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FinancingState_specific_lendingHARD

A lender forecloses on a residential property in Aberdeen, South Dakota. The sheriff's sale occurs on March 1. The borrower does not redeem the property during the statutory period. On what date does the borrower's statutory right of redemption expire, and what happens to the title at that point?

Correct Answer

B) The redemption right expires on August 28 (180 days after the sale), and title vests in the purchaser at the sheriff's sale.

Under SDCL Chapter 21-47, the statutory redemption period for residential property is 180 days from the date of the sheriff's sale. Starting from March 1, 180 days later falls on August 28 (March has 31 days: 30 remaining days in March + 30 in April + 31 in May + 30 in June + 31 in July + 28 days into August = 180 days). Upon expiration of the redemption period without redemption, title vests in the purchaser at the sheriff's sale by operation of law.

Answer Options
A
The redemption right expires on June 1 (90 days after the sale), and title passes to the highest bidder at the sheriff's sale.
B
The redemption right expires on August 28 (180 days after the sale), and title vests in the purchaser at the sheriff's sale.
C
The redemption right expires on March 1 of the following year (12 months after the sale), and title reverts to the lender.
D
The redemption right expires on September 1 (6 months after the sale by calendar month count), and title passes to the purchaser at the sheriff's sale.

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Related Topics & Key Terms

Key Terms:

foreclosureredemption_periodsheriffs_saletimelineresidentialsd_specific

Related Concepts

RESPA is a federal law that requires lenders to provide borrowers with information about settlement costs, prohibits kickbacks and referral fees, and limits escrow account deposits. It applies to federally related mortgage loans.

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