South Dakota Deed of Trust Form

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South Dakota Deed of Trust Form

A South Dakota deed of trust is a legal document that enables a borrower to transfer a property title to a trustee as security for a real estate loan. The property title is transferred back from the trustee to the borrower when their obligation to the lender is settled.

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Last updated June 4th, 2025

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A South Dakota deed of trust is a legal document that enables a borrower to transfer a property title to a trustee as security for a real estate loan. The property title is transferred back from the trustee to the borrower when their obligation to the lender is settled.

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South Dakota trust deeds are recorded with the Register of Deeds.[1] The document must be notarized and adhere to the following recording standards[2]:

  • 3″ top margin, right half for the register of deeds, left half for document preparer
  • 1″ margin on all other sides
  • Black ink, minimum 10pt font size
  • White, 20lb paper between 8.5″ x 11 and 8.5″ x 14″

Mortgage vs Deed of Trust

South Dakota permits the use of trust deeds and mortgages.

Mortgage – Involves two parties: the borrower and the lender. If the borrower defaults on the loan, the foreclosure process will usually pass through the court.

Deed of trust – Made between the lender, borrower, and a neutral trustee. In the event of default, the lender initiates a non-judicial foreclosure process, which means they can foreclose on and sell the property without the court’s involvement. 

Deed of Trust (Preview)

Sources

  1. § 43-28-1
  2. §§ 43-25-26, 43-28-23