reglab/housing_qa huggingface dataset:
SD Codified L § 21-48-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-5 - Mortgage for installments deemed separate mortgage for each installment--Effect of redemption by installments.

21-48-5. Mortgage for installments deemed separate mortgage for each installment--Effect of redemption by installments.In cases of mortgages given to secure the payment of money by installments, each of the installments mentioned in such mortgage, after the first, shall be taken and deemed to be a separate and independent mortgage, and such mortgage, for each of such installments, may be foreclosed in the same manner, and with like effect, as if such separate mortgage were given for each subsequent installment; and a redemption of any such sale shall have like effect as if the sale for such installment had been made upon a prior, independent mortgage. Source: CCivP 1877, §599; CL 1887, §5413; RCCivP 1903, §638; RC 1919, §2878; SDC 1939 & Supp 1960, §37.3003.
SD Codified L § 21-48-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-6 - Publication of notice of foreclosure--Contents of notice.

21-48-6. Publication of notice of foreclosure--Contents of notice.Notice that such mortgage will be foreclosed by sale of the mortgaged premises, or some part of them, shall be given, by publishing the notice at least once each week for four successive weeks in a legal newspaper of the county where the premises intended to be sold, or some of them, are situated, if there be one in the county, and if not, in the nearest newspaper in the state. Every notice shall specify:(1)The names of the mortgagor and mortgagee, and the assignee, if any;(2)The date of the mortgage;(3)The amount claimed to be due on the mortgage at the date of the notice;(4)A description of the mortgaged premises, conforming substantially to that contained in the mortgage;(5)The time and place of sale;(6)A description of the default;(7)That the mortgagor can apply for foreclosure by action pursuant to §21-48-9;(8)The name and address of all persons claiming a lien, encumbrance, or other recorded ownership interest in the property. Source: CCivP 1877, §§600, 601; CL 1887, §§5414, 5415; RCCivP 1903, §§639, 640; RC 1919, §§2879, 2880; SL 1929, ch 177; SL 1931, ch 178; SDC 1939 & Supp 1960, §37.3004; SL 2002, ch 101, §1.
SD Codified L § 21-48-6.1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-6.1 - Written notice of foreclosure sale required--Time--Parties.

21-48-6.1. Written notice of foreclosure sale required--Time--Parties.At least twenty-one days prior to the date set for sale, the foreclosing creditor shall serve a written copy of the notice of foreclosure sale on the mortgagor and any lien holder or encumbrancer whose interest in the property being foreclosed would be affected by the foreclosure. Source: SL 2002, ch 101, §3.
SD Codified L § 21-48-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-7 - Validation of prior foreclosures by receivers and personal representatives--Rights barred by no action.

21-48-7. Validation of prior foreclosures by receivers and personal representatives--Rights barred by no action.All mortgage foreclosure sales of real property by advertisement, under power of sale contained in such mortgages, made before January 1, 1992, by any receiver or personal representative, appointed by a court of competent jurisdiction, acting for and on behalf of the trust or estate for which such receiver or personal representative was appointed, or any like foreclosure made by the assignee of any such receiver or personal representative, and where such receiver or personal representative acquired title to such mortgage or mortgages by virtue of such appointment, and not by assignment, are hereby legalized, cured, and validated as fully as if such mortgage or mortgages had been assigned by the owner thereof to such receiver or personal representative, and such assignment duly acknowledged and recorded, as required by §43-11-29, relating to power of sale in mortgages, in whom such power vests by assignment and record thereof.If any person has any vested right in any real property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10. Source: SL 1939, ch 147; SDC Supp 1960, §65.0304-2; SL 1992, ch 307, §11.
SD Codified L § 21-48-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-8 - Continuation of foreclosure proceedings despite changes in county boundaries or status.

21-48-8. Continuation of foreclosure proceedings despite changes in county boundaries or status.When a foreclosure has been legally and properly commenced in any county by first publication of the notice of sale it may be carried on to full completion and issue of sheriff's deed or redemption, in such county, regardless of any change which may take place in the boundaries, name, legal, or political status of such county. Source: SL 1917, ch 8, §1; RC 1919, §2896; SDC 1939 & Supp 1960, §37.3013.
SD Codified L § 21-48-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-9 - Application by mortgagor or other interested party to require foreclosure by action--Injunction against foreclosure by advertisement--Service on mortgagee.

21-48-9. Application by mortgagor or other interested party to require foreclosure by action--Injunction against foreclosure by advertisement--Service on mortgagee.If the mortgagee or the mortgagee's assignee has commenced foreclosure by advertisement, the mortgagor, the mortgagor's successor in interest, or any other person claiming a lien, encumbrance, or recorded ownership interest in the real property that is the subject of the foreclosure, may require the owner and holder of the mortgage to foreclose by action and for that purpose shall present to the court having jurisdiction thereof an application describing the mortgage and stating the applicant's interest and stating why the mortgage should be foreclosed by action without necessity of stating any reasons, and upon such application the judge of such court shall, by an order to that effect, enjoin the mortgagee or the mortgagee's assignee from foreclosing such mortgage by advertisement, and direct that all further proceedings for the foreclosure be had in the circuit court properly having jurisdiction of the subject matter. For the purpose of carrying out the provisions of this section, service may be made upon the attorney or agent of the mortgagee or assignee. Source: SL 1883, ch 61, §1; CL 1887, §5411; RCCivP 1903, §636; RC 1919, §2876; SL 1927, ch 163; SL 1933, ch 135; SDC 1939 & Supp 1960, §37.3001; SL 1961, ch 199; SL 2002, ch 101, §2.
SD Codified L § 21-48-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-10 - Time and place of sale--Officer making sale.

21-48-10. Time and place of sale--Officer making sale.A sale under this chapter must be at public auction between the hours of nine o'clock in the forenoon and five o'clock in the afternoon on that day, in the county in which the premises to be sold, or some part thereof, are situated, and must be made by the sheriff of such county, or his deputy, to the highest bidder. Source: CCivP 1877, §602; CL 1887, §5416; SL 1891, ch 84; RCCivP 1903, §641; RC 1919, §2881; SDC 1939 & Supp 1960, §37.3005.
SD Codified L § 21-48-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-11 - Postponement of sale--Notice.

21-48-11. Postponement of sale--Notice.Such sale may be postponed, from time to time, by inserting a notice of such postponement, as soon as practicable, in the newspaper in which the original advertisement was published, and continuing such publication until the time to which such sale shall be postponed, at the expense of the party requesting such postponement. Source: CCivP 1877, §603; CL 1887, §5417; RCCivP 1903, §642; RC 1919, §2882; SDC 1939 & Supp 1960, §37.3005.
SD Codified L § 21-48-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-12 - Sale by parcels--Sale terminated when sufficient amount raised.

21-48-12. Sale by parcels--Sale terminated when sufficient amount raised.If the mortgaged premises consist of distinct farms, tracts, or lots, they must be sold separately, unless the same consist of platted lots having a structure partly upon each, in which case the lots must be sold as one tract; provided that whenever there be a paramount lien upon two or more lots or parcels of land not contiguous which paramount lien covers two or more of such separate lots or parcels, the separate lots or parcels may be sold in one parcel subject to such paramount lien. Except as are hereinbefore provided, no more farms, tracts, or lots must be sold than shall be necessary to satisfy the amount due on such mortgage at the date of the notice of sale, with interest, and the costs and expenses allowed by law. Source: CCivP 1877, §604; CL 1887, §5418; RCCivP 1903, §643; RC 1919, §2883; SL 1929, ch 179; SDC 1939 & Supp 1960, §37.3005.
SD Codified L § 21-48-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-13 - Purchase by mortgagee at sale.

21-48-13. Purchase by mortgagee at sale.The mortgagee, his assigns, or their legal representatives, may, fairly and in good faith, purchase the premises so advertised, or any part thereof, at such sale. Source: CCivP 1877, §605; CL 1887, §5419; RCCivP 1903, §644; RC 1919, §2884; SDC 1939 & Supp 1960, §37.3005.
SD Codified L § 21-48-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-14 - Proof of value required for deficiency judgment after purchase by mortgagee--Other purchasers unaffected--Negotiability of instruments protected.

21-48-14. Proof of value required for deficiency judgment after purchase by mortgagee--Other purchasers unaffected--Negotiability of instruments protected.When any sale of real estate has been made by a mortgagee, trustee, or other person authorized to make the same at which the mortgagee, payee, or other holder of the obligation thereby secured becomes the purchaser and takes title, either directly or indirectly, before such mortgagee, payee, or other holder of the secured obligation as aforesaid, shall be entitled to any deficiency judgment against the mortgagor, trustor, or other maker of any such obligation whose property has been so purchased, he shall first establish to the satisfaction of the court in which such action for a deficiency judgment is pending that the property covered by such mortgage sold at foreclosure sale for its true market value or more at the time of such sale, and in adjudging any such deficiency the court in arriving at the amount of such judgment shall deduct from the amount of the mortgage indebtedness remaining unsatisfied after the sale of the mortgaged property the difference between the true market value of said property at the time of such sale and the amount for which it sold, if such amount was less than the true market value at the time of sale.This section shall not affect nor apply to the rights of other purchasers or of innocent third parties nor shall it be held to affect or defeat the negotiability of any note, bond, or other obligation secured by such mortgage, deed of trust, or other instrument.This section shall not apply to foreclosure sales made pursuant to an order or decree of court nor to any judgment sought or rendered in any foreclosure by action nor to any sale confirmed prior to July 1, 1937. Source: SL 1937, ch 208; SDC 1939 & Supp 1960, §37.3007.
SD Codified L § 21-48-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-15 - Costs, disbursements and attorney fees allowed from proceeds of sale.

21-48-15. Costs, disbursements and attorney fees allowed from proceeds of sale.The party foreclosing a mortgage by advertisement shall be entitled to his costs and disbursements, including any attorney fees allowed by law, out of the proceeds of the sale. Source: CCivP 1877, §615; SL 1887, ch 28, §1; CL 1887, §5429; RCCivP 1903, §654; RC 1919, §2895; SDC 1939 & Supp 1960, §37.3014.
SD Codified L § 21-48-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-16 - Surplus proceeds of sale paid to clerk of court--Notice to mortgagor and junior lien holders of deposit of surplus.

21-48-16. Surplus proceeds of sale paid to clerk of court--Notice to mortgagor and junior lien holders of deposit of surplus.It shall be the duty of every officer who conducts any such sale to apply the proceeds thereof as provided in §21-47-18, except that the surplus, if any, shall be paid to the clerk of the circuit court and he shall give his receipt therefor. The sheriff shall forthwith give notice by mail to the mortgagor, his personal representatives or assigns, and to all persons holding junior encumbrances or liens, of the deposit of such surplus with the clerk. Source: CCivP 1877, §610; SL 1887, ch 27, §1; CL 1887, §5424; SL 1893, ch 118; RCCivP 1903, §§649, 664; RC 1919, §2885; SL 1923, ch 222; SDC 1939 & Supp 1960, §37.3006.
SD Codified L § 21-48-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-17 - Investment of surplus proceeds deposited with clerk.

21-48-17. Investment of surplus proceeds deposited with clerk.If such surplus, or any part thereof, shall remain with the clerk of said court for a term of three months without the rights thereto being fully determined, the clerk may deposit the same in some bank in said county and take an interest-bearing certificate of deposit therefor, and hold the same for the benefit of the person or persons who may be entitled thereto until the rights of the parties thereto have been fully determined. Source: SL 1923, ch 222; SDC 1939 & Supp 1960, §37.3006.
SD Codified L § 21-48-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-18 - Cancellation or endorsement of evidence of debt on application of proceeds of sale.

21-48-18. Cancellation or endorsement of evidence of debt on application of proceeds of sale.If the amount realized at the sale was sufficient to satisfy the mortgage debt and all other sums due at date of sale, the officer shall cancel the evidence of the debt by permanent endorsement thereon and return it to the person primarily liable thereon upon demand of such person or his attorney but if no such demand be made prior to the time deed or redemption under the foreclosure is made, the officer shall be no longer responsible for such return. If the amount realized at such sale is not sufficient to pay the sums due as aforesaid, the officer shall endorse on the evidence of the debt in permanent form, the amount of the sale and the amount remaining due on the debt, and return the evidence of the debt to the mortgagee, assignee, or other owner thereof. The officer making such endorsements shall date and sign the same. Source: SDC 1939 & Supp 1960, §37.3006.
SD Codified L § 21-48-19 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-19 - Certificate of sale given to purchaser--Contents--Execution and recording.

21-48-19. Certificate of sale given to purchaser--Contents--Execution and recording.The officer making such real estate mortgage foreclosure sale shall give to the purchaser a certificate of sale, containing:(1)A recital of the fact of the sale, stating the time and place, and the name of the purchaser;(2)A particular description of the real property sold;(3)The price bid for each distinct lot or parcel;(4)The whole price paid; which certificate must be executed and acknowledged and shall be recorded in the office of the register of deeds where the mortgage is recorded within ten days from the date of sale, and shall have the same validity and effect as a certificate of sale of real property under execution. Source: CCivP 1877, §606; CL 1887, §5420; RCCivP 1903, §645; SL 1907, ch 189; RC 1919, §2886; SL 1925, ch 222; SDC 1939, §37.3008; SL 1949, ch 141, §1.
SD Codified L § 21-48-20 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-20 - Prior certificates validated despite delay in recording--Rights barred by no action.

21-48-20. Prior certificates validated despite delay in recording--Rights barred by no action.All certificates of mortgage foreclosure sale of real property by advertisement under power of sale recorded prior to January 1, 1992, and the records of such certificates, are hereby legalized, cured, and validated, and such certificates and the record thereof are made and declared to be in every manner and respect of like force and effect as though such certificates had been recorded within ten days from the date of sale as required by §21-48-19.If any person has any vested right in any real property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10. Source: SDC 1939, §65.0304; SL 1992, ch 307, §12.
SD Codified L § 21-48-21 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-21 - Deed given on expiration of time for redemption--Mortgagor entitled to harvest crops planted before issuance of deed.

21-48-21. Deed given on expiration of time for redemption--Mortgagor entitled to harvest crops planted before issuance of deed.If such mortgaged premises are not redeemed, the officer or his successor in office, or some other person appointed by the circuit court for that purpose, shall complete such sale, by executing a deed of the premises so sold to the original purchaser, his heirs, or assigns, or to any person who may have acquired the title and interest of such purchaser by redemption or otherwise. Whenever crops have been sown on the mortgaged premises, before the issuance of a sheriff's deed, the mortgagor shall be entitled to the crops grown thereon and the right to enter on the premises to harvest the crops after the issuance of the deed. Source: CCivP 1877, §609; CL 1887, §5423; RCCivP 1903, §648; SL 1909, ch 78; SL 1913, ch 269; RC 1919, §2890; SDC 1939 & Supp 1960, §37.3011; SL 1986, ch 177, §1.
SD Codified L § 21-48-22 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-22 - Validation of prior proceedings on which deed issued--Time allowed for protection of existing rights.

21-48-22. Validation of prior proceedings on which deed issued--Time allowed for protection of existing rights.All proceedings of mortgage foreclosure sale of real property by advertisement, and completed by issuance of sheriff's deed prior to July 1, 1941, and which proceedings were irregular or defective, are hereby legalized, cured and validated as fully as if such foreclosure proceedings had been wholly regular and as by law provided.The provisions of this section shall not apply to any action involving real property which was pending on July 1, 1951, or which was commenced prior to July 1, 1952, as to which a notice of the pendency of such action was recorded prior to July 1, 1952, as provided herein.If any person has any vested right in any real property, or any part thereof, by reason of any mortgage foreclosure sale such as is referred to herein, if no action or proceeding to enforce such right was begun prior to July 1, 1952, such rights shall be forever barred; and no action or proceeding so brought shall be of any force or effect, or maintainable in any court of this state, unless, prior to July 1, 1952, there was recorded in the office of the register of deeds of the county in which the real estate affected is situated a notice of the pendency of such action, in accordance with the provisions of chapter 15-10. Source: SL 1951, ch 197; SDC Supp 1960, §65.0304-1.
SD Codified L § 21-48-22.1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-22.1 - Prior foreclosure sales validated despite defects--Rights barred by no action.

21-48-22.1. Prior foreclosure sales validated despite defects--Rights barred by no action.All mortgage foreclosure sales of real property by advertisement, under power of sale contained in such mortgages, made before January 1, 1992, the sheriff's deed thereof having been executed and delivered to the purchaser of such real property before January 1, 1975, notwithstanding any defect of notice, acknowledgment of any instrument or the recording thereof, or any other defect in the proceeding, are hereby cured, legalized, and validated as fully as if such foreclosure proceedings had been made in full compliance with all existing statutes or laws.If any person has any vested right in any real property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10. Source: SL 1975, ch 167; SL 1992, ch 307, §13.