South Dakota Surplus Funds Laws
How mortgage foreclosure surplus, tax sale surplus and unclaimed funds work in South Dakota.
Mortgage foreclosure surplus
For foreclosure by advertisement, S.D. Codified Laws § 21-48-16 requires surplus to be paid to the circuit court clerk and mailed notice to mortgagor and junior lienholders. For judicial foreclosure, §§ 21-47-12 and 21-47-18 govern court-controlled distribution. Section 21-48-16 sets no fixed general owner application cutoff for money deposited with the clerk. Request disbursement in the foreclosure court promptly. Property redemption periods under chs. 21-48 and 21-48A are separate.
Tax sale surplus
S.D. Codified Laws § 10-25-39, amended in 2024 and 2025, directly requires return of tax-deed sale surplus to the prior record owner after taxes, penalties, interest, county liens and costs. If the prior record owner cannot be found within 180 days, § 10-25-39 requires transfer of surplus to the Unclaimed Property Division; this is a county transfer trigger, not a permanent bar to an owner claim. Tax-certificate redemption before deed is separate.
Unclaimed funds
South Dakota Uniform Unclaimed Property Act, S.D. Codified Laws ch. 43-41B; § 43-41B-25 governs owner claims to the administrator. Section 43-41B-25 has no fixed general initial owner-claim cutoff. The administrator has 180 days to consider a filed claim; deadlines for judicial review after denial are separate.
Statute text
Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.
