Star Thing Wind › States › South Dakota
Midwest
Surplus funds in South Dakota.
When a property in South Dakota sells at a tax sale or a foreclosure sale for more than what was owed, the extra can belong to the former owner. Here is who holds it, the law behind it, and every county office linked so you can check for yourself, free.
Star Thing Wind is a private company, not the Clerk or any government office.
Foreclosure sales here
Both judicial and non-judicial.
Our fee here
We don't offer paid help in South Dakota. You can claim surplus here yourself, free; see below.
Tax sale surplus
Lien-certificate state. After a tax deed issues, the county (or a private tax-deed holder) must sell the property at public sale within one year. Surplus left after the taxes, penalty, interest, county liens and costs must be returned to the prior owner of record. If the owner cannot be found within 180 days, it goes to the state Unclaimed Property Division (SDCL 10-25-39, 10-25-39.1, 10-25-39.2).
- SDCL 10-25-39 (tax deed sale proceeds; surplus returned to prior owner of record, to Unclaimed Property Division after 180 days if owner not found)
- SDCL 10-25-39.1 (county holding tax deed must sell within one year; proceeds distributed under 10-25-39)
- SDCL 10-25-39.2 (private tax-deed holder must auction within one year; 2024 law)
Foreclosure surplus
Mortgages with a power of sale can be foreclosed by advertisement through a sheriff's sale, but the owner or another interested party can force the lender to foreclose through the courts instead (SDCL 21-48-9). After a sheriff's sale, the sheriff deposits any surplus with the clerk of circuit court and mails notice to the mortgagor and junior lienholders; in a court foreclosure the surplus is held subject to court order. A former owner claims it by applying to the circuit court that holds it. No statutory claim deadline was found: if the money is not claimed for three months, the clerk or court may invest it and keep holding it for whoever is entitled.
Fees and assignments. No specific statute found capping or banning fees or assignments for recovering South Dakota foreclosure surplus. If surplus reaches the state as unclaimed property, SDCL 43-41B-36 makes recovery agreements unenforceable if made within 12 months before reporting or 24 months after remittance. Later agreements charging over 25% are invalid unless written and signed by the owner. Violation is a Class 1 misdemeanor.
- SDCL 21-48-16 (surplus from sale by advertisement paid to clerk of circuit court; notice to mortgagor)
- SDCL 21-48-17 (clerk may invest surplus held over three months)
- SDCL 21-47-18 (judicial foreclosure: surplus paid into court for defendant or person entitled)
- SDCL 21-48-9 (owner or lienholder may require foreclosure by action)
- SDCL ch. 21-48 (foreclosure by advertisement, incl. 21-48-1 power of sale and 21-48-9 right to require foreclosure by action)
- SDCL 43-41B-36 (agreements to locate reported unclaimed property; 25% limit)
Claiming it yourself
We don't offer paid help in South Dakota. You can claim surplus here yourself, free.
See the free self-filing steps →Every South Dakota county office(66)
Surplus is public record. Call the office that held the sale with the parcel or case number; in most places it will confirm whether a surplus exists, how much, and the deadline. Self-filing is free. Each entry links the county's tax office and court clerk where the directory lists them, plus the full set of county offices.
- AuroraAll county offices (NETR)Map: Aurora
- BeadleAll county offices (NETR)Map: Beadle
- BennettAll county offices (NETR)Map: Bennett
- Bon HommeAll county offices (NETR)Map: Bon Homme
- BrookingsAll county offices (NETR)Map: Brookings
- BrownAll county offices (NETR)Map: Brown
- BruleAll county offices (NETR)Map: Brule
- BuffaloAll county offices (NETR)Map: Buffalo
- ButteAll county offices (NETR)Map: Butte
- CampbellAll county offices (NETR)Map: Campbell
- Charles MixAll county offices (NETR)Map: Charles Mix
- ClarkAll county offices (NETR)Map: Clark
- ClayAll county offices (NETR)Map: Clay
- CodingtonAll county offices (NETR)Map: Codington
- CorsonAll county offices (NETR)Map: Corson
- CusterCuster Treasurer (605) 673-8114All county offices (NETR)Map: Custer
- DavisonAll county offices (NETR)Map: Davison
- DayAll county offices (NETR)Map: Day
- DeuelAll county offices (NETR)Map: Deuel
- DeweyAll county offices (NETR)Map: Dewey
- DouglasAll county offices (NETR)Map: Douglas
- EdmundsAll county offices (NETR)Map: Edmunds
- Fall RiverAll county offices (NETR)Map: Fall River
- FaulkAll county offices (NETR)Map: Faulk
- GrantAll county offices (NETR)Map: Grant
- GregoryAll county offices (NETR)Map: Gregory
- HaakonAll county offices (NETR)Map: Haakon
- HamlinAll county offices (NETR)Map: Hamlin
- HandAll county offices (NETR)Map: Hand
- HansonAll county offices (NETR)Map: Hanson
- HardingAll county offices (NETR)Map: Harding
- HughesAll county offices (NETR)Map: Hughes
- HutchinsonAll county offices (NETR)Map: Hutchinson
- HydeAll county offices (NETR)Map: Hyde
- JacksonAll county offices (NETR)Map: Jackson
- JerauldAll county offices (NETR)Map: Jerauld
- JonesAll county offices (NETR)Map: Jones
- KingsburyAll county offices (NETR)Map: Kingsbury
- LakeAll county offices (NETR)Map: Lake
- LawrenceAll county offices (NETR)Map: Lawrence
- LincolnAll county offices (NETR)Map: Lincoln
- LymanAll county offices (NETR)Map: Lyman
- MarshallMarshall Treasurer (605) 448-2451All county offices (NETR)Map: Marshall
- McCookAll county offices (NETR)Map: McCook
- McPhersonAll county offices (NETR)Map: McPherson
- MeadeAll county offices (NETR)Map: Meade
- MelletteAll county offices (NETR)Map: Mellette
- MinerAll county offices (NETR)Map: Miner
- MinnehahaAll county offices (NETR)Map: Minnehaha
- MoodyMoody TreasurerAll county offices (NETR)Map: Moody
- PenningtonAll county offices (NETR)Map: Pennington
- PerkinsAll county offices (NETR)Map: Perkins
- PotterAll county offices (NETR)Map: Potter
- RobertsAll county offices (NETR)Map: Roberts
- SanbornAll county offices (NETR)Map: Sanborn
- ShannonAll county offices (NETR)Map: Shannon
- SpinkAll county offices (NETR)Map: Spink
- StanleyAll county offices (NETR)Map: Stanley
- SullyAll county offices (NETR)Map: Sully
- ToddAll county offices (NETR)Map: Todd
- TrippAll county offices (NETR)Map: Tripp
- TurnerAll county offices (NETR)Map: Turner
- UnionAll county offices (NETR)Map: Union
- WalworthAll county offices (NETR)Map: Walworth
- YanktonYankton Treasurer (605) 260-4400 7All county offices (NETR)Map: Yankton
- ZiebachAll county offices (NETR)Map: Ziebach
Check this yourself
This page is plain-language orientation, not legal advice. Statutes were checked against official sources in October 2026, and county links come from the NETR public-records directory, an independent resource. Laws and county procedures change, so confirm with the office before you rely on any of it. You can always file a claim yourself with no recovery fee (a court or notary may charge a small fee).