You can claim it yourself, for free

Checklist: South Dakota, money left over after a foreclosure sale

Who holds it: Clerk of the circuit court in the county of sale. This applies to court foreclosures and to foreclosures by advertisement.

How long: Held by the clerk until the court decides who gets it. After 3 months it may be put in an interest-bearing deposit for whoever is entitled.

How you claim: Ask the circuit court holding the surplus to order it paid to you. For a foreclosure by advertisement, the sheriff must mail the mortgagor a notice that the surplus was deposited.

Your deadline: ____________ (confirm it with the clerk)

Steps

1. Watch for the sheriff's mailed notice that surplus was deposited with the clerk.
2. Contact the clerk of the circuit court in the county of sale to get the case and amount.
3. File a request in that court asking it to order the surplus paid to you.
4. Expect junior lienholders to be considered too. They are also notified of the deposit.

Documents

• A court filing asking for the surplus and showing you are the mortgagor or another entitled person

What it costs you

Not researched yet — ask the clerk

If someone offers to do it for you

• Fee limits: Not researched yet — ask the clerk.
• You never need to pay anyone to file.

Official links

• SDCL 21-47-18 (court foreclosure: surplus paid into court): https://sdlegislature.gov/api/Statutes/21-47-18.html
• SDCL 21-48-16 (foreclosure by advertisement: surplus to clerk): https://sdlegislature.gov/api/Statutes/21-48-16.html
• SDCL 21-48-17 (clerk holds surplus): https://sdlegislature.gov/api/Statutes/21-48-17.html