Minnehaha County, South Dakota
Mortgage foreclosures sales are held every Wednesday starting at 11:00 a.m. and are held at the Sheriff's Office at 320 W 4th St. Sioux Falls, SD 57104, on the second floor lobby. Current listings are as follows:
* ALL Minnehaha County Mortgage Foreclosures will be scheduled at 11:00 a.m. on Wednesdays. The listings may not be read in the same order as they appear on the Minnehaha County website.
CIV18-0015500 LAKEVIEW LOAN SERVICING LLC VS NICOLE J NICOLET (HALLIDAY). 1318 NORTH MAIN SFSD 57104. JUDGMENT AMT $106,166.65.
CIV19-001541 BROKER SOLUTIONS, INC VS KIMBER JO MOOTS AND TIMOTHY C MOOTS (HALLIDAY). 112 E DOGWOOD ST BRANDON SD 57005. JUDGMENT AMT $176,015.01.
CIV20-000783 US BANK TRUST NA VS DUANE SCHAEFER AND JILL SCHAEFER (HALLIDAY). 46205 WEIS CIR HARTFORD SD 57033. JUDGMENT AMT $188,236.95.
The Minnehaha County Sheriff is required by law to conduct foreclosure sales in many instances. The following information is provided to assist you in becoming familiar with such sales. Please see the disclaimer at the bottom of this Procedure for important information.
The person requesting the sale, normally the Plaintiff in a foreclosure action who has obtained a judgment directing sale, should contact the Sheriff's Office to set a time and date for the sale. Sales are normally conducted at 11 a.m. on Wednesday mornings, in the front lobby of the Minnehaha County Courthouse. There will not be sales during any weeks in which Wednesday is a legal holiday.
The person requesting the sale should prepare a notice of sale and take it to the Sheriff's Office for signature, or mail it with a self-addressed postage-prepaid return envelope. (Note: The Sheriff's Office will not be responsible for filing the Notice of Sale with the Clerk of Courts.)
The person requesting the sale should publish the Notice of Sale at least once a week for two successive weeks in a legal newspaper of general circulation in each of the counties where the property is located.
Prior to the sale, parties who are interested in buying at the auction may wish to research the property’s title history. The Sheriff's Office makes no guarantees about the quality of title buyers will receive: and it cannot give legal advice to private citizens.
On date and time of the sale, the Sheriff will begin by reading the Notice of Sale and state that the following conditions will apply to bidding:
The Sheriff will start the bidding with any mail-in bids, or with an opening bid by the person requesting the sale. NOTE: The Sheriff’s Office is not responsible for mail-in bids that do not reach the person conducting the sale on time. Bidders mail in bids at their own risk)
Upon completion of the bidding. the Sheriff will announce that the bidding is closed: however, the auction will not be closed. If the successful bidder fails to bring a Certificate of Sale and full payment by 3:00 o’clock P.M. on the day of the sale, the second highest bidder (if there is one) will have an opportunity to purchase the property at the last amount she/he bid. Otherwise the person requesting the sale will have to initiate the sale process from the beginning, at his or her own expense. (NOTE: The Sheriff’s fees for sale must be paid for each sale conducted by the Sheriff. If a person requesting the sale is required to pay more than one fee, he or she will have to look to the defaulting buyer for recourse.)
The Sheriff will sign a Certificate of Sale, prepared by the Buyer. This Certificate must contain the following information:
The Buyer generally must file Certificate of Sale with Register of Deeds of the county where the property is located within 20 days of the sale. Once again, the Sheriff's Office does not file documents with other offices.
The owner's right of redemption (most commonly 180 days) begins on the day after the Certificate of Sale is recorded at the Register of Deeds. If the last day to redeem falls on Saturday, Sunday or legal holiday, the next weekday is considered the last day.
Persons seeking to redeem from foreclosure sales must obtain payoff information from the Buyer who purchased the property at the foreclosure sale. If time permits, the Sheriff's Office may contact the Buyer for a person seeking to redeem in order to confirm a payoff amount; but the Sheriff is not responsible for obtaining or obligated to obtain the payoff amount. The Sheriff's Office will sign a Certificate of Redemption once there is documentation presented indicating that the full amount due upon redemption, including redemption expenses of which the Sheriff has actual notice, is being paid. The Sheriff's Office has no responsibility or liability in any dispute between the parties as to whether the redemption amount encompasses any and/or all expenses due, as that dispute is only between the buyer and redeemer pursuant to South Dakota Codified Law. To avoid potential disputes between the buyer and redeeming party, persons wishing to redeem might wish to contact the Buyer from the foreclosure sale for payoff information well in advance of the end of the redemption period.
Unless the property has been redeemed, the Sheriff will sign a Deed, prepared by the Buyer, at any time on or after 181 days from the date the Certificate of Sale is recorded at the Register of Deeds.
Please note that this information is provided for the benefit of the public and is not offered as legal advice. Please refer to the published legal Notice of Sale in the newspaper for information regarding the property that is being sold. Any person needing legal advice will need to contact his or her own private attorney. The Sheriff is not responsible for any misrepresentations or omissions, intentional or otherwise, made by any persons, including Sheriff's office employees, as to the state of title, the existence or amounts of liens or encumbrances against the property, the value or condition of the property being sold; or the consequences of a bankruptcy proceeding that might affect the sale.