Skip to content

South Dakota · ForeclosureSouth Dakota redemption after foreclosure: one year, or 180 days under a short redemption mortgage

In South Dakota, redemption is the right to repay the amount paid for real property sold on foreclosure of a real estate mortgage, on special or general execution against a judgment debtor, or on foreclosure of any lien other than for taxes or special assessments (SDCL 21-52-1). All persons entitled to redeem have one year from the date of sale, except under a one-hundred-eighty-day redemption mortgage (SDCL 21-52-11). The judgment debtor or its successor and the holders of any lien junior to the one foreclosed may redeem during the redemption period (SDCL 21-49-33) by paying the purchase price plus sums the purchaser paid to protect its interest – taxes, insurance, maintenance reasonably incurred to preserve the property and payments on a superior lien – with interest at the mortgage rate (SDCL 21-49-34). Until the period expires, the court may restrain waste, though ordinary continued use isn't waste (SDCL 21-52-2).

What the statutes set

  1. Sales covered (SDCL 21-52-1)

    Mortgage foreclosure, execution and lien foreclosure sales.

  2. One year (SDCL 21-52-11)

    From the sale, except a 180-day redemption mortgage.

  3. Who redeems (SDCL 21-49-33)

    The debtor or successor and junior lienholders.

  4. Price (SDCL 21-49-34)

    Purchase price plus taxes, insurance, maintenance and superior lien payments, with interest.

What the TC checks when buying South Dakota property after a foreclosure sale

  • Find out whether the property is still within a redemption period and when it ends.
  • Ask the title company whether it will insure before the redemption period expires.
  • Track the redemption deadline as a dated task and keep the closing date after it.

Questions about South Dakota redemption after foreclosure

How long is the South Dakota redemption period?

One year from the sale, except under a 180-day redemption mortgage (SDCL 21-52-11).

Who can redeem South Dakota property after foreclosure?

The judgment debtor or successor and holders of liens junior to the one foreclosed (SDCL 21-49-33).

Add the redemption deadline as a dated task on the deal in ClosingCode.

Start free trial

Sources: SDCL 21-52-1, 21-52-2, 21-52-11, 21-49-33, 21-49-34 (sdlegislature.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.