South Dakota Redemption Rights — Reclaiming Your Property After Sale
Reinstatement before sale and statutory redemption after sale — your rights to keep or reclaim your home in South Dakota.
Pre-sale reinstatement vs. post-sale redemption
| Reinstatement | Redemption | |
|---|---|---|
| When | Before the foreclosure sale | After the foreclosure sale |
| Amount owed | Arrears + fees + costs | Full loan balance + fees + costs |
| Available in South Dakota | Yes — any time before the sale — where the mortgage is payable in installments, borrower may bring into court the principal and interest due, with costs, which stays the foreclosure proceedings until a further default §21-47-10 | Yes — 1 year from the date of sale, except for a mortgage governed by the One Hundred Eighty Day Redemption Mortgage Act (chapter 21-49), which follows that chapter's separate redemption period §21-52-11; §21-52-5 |
| Effect | Loan continues as if no default | Property returned to borrower; sale reversed |
Reinstatement
South Dakota allows reinstatement — paying all past-due amounts, fees, and costs to bring the loan current and stop the foreclosure. The deadline to reinstate is any time before the sale — where the mortgage is payable in installments, borrower may bring into court the principal and interest due, with costs, which stays the foreclosure proceedings until a further default §21-47-10.
Statutory redemption
After the foreclosure sale, owner, mortgagor, or judgment debtor, or their successors having an interest in the property sold, and holders of junior liens on the property may redeem the property within 1 year from the date of sale, except for a mortgage governed by the One Hundred Eighty Day Redemption Mortgage Act (chapter 21-49), which follows that chapter's separate redemption period §21-52-11; §21-52-5. To redeem, you must pay the full sale price (or the full debt, depending on state law) plus interest and costs. During the redemption period, the borrower may retain possession in some states.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
- Deadline: any time before the sale — where the mortgage is payable in installments, borrower may bring into court the principal and interest due, with costs, which stays the foreclosure proceedings until a further default
- Redemption period: 1 year from the date of sale, except for a mortgage governed by the One Hundred Eighty Day Redemption Mortgage Act (chapter 21-49), which follows that chapter's separate redemption period
- Eligible to redeem: owner, mortgagor, or judgment debtor, or their successors having an interest in the property sold, and holders of junior liens on the property