-approved counselor, legal aid or a lawyer.
- 12 CFR 1024.41 · You fall behind on payments, at consumerfinance.gov
- SDCL § 21-48-6; SDCL § 21-48-6.1; SDCL § 21-48-9: The sale is advertised, at sdlegislature.gov
- SDCL § 21-48-3; SDCL § 21-47-10 · Catching up before the sale, at sdlegislature.gov
- SDCL § 21-48-10; SDCL § 21-48-13; SDCL § 21-48-21; SDCL § 21-48-23: The home is sold at auction, at sdlegislature.gov
- SDCL § 21-52-11; SDCL § 21-49-38; SDCL § 21-52-5; SDCL § 21-52-14; SDCL § 21-48-21; SDCL § 21-49-27; SDCL § 21-16-1: You can buy the home back, at sdlegislature.gov
- South Dakota law · the sale steps and notice periods, at sdlegislature.gov
- SDCL §§ 21-47-8, 21-47-10; 12 CFR 1024.41, at sdlegislature.gov
- SDCL §§ 21-52-11, 21-52-14, 21-49-12, 21-49-13(8), 21-49-34, 21-49-38, at sdlegislature.gov
- South Dakota Housing Development Authority (SDHDA), at sdhousing.org
- South Dakota HUD-Approved Housing Counseling, at hud.gov
- Dakota Plains Legal Services, at dpls.org
- Regulation X, 12 C.F.R. § 1024.39, at consumerfinance.gov
- 11 U.S.C. § 362, the automatic stay, at law.cornell.edu
- Federal Reserve Bank of Philadelphia, Consumer Credit Explorer; data sourced from NY Fed Consumer Credit Panel / Equifax. at philadelphiafed.org
- SDCL § 21-48-1 et seq. at sdlegislature.gov
- SDCL § 21-47-16, at sdlegislature.gov
- SDCL § 43-31-1 et seq. at sdlegislature.gov
We write with assistance from AI tools. Figures come from the data and sources named on this page.