South Dakota Codified Laws

S.D. Codified Laws § 21-48-6 (2026)

Publication of notice of foreclosure--Contents of notice.

✓ current as of May 2026

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21-48-6. Publication of notice of foreclosure--Contents of notice.

Notice that such mortgage will be foreclosed by sale of the mortgaged premises, or some part of them, shall be given, by publishing the notice at least once each week for four successive weeks in a legal newspaper of the county where the premises intended to be sold, or some of them, are situated, if there be one in the county, and if not, in the nearest newspaper in the state. Every notice shall specify:

(1) The names of the mortgagor and mortgagee, and the assignee, if any;

(2) The date of the mortgage;

(3) The amount claimed to be due on the mortgage at the date of the notice;

(4) A description of the mortgaged premises, conforming substantially to that contained in the mortgage;

(5) The time and place of sale;

(6) A description of the default;

(7) That the mortgagor can apply for foreclosure by action pursuant to § 21-48-9;

(8) The name and address of all persons claiming a lien, encumbrance, or other recorded ownership interest in the property.

Source: CCivP 1877, §§ 600, 601; CL 1887, §§ 5414, 5415; RCCivP 1903, §§ 639, 640; RC 1919, §§ 2879, 2880; SL 1929, ch 177; SL 1931, ch 178; SDC 1939 & Supp 1960, § 37.3004; SL 2002, ch 101, § 1.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1986–2023 · leading case: Rosenberg v. Smidt, 727 P.2d 778 (Alaska 1986).

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Rosenberg v. Smidt, 727 P.2d 778 (Alaska 1986). · cites it 2× “, S.D. Codified Laws § 21-48-6 (1979) (notice by publication alone suffices); Utah Code Ann.”

Plains Com. Bank, Inc. v. Beck, 986 N.W.2d 519 (S.D. 2023). “See SDCL 21-48-6, - 6.1; SDCL 21-47-23. -34- #29512, #29560 mortgagee to initiate a foreclosure action rather than pursue a foreclosure by advertisement).”

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