Serving South Dakota Since 1946

Eric R. Kerkvliet

Shareholder
Attorney -
Sioux Falls
Kerkvliet, Eric R.
(605) 332-5999
110 N. Minnesota Ave., Suite 400
Sioux Falls,
SD
57104

Admissions

  • 2007, South Dakota
  • 2009, Iowa
Eric R. Kerkvliet
Rated by Super Lawyers


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Eric has been practicing law in South Dakota and Iowa for more than 10 years. As a licensed attorney, real estate investor, and real estate broker, Eric is a uniquely qualified real estate attorney. He particularly enjoys representing syndicators of private equity funds organized to purchase multifamily real estate, along with representing sellers and buyers of residential, multi-family and commercial real estate. Eric is adept at simplifying complex transactions to achieve his client’s goals. In addition, he has assisted numerous clients in drafting contracts for deed, lease agreements, mechanic’s liens, easements, and other contracts and real estate documents.

Eric has also formed numerous limited liability companies (LLCs) for single-member and multi-member LLCs, and he regularly provides advice to LLCs owning real estate, as well as advising businesses regarding issues that arise in acquiring, owning, operating, and selling a business.

In addition, Eric has been involved in a variety of disputes involving real estate, including mortgage foreclosures, evictions, partition actions, disputes involving the failure of a seller to disclose known defects, foreclosures of mechanic’s liens and public improvement contract liens, and landlord-tenant disputes. He also represents creditors in collection matters and bankruptcy court (Chapters 7, 11, 12, and 13).

Eric has been recognized as a Super Lawyers Rising Star, as well as a Fellow in the American College of Mortgage Attorneys, where he serves as the State Chair of South Dakota. Eric has also been locally recognized as a trusted Business Whyse Advisor in the areas of business and real estate.

Eric and his wife, Brooke, have four children, and he enjoys golfing and attending all of his children’s many activities. Eric can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it..

Education

  • University of South Dakota School of Law, J.D., 2006
  • Augustana College, B.A., Economics, 2003

Memberships

  • American Bar Association
  • American Trial Lawyers Association
  • South Dakota Trial Lawyers Association
  • American College of Mortgage Attorneys

Honors & Awards

  • Great Plains Super Lawyers, Rising Star (2014-2016)
  • Thomas Sterling Honor Society
  • Dean’s List
  • John F. Hagemann Public Service Award

Reported Cases / Representative Clients

• Represented several syndicators of private equity investments for purchasing multifamily real estate
• Represented a court-appointed receiver in a multi-million dollar foreclosure of real estate with environmental concerns
• Regular representation of lenders, debt buyers, Sheriff’s Sale purchasers, and junior lienholders in foreclosure actions
• Ongoing representation of property management companies and landlords in eviction matters and providing general business advice
• Multiple cases of representation of title insurance companies in disputes with their lender insureds
• Successful representation of tenant before the Sioux Falls Human Relations Commission involving a landlord’s failure to comply with the Fair Housing Act and Sioux Falls City Ordinances
• Successfully obtained and transferred a nearly $175,000 judgment to North Dakota before executing and levying on judgment in full satisfaction of debt owed to creditor client
• Negotiated complex forbearance agreement and successfully collected on indebtedness secured by forbearance agreement, which exceeded $1,000,000 for the creditor client

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