South Dakota Lien Search

A South Dakota lien search refers to the procedure where an individual requests and inspects public records to determine if any liens are attached to a particular person or their property within South Dakota. In South Dakota, government agencies, including a county’s Register of Deeds, handle public records concerning liens. Generally, performing a lien search ensures a property title is free of encumbrances such as mortgage debt. Potential buyers and sellers of real estate and some personal assets, including motor vehicles, are generally advised to perform a lien search.

What is a Lien in South Dakota

Under South Dakota Codified Law Chapter 44-1-1, a lien is a charge or claim imposed on a specific property, making it security for a debt or payment obligation. When a debtor reneges on a contractual obligation or defaults on a loan, a creditor can put a lien on the debtor’s property to secure payment of the loan. Liens give creditors a legal interest in the property and give lienholders the legal right to seize or sell the debtor’s property to recover a debt.

Types of Liens in South Dakota

In South Dakota, liens can be attached to properties for various reasons. Such reasons include court judgments, mortgages, tax issues, loans, and construction bills. As a result of these, there are several different types of liens in South Dakota, including the following:

• Federal Tax Liens
• Mortgage Liens
• Mechanics and Materialmen’s Liens
• Vendors and Vendee’s Liens
• Manufacturers Liens
• Hospitals Liens

Liens in South Dakota can be grouped using simple criteria such as their general nature(general or special), how they are attached to the debtor(consensual or involuntary), or if they are mandated by law.

• General Liens in South Dakota

Under Chapter 44-1-2 of South Dakota codified laws, a general lien is one where the lienholder is entitled to enforce all the obligations or all of a particular class against the property owner. In South Dakota, general liens can be attached to all debtors’ assets, including real estate.

• Specific Liens

Specific liens in South Dakota are also known as special liens. A special lien is one that the lienholder can only enforce as security for a payment for a particular debt, act, or specific obligation.

• Consensual vs Involuntary Liens

Consensual liens are liens that are put in place with the consent of the debtor or property owner. These include mortgage agreements signed between a lender and a property owner. These types of liens are also called voluntary liens. On the other hand, involuntary liens are attached to a property without the owner's consent or permission. Examples of involuntary liens include federal and tax liens, which are attached automatically without the debtor’s consent by court judgments and tax authorities.

• Statutory Liens

A statutory lien refers to a lien that is based on statutes within state law instead of contractual agreements and common law. As a result, they can be considered involuntary liens as they do not require the debtor’s consent. Examples of statutory liens include judgment, federal tax, mechanics, and materialmen liens.

What is a Tax Lien in South Dakota

According to South Dakota laws, when a taxpayer fails or refuses to pay a tax, the taxes, penalties, and interest on such tax become a lien in favor of the state on all that taxpayer’s real and personal property, including any property rights. Certificates and notices affecting these liens must be filed in the office of the Register of Deeds in the county where the property subject to the lien is located. Tax liens in South Dakota attach to the debtor’s property when the taxes become due and remain attached until the taxes are paid.

Are Tax Liens Public Records?

Yes, in South Dakota, tax liens are generally considered public records. After a lien is filed with the county register of deeds by a government agency, it becomes a public record. The tax lien may also be held as public records by state tax authorities such as the South Dakota  Department of Revenue. As with other public records, it will be accessible by authorized individuals under South Dakota’s Public Record Laws.

Recording tax liens as public records helps ensure transparency and allow individuals such as researchers, creditors, and prospective buyers access to records that may affect property in the state. This may prevent any refinance, sale, or transfer of ownership of the affected property.

South Dakota Tax Lien Search

South Dakota tax liens can be found by contacting the Register of Deeds in the county where the lien was filed or where the property the lien is attached to is situated. Tax liens are filed at the county register of deeds by government agencies such as the State Department of Revenue or county treasurers. Record seekers can search for a South Dakota tax lien using the following options.

In-Person Requests

The county Register of Deeds where the lien was filed is the best option for finding tax lien information. During regular office hours, visitors can fill out a form and request a lien search from the office staff. There is usually a search fee and a per-copy fee for any physical copies of the lien required.

Mail Requests

Lien searches can also be done by mailing a written request to the Register of Deeds office where the lien was filed. Some registers of deeds provide a request form for state and federal tax lien searches. Requesters will need to add sufficient information for the request in the written request. Information required will include the subject's name, address, and legal description of the property with the lien. Sometimes, the last four digits of the debtor's social security number may be required. The requesting party must also provide their name, address, phone number, search fees, and any other copy fees.

Online Requests

Most county registers of deeds maintain an index of state and federal tax liens listed by debtor name. These lien indexes can be accessed online for free. Some registers of deeds offices maintain terminals where lien searchers may access the online index by themselves. Some counties, such as Fox River County in South Dakota, maintain a delinquent tax list that shows individuals and properties with liens attached. Individuals seeking liens filed under the Uniform Commercial Code can contact the South Dakota Secretary of State Office.

