What is South Dakota's law on recording priority (race-notice)?

South Dakota is a race-notice state. (SDCL § 43-28-15)

South Dakota law

Real Estate Laws in South Dakota.

South Dakota real estate practice covers deeds, title, residential seller disclosures, homestead, and foreclosure. South Dakota permits both judicial and nonjudicial foreclosure. Nonjudicial foreclosure (under mortgage with power of sale or contract-for-deed forfeiture) is available but requires strict statutory compliance. South Dakota has a distinctive 1-year post-foreclosure-sale redemption period. South Dakota's homestead exemption is UNLIMITED in value (like Oklahoma, Texas, and Florida) — one of the strongest in the U.S.

Last verified: 2026-04-17

State law

Key South Dakota Statutes

Judicial ForeclosureSDCL Chapter 21-48

Traditional judicial foreclosure available. Requires filing, service, judgment, and sheriff's sale.

Nonjudicial Foreclosure (Power of Sale)SDCL Chapter 21-49

Nonjudicial foreclosure permitted where mortgage contains power-of-sale clause. Requires Notice of Sale with 3-week publication and notice to mortgagor.

Post-Sale Redemption (1 Year)SDCL § 21-49-24

South Dakota provides a 1-year post-sale redemption period for residential foreclosures — longer than most states.

Unlimited Homestead ExemptionSDCL § 43-31-1

South Dakota homestead protects up to 1 acre in town or 160 acres outside with UNLIMITED VALUE PROTECTION against general creditors. Limited value cap ($170,000) applies specifically for Medicaid estate recovery. Among the strongest homestead protections in the U.S.

Residential Real Property DisclosureSDCL § 43-4-38

Sellers of residential real property must provide a Seller's Property Disclosure Statement covering material defects.

Mechanics' LiensSDCL Chapter 44-9

Contractors, subcontractors, and suppliers may file mechanics' liens against improved real property. Filing deadline: 120 days from last furnishing.

Recording Priority (Race-Notice)SDCL § 43-28-15

South Dakota is a race-notice state.

State law

Official Sources

South Dakota Codified Laws SD Real Estate Commission

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in South Dakota.

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Real Estate Laws in South Dakota.

Key South Dakota Statutes

Official Sources

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