Can a South Dakota foreclosure move faster when the house is abandoned?
Yes, for mortgages written under the one hundred eighty day redemption mortgage law: if the court finds the borrower abandoned the property, it can shorten the redemption period, though not below sixty days from the recording of the certificate of sale.
Unless redeemed within 180 days, or 60 days if the property is abandoned, counted from recording of the certificate of sale, the seller must give the buyer a deed.
These rules cover only a mortgage that states, in capital letters, that the one hundred eighty day redemption mortgage act governs it. Otherwise, everyone entitled to redeem after a foreclosure sale gets one year from the sale.
Such a mortgage can also let the lender, in a foreclosure, appoint a receiver to take possession of abandoned premises, or have the circuit court appoint one. Until redemption runs out, the court can order a stop to waste on the property when the buyer or judgment creditor asks.
Holding a South Dakota house that sits empty while the loan payments fall behind? See how foreclosure unfolds in South Dakota so the timeline isn't a surprise.
Can a South Dakota neighbor sue over a run-down house that's a nuisance?
Yes, when the nuisance harms the neighbor's property or lessens their enjoyment of it. Such a person can bring a civil action, and the court can order the nuisance stopped or abated and award damages.
Under state law, a nuisance includes an unlawful act or failure to perform a duty that annoys, injures or endangers the comfort, health or safety of others. It also includes anything that in any way makes other people insecure in life or in the use of their property.
A new owner who neglects to abate a continuing nuisance left by a former owner is liable for it just as the one who created it.
A public body or officer can bring the same kind of suit against a public nuisance when the law or its duties authorize it.
How can a South Dakota city or county clean up or tear down a dilapidated building?
Every South Dakota city has the power to decide what counts as a nuisance and to prevent, abate and remove it. A public body or officer authorized by law can abate a public nuisance without first going to court.
A county can pass an ordinance to declare and abate public nuisances outside city limits.
A city, county or township can recover the cleanup cost through an assessment against the property where the nuisance was. For an unsafe or dilapidated building, it can instead sue the owner for what the abatement cost.
Within fire limits it sets, a city can require a building damaged by fire, decay or otherwise to half its value to be torn down or removed.
What happens when the property taxes on a South Dakota house aren't paid?
Each December the county treasurer offers a tax certificate on the property, and three years after that sale the certificate holder can begin proceedings for a tax deed.
Unless the county commission votes to allow sales, the county keeps the tax certificate itself. Where certificates are sold, bidders compete on interest rate, and no bid above ten percent a year is valid.
The owner's right to redeem lasts until sixty days after proof of service of the tax deed notice is filed.
A county that takes a property by tax deed must sell it as surplus property within one year. Anyone else who gets a tax deed on a certificate must offer the property at public auction within one year.
Money left after the taxes, interest, county liens and costs are paid goes back to the prior owner of record. If that owner can't be found within 180 days, the money goes to the state's Unclaimed Property Division.
How do you report a neglected vacant building in Aberdeen, South Dakota?
In Aberdeen, report a code enforcement or building inspection concern through the city's online Report a Concern forms, which require a website account. After a complaint, Aberdeen code enforcement officers inspect, and if they find a violation, the owner gets a Letter of Notice to make repairs or clean up.
Aberdeen runs a program for identifying and registering nuisance vacant buildings; Code Enforcement answers questions at 605-626-7017.
You can also tell me where it is. I'll find out who owns it and reach out about buying it and fixing it up.