Federal Tax Lien Search

Under Chapter 44-7, federal tax liens in South Dakota are liens upon real property for tax obligations payable to the United States. These liens are also usually filled at the county register of deeds office where the property is located or where the lien was filed. A federal tax lien lookup is when a record seeker searches for federal tax lien information that is public record. Federal tax lien look-ups can be done at the register of deeds office where the lien was filed. Searches can be made in person at the office or by submitting a written request by mail. 

What is a Lien on Property in South Dakota

In South Dakota, a lien on a property is a legal claim attached to a debtor’s property that makes the property secure or collateral for the performance of an act. According to South Dakota Code Chapter 43-1, anything real and immovable or personal and movable of which there can be ownership is called property.

Real property is also called real estate and consists of anything affixed to land, related to land, and immovable by law. Examples can vary from land, buildings, cars, machinery, and tools affixed to a property like a mine or railway.

Who can put a lien on a property?

A lien can be attached to a piece of property by anyone the property owner owes money or the performance of an obligation in South Dakota. Liens can be attached to assets by many entities, including lenders, banks and other financial institutions, hospitals, contractors, the courts, or state and local tax authorities.

How to put a lien on property in South Dakota

The steps taken to place a lien on a property in South Dakota will usually depend on the type of lien to be filed. While some liens are filed automatically, some require debtors to receive prior notice of the filing. Depending on when they were filed, some liens will also have priority over any other liens on the same property. 

Prospective filers are advised to see legal advice and confirm South Dakota filing requirements before filing a lien. Some basic steps to filing a lien in South Dakota include:

• Locate the debtor's property and then confirm it belongs to them. At this point, it is advisable to perform a lien search on the property to verify its status and identify any other liens. Some liens have priority of payment in the case of sale or foreclosure. Priority is usually based on when the liens were filed.
• Prepare the lien document. The type of document may differ depending on the type of lien. For example, contractors seeking payment would prepare a mechanic’s lien statement, while a tax authority would prepare a tax lien certificate. The document should display information about the lien, including the debtor’s name, the filing party, and how much is owed.
• File the document. Next, if the lien is to be attached to a piece of property, file the prepared document with the Register of Deeds of the county where the property is located. Agriculture liens and liens on personal property can also be filed with the South Dakota Secretary of State.
• Pay any required filing fees for the lien. Filers should note that the price may vary based on location, document size, and if the debtor will be informed.

How to Find a Lien on Property in South Dakota

To find a lien on a property in South Dakota, the first place to check is the Register of Deeds office in the county where the property is located. Records requests can be directed to the South Dakota Secretary of State’s Office if the lien was attached to agricultural products or personal property.

Because there is no general repository for liens in South Dakota, hiring a title company to perform the lien search may be convenient. These companies deal with research involving real estate records, including liens. Individuals can also make a point of purchasing a title insurance policy. This will help ensure a property is free of ownership disputes and undisclosed liens.

Property Lien Search By Address

The request must provide certain information to request a property lien search from any government agency that provides them. Usually, this information includes the property owner’s name or the legal description of the property. Generally, performing a lien search solely based on a property’s address is challenging.

However, performing a lien search by address using third-party websites may be possible. Some of these sites provide addresses as search criteria, but it should be noted that there may be fees attached to services on these websites.

Free Lien Search on Property

Performing a free property lien search is as easy as visiting the register of deeds office where the lien was filed and speaking to the staff. Record seekers will be given access to the lien index, where they can search for the required records at no cost.

Most clerks of courts and registers of deeds in South Dakota also provide public terminals that allow record seekers to inspect public records, including liens, for free. It should be noted that inspecting the records is free, but physical copies will incur a copy fee.

What is a Mechanics Lien in South Dakota?

Under Chapter 44-9 of the South Dakota Code, Mechanic’s and Materialmen’s liens are claims attached to a property, making it a security for work provided by contractors. This work includes materials, labor, and services, including providing amenities like water and light for a property's improvement, development, and operation. Debtors must be notified by the creditor when they file a mechanics lien against their property. These liens are usually superior to other liens and have priority over any other lien of the property except liens filed by the state and federal governments.

South Dakota Mechanics Lien Search 

To search for a mechanic’s lien in South Dakota, follow the same process as any other property lien. Visit the Register of Deeds office in the county where the property is situated and request a public record search. Record inspections in person at the register’s office are usually free. Requesters may also mail a written request to the register’s office for a record search and copies of the search results. Some counter registers also provide search tools to search the lien index online on their website.

What is a Mortgage Lien in South Dakota?

A mortgage lien in South Dakota is an interest in real property given to the lienholder to secure a loan. This means the property owner or mortgagee has used the property as collateral to secure a loan for a lender. This is generally considered a voluntary lien because an agreement between a creditor and a debtor creates it. Where the property owner fails to pay his debt, the lien gives the lender the legal right to seize or resell the property to recover their loan.

What is a UCC Lien in South Dakota? 

A UCC lien is a lien that places a legal claim on the personal property of a debtor to secure their debt or obligation. The Uniform Commercial Code(UCC) is a collection of statutes designed to perfect commercial transactions. Liens filed under the UCC statutes are usually filed with the South Dakota Secretary of State.

UCC Lien Search South Dakota

A UCC lien search can be performed by submitting search requests to state and local agencies. The register of deeds in the county where the property is located will maintain records of liens attached to the property. UCC liens can also be searched via options provided by the South Dakota Secretary of State Office.

Recorder seekers can download, complete, and submit an SD information request form. The form can be submitted in person or by mail. Requests can also be submitted via email and fax machine. Record requests cost $20 per search per debtor, and copy fees are $1 per page. Payment is accepted via American Express, Visa, MasterCard, Discover, check, cash or money orders. It should be noted that there is an additional $5 convenience charge for search results to be returned by fax. Requests can be made to the Secretary of State Office using the following contact details:

Physical Address:

215 E. Prospect Ave.

Pierre, SD 57501

Mailing Address:

Secretary of State

Capitol Building

500 East Capitol Avenue

Pierre, SD 57501-5070

Phone: (605) 773-4422

Fax: (605) 773-4550

Email: sos.ucc@state.sd.us

The Secretary of State's office also answers telephone inquiries about UCC filings. However, the office limits the information and is not responsible for the completeness and accuracy of any information received verbally during a phone request.

Online Searches are available for users who join the UCC online database subscription service.

What is a Lien Title in South Dakota

A title lien in South Dakota refers to a lien placed on a vehicle or some other titled property. This lien acts as a claim on the vehicle, making it security or collateral for a debt. Until the debt is cleared, the lienholder has a legal interest in the vehicle. Title liens in South Dakota are recorded on the vehicle’s title at the South Dakota Department of Revenue-Motor Vehicle Division.

South Dakota Title Lien Search

Prospective buyers of used automobiles are expected to perform a title lien search before purchasing the vehicle. Such a search ensures the title is clean and avoids complications from lienholders or dishonest sellers.

In South Dakota, title liens on vehicles can be found by contacting the motor vehicle division of the South Dakota Department of Revenue. The search will require the vehicle’s title or the Vehicle Identification Number(VIN). There is also an online VIN search provided by the Motor vehicle division. 

Free Title Lien Search in South Dakota

The Division of Motor Vehicles under South Dakota’s Department of Revenue provides a public interface for VIN searches. This online VIN Check will provide information about the vehicle in question, including its lien status, at no cost.  

What is a Judgment Lien in South Dakota 

According to SD codified laws Chapter 15-16-7, when a monetary judgment against an individual is docketed with a clerk of the circuit court, it becomes a lien on all the debtor’s property in the county where the judgment was docketed. This gives the winner of the judgment a legal claim on all the debtor’s real and personal property in the county where the judgment was filed.

If the debtor fails to pay, the credit can enforce the judgment and seize or sell the debtor’s assets to clear the debt. The creditor must file the judgment at the county register of deeds to establish a judgment lien on the debtor’s property. Once the register of deeds records the judgment, the lien is created and remains attached to the property for ten years from docketing. 

South Dakota Judgment Lien Search

Judgment liens on a property can be found by contacting a few local agencies in the county where the judgment was docketed. The county register of deeds will have records of the judgment lien if it was filed, and the clerk of courts will provide access to records of the judgment and records concerning it. Record seekers may contact either of these agencies to perform a judgment lien search for properties within their county. It should be noted that a judgment only becomes a lien on a property if the judgment was docketed/filed in the county where the property is located.

How to Get a Lien Release in South Dakota 

A lien release document is proof that the debt or obligation that created the lien has been cleared and removes the claim on the debtor’s property. The type of document may differ a bit based on the type of lien but the steps to get a lien release are generally the same.

The first step to getting a lien release is to pay off the debt or satisfy whatever obligation created by the lien. Proof such as a check, receipt, or statement must be presented to the lienholder, and the debtor should request a lien release. This request is usually made in writing to the lienholder and may require filling out a form or paperwork. After receiving the request and proof of payment, the creditor/lienholder will begin the process to release the lien. This involves filling out a satisfaction of lien document or release of lien document. The lienholder will fill out and sign the document and then file it with the appropriate agency in the county where the property is situated. This agency is the original agency where the lien was filed initially, such as the Register of Deeds or the County Treasurer. After the agency records the release documents, the lean has been released. It is advisable to obtain a copy as proof the lien is released. After the process, perform a lien search or request an updated property title to ensure the release was successful.

In some cases in South Dakota, after the lien is satisfied, the lienholder has twenty days to execute a lien release after they receive the final payment.

How to Get a Copy of a Lien Release in South Dakota

To request a copy of a lien release letter in South Dakota, the record seeker can visit the agency where it was recorded. In South Dakota, this would be the Register of Deeds in the county where the lien and the release were filed. Record seekers simply have to visit the register’s office during regular business hours and make a public records request. The request can be submitted in person or via mail. Some offices also have options for fax, email, and online requests. Requesters should note that there will be a per-page fee for physical copies.