South Dakota Judicial Foreclosure Defense Answer
SOUTH DAKOTA JUDICIAL FORECLOSURE DEFENSE ANSWER
Use this answer for a circuit-court mortgage foreclosure complaint. For an ordinary judicial foreclosure, serve the answer within 30 days after service of the complaint, unless a statute, rule, or court order changes the deadline (S.D. Codified Laws § 15-6-12(a)). A mortgage governed by the One Hundred Eighty Day Redemption Mortgage Act has its own answer provision in § 21-49-21; check the mortgage for the election described in § 21-49-12. File the answer and proof of service with the court promptly after service under § 15-6-5(d). Copy the caption, case number, and paragraph numbering from the papers served on you. State only defenses supported by the facts.
| Party | Role |
|---|---|
| [PLAINTIFF NAME], | Plaintiff |
| v. | |
| [DEFENDANT NAME], | Defendant |
IN THE CIRCUIT COURT OF THE [NUMBER] JUDICIAL CIRCUIT, [COUNTY] COUNTY, SOUTH DAKOTA
Case No.: [CASE NUMBER]
Defendant's answer to complaint for mortgage foreclosure
Defendant [NAME] answers Plaintiff's complaint as follows. Each response below identifies the corresponding complaint paragraph. Add rows for every numbered allegation, including each exhibit incorporated into an allegation. Do not use a denial where a fact is known to be true.
| Complaint paragraph | Response: admit, deny, admit in part with the admitted facts identified, or lack knowledge sufficient to form a belief | Facts explaining a partial admission or denial, if useful |
|---|---|---|
| [1] | [RESPONSE] | [FACTS OR NONE] |
| [2] | [RESPONSE] | [FACTS OR NONE] |
| [3] | [RESPONSE] | [FACTS OR NONE] |
| [ADD EACH REMAINING PARAGRAPH] | [RESPONSE] | [FACTS OR NONE] |
Separately stated defenses
Keep only the defenses supported by documents or personal knowledge. A defense listed here is asserted only if its factual statement is completed. Add separate numbered paragraphs for any additional defense.
-
Payment or credit. Plaintiff's claimed balance fails to credit [PAYMENT, CREDIT, DATE, AMOUNT, AND RECORD]. The resulting disputed amount is [AMOUNT OR METHOD OF CALCULATION].
-
Disputed contract condition or notice. The mortgage or note provision Plaintiff relies on is [IDENTIFY PROVISION]. The condition Plaintiff says was met is disputed because [SPECIFIC FACTS AND DOCUMENTS].
-
Disputed mortgage interest or assignment. The claimed chain of mortgage or note transfers is disputed as to [IDENTIFY TRANSFER OR INTEREST] because [SPECIFIC FACTS AND DOCUMENTS].
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Other avoidance or affirmative defense. [NAME THE DEFENSE, SUCH AS RELEASE OR WAIVER, AND SET OUT EACH FACT SUPPORTING IT; OTHERWISE DELETE THIS PARAGRAPH].
Request for relief
Defendant asks the court to deny foreclosure to the extent Plaintiff has not established the claim, determine the amount actually due after proven payments and credits, consider the defenses stated above, and grant any further relief authorized by the facts and law.
Dated: [__/__/____]
Signature: [SIGNATURE]
Printed name and role: [NAME; DEFENDANT OR ATTORNEY]
Address: [STREET, CITY, STATE, ZIP]
Telephone, if any: [NUMBER OR NONE]
Email, if used for this case: [EMAIL OR NONE]
Certificate of service
I certify that on [__/__/____], I served this answer by first-class mail on [PLAINTIFF'S ATTORNEY OF RECORD, OR PLAINTIFF IF UNREPRESENTED] at [SERVICE ADDRESS]. If a different service method was used, replace this sentence with the true method, recipient, and date permitted by S.D. Codified Laws § 15-6-5(b).
Signature of person who served: [SIGNATURE]
Official sources
About this template
- Last updated
- November 2, 2026
- Jurisdiction
- South Dakota
- Category
- Real Estate
Legal authority
- S.D. Codified Laws § 21-47-1
- S.D. Codified Laws § 15-5-1
- S.D. Codified Laws § 15-6-12(a)
- S.D. Codified Laws § 21-49-12
- S.D. Codified Laws § 21-49-21
- S.D. Codified Laws § 15-6-8(b)
- S.D. Codified Laws § 15-6-8(c)
- S.D. Codified Laws § 15-6-10(a)
- S.D. Codified Laws § 15-6-10(b)
- S.D. Codified Laws § 15-6-11(a)
- S.D. Codified Laws § 15-6-5(b)
- S.D. Codified Laws § 15-6-5(d)
Real estate documents transfer ownership, define who can use a property, and record agreements between buyers, sellers, landlords, and tenants. Deeds, purchase agreements, leases, and easements have to be drafted to meet state recording requirements, and mistakes show up at closing or years later in title disputes. Good real estate paperwork moves transactions forward quickly and avoids the kind of problems that only surface when it is time to sell or refinance.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
S.D. Codified Laws § 21-47-1 (checked November 2, 2026): "Actions for the foreclosure or satisfaction of mortgages may be brought in the circuit court for the county where the mortgaged real property or some portion thereof is situated,"
S.D. Codified Laws § 15-5-1 (checked November 2, 2026): "For the foreclosure of a mortgage of real property"
S.D. Codified Laws § 15-6-12(a) (checked November 2, 2026): "A defendant shall serve the answer within thirty days after the service of the complaint upon defendant, except when otherwise provided by statute or rule."
S.D. Codified Laws § 21-49-12 (checked November 2, 2026): "Any mortgage containing the following statement in printed or typed capital letters: "THE PARTIES AGREE THAT THE PROVISIONS OF THE ONE HUNDRED EIGHTY DAY REDEMPTION MORTGAGE ACT GOVERN THIS MORTGAGE," shall be subject to the provisions of this chapter."
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