reglab/housing_qa huggingface dataset:
SD Codified L § 21-48-23 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-23 - Record of foreclosure sale--Affidavits and certificate recorded--Notation by register of deeds.

21-48-23. Record of foreclosure sale--Affidavits and certificate recorded--Notation by register of deeds.A record of foreclosure sale must be made as follows:(1)An affidavit of the publication of the notice of sale and of any notice of postponement must be made by the printer or publisher of the newspaper in which such notice was published, or some person in his employ knowing the facts;(2)An affidavit by the person foreclosing the mortgage, or his attorney, or someone knowing the facts, setting forth the facts relating to the military service status of the owner of the mortgaged premises at the time of sale which affidavit, where such may be required, may also set forth the fact of service of notice of sale upon the secretary of the treasury of the United States of America or his delegate in accordance with the provisions of subsection (c)(1) of section 7425 of the Internal Revenue Code of 1954 as amended by Public Law 89-719, known as the Federal Tax Lien Act of 1966, and as amended through January 1, 1987;(3)An affidavit executed by the person foreclosing the mortgage, that person's attorney or someone knowing the facts, stating that the mortgagor and any person who is required to receive notice under §21-48-6.1 have been given notice of the foreclosure and that no request for foreclosure by action has been made;(4)Such affidavits and the certificate of sale hereinabove provided for, must be recorded at length by the register of deeds of the county in which the real property is situated in a book kept for that purpose, and such original instruments, or the records thereof, or certified copies of such records, shall be prima facie evidence of the facts therein contained;(5)A note shall be made by the register of deeds in the margin of the record of any mortgage which has been foreclosed, showing the book and page where the evidence of such foreclosure sale is recorded. Source: SDC 1939, §37.3012; SL 1949, ch 141, §2; SL 1957, ch 197; SL 1967, ch 151; SL 1987, ch 29, §78; SL 2002, ch 101, §4.
SD Codified L § 21-48-24 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-24 - Affidavits recorded to show compliance with federal acts.

21-48-24. Affidavits recorded to show compliance with federal acts.The affidavit provided for in subdivision 21-48-23(2) may be made and filed for record for the purpose of complying with the provisions of the Servicemembers Civil Relief Act of 2003, 54 Stat. 1178, 50 App. U.S.C.A. 501-48 and 560-591, as amended to January 1, 2007, and if required, for the purpose of showing compliance with the Federal Tax Lien Act, as amended to January 1, 2007. The affidavit may be made and filed for record at any time after the mortgage foreclosure sale, whether the sale was heretofore or is hereafter made. Source: SDC 1939, §37.3012 as added by SL 1957, ch 197; SL 1967, ch 151; SL 2007, ch 187, §234.
SD Codified L § 21-48-25 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-25 - Interest vested in purchaser by recording of instruments.

21-48-25. Interest vested in purchaser by recording of instruments.A record of the instruments described in §21-48-23 and the deed executed upon the sale of the real property, shall vest in the purchaser or person acquiring title thereto by redemption or otherwise, the same interest as a deed upon foreclosure of a real estate mortgage by action in court. Source: CCivP 1877, §614; CL 1887, §5428; RCCivP 1903, §653; RC 1919, §2894; SDC 1939, §37.3012; SL 1949, ch 141, §2; SL 1957, ch 197; SL 1967, ch 151.
SD Codified L § 21-48-26 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement|Section 21-48-26 - Validation of sales prior to January 1, 1982--Pending proceedings.

21-48-26. Validation of sales prior to January 1, 1982--Pending proceedings.All mortgage foreclosure sales of real property by advertisement under power of sale contained in such mortgages, in which the sheriff's certificate of sale therefor was executed and recorded before January 1, 1992, in the office of the register of deeds of the county, or counties, where the real estate affected thereby is situated, are, notwithstanding any defect or irregularity therein, hereby cured, legalized, and validated.The provisions of this section do not apply to any action or proceeding involving real property pending on July 1, 1993, or commenced prior to July 1, 1993, if a notice of the pendency of such action or proceeding was recorded prior to July 1, 1993.If anyone has any right in any real property, or any part thereof, adversely affected by a mortgage foreclosure sale referred to in this section, and no action or proceeding to enforce such right is commenced prior to July 1, 1993, such right shall be forever barred, and no action or proceeding so brought may be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, a notice of the pendency of such action or proceeding was recorded in accordance with the provisions of chapter 15-10 in the office of the register of deeds of the county, or counties, where any real property affected thereby is situated. Source: SL 1982, ch 175; SL 1992, ch 307, §14.
SD Codified L § 21-48A-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48A - Nonjudicial Voluntary Foreclosure|Section 21-48A-2 - Lien released upon failure of junior lienholder to redeem.

21-48A-2. Lien released upon failure of junior lienholder to redeem.A junior lienholder may redeem the real property pursuant to §21-48A-5. If a junior lienholder fails to redeem its lien as provided in this chapter, its lien shall be released from the property. Source: SL 1991, ch 185, §2.
SD Codified L § 21-48A-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48A - Nonjudicial Voluntary Foreclosure|Section 21-48A-3 - Possession of property by mortgagee.

21-48A-3. Possession of property by mortgagee.Until the completion of foreclosure pursuant to this chapter, the mortgagee shall possess the real property subject to liens of record at the time of the conveyance by the mortgagor. However, the lien of the mortgagee shall remain prior to liens which were junior to the mortgage at the time of conveyance by the mortgagor to the mortgagee. Source: SL 1991, ch 185, §3.
SD Codified L § 21-48A-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48A - Nonjudicial Voluntary Foreclosure|Section 21-48A-4 - Judicial foreclosure action by junior lienholder before redemption period.

21-48A-4. Judicial foreclosure action by junior lienholder before redemption period.Any junior lien holder may commence a judicial foreclosure pursuant to chapter 21-47, if commenced before the redemption period provided in §21-48A-1. Source: SL 1991, ch 185, §4.
SD Codified L § 21-48A-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 48A - Nonjudicial Voluntary Foreclosure|Section 21-48A-5 - Redemption of real property by junior lienholder--Quit claim deed.

21-48A-5. Redemption of real property by junior lienholder--Quit claim deed.A lienholder of record may redeem real property which has been foreclosed by a mortgagee pursuant to this chapter. The redemption shall be made pursuant to §21-52-14. Upon payment, the mortgagee shall convey the property by quit claim deed to the redeeming junior lienholder. Source: SL 1991, ch 185, §5.
SD Codified L § 21-49-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-11 - Foreclosure alternatives available on small tracts subject to chapter--Mortgages under earlier law.

21-49-11. Foreclosure alternatives available on small tracts subject to chapter--Mortgages under earlier law.Any mortgage made pursuant to this chapter on real property of an area of not more than forty acres containing therein a power of sale, upon default being made in the conditions of the mortgage, may be foreclosed as provided in chapter 21-47 or 21-48 or as provided in this chapter. Any mortgage made pursuant to §§21-49-1 to 21-49-10 prior to July 1, 1977 may be foreclosed as provided therein or as provided in this section. Source: SL 1963, ch 236, §1; SDCL, §21-49-1; SL 1972, ch 135; SL 1977, ch 187, §1; SL 1979, ch 157, §1.
SD Codified L § 21-49-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-12 - Clause subjecting mortgage to chapter--Caption required--Mortgagor's right to possession of property during redemption period.

21-49-12. Clause subjecting mortgage to chapter--Caption required--Mortgagor's right to possession of property during redemption period.Any mortgage containing the following statement in printed or typed capital letters: "THE PARTIES AGREE THAT THE PROVISIONS OF THE ONE HUNDRED EIGHTY DAY REDEMPTION MORTGAGE ACT GOVERN THIS MORTGAGE," shall be subject to the provisions of this chapter. Any mortgage executed under this chapter shall be entitled in printed or typed capital letters: "MORTGAGE--ONE HUNDRED EIGHTY DAY REDEMPTION." No mortgage made pursuant to this chapter shall contain any provisions whereby the mortgagor is denied the right to possession of the mortgaged property during the redemption period as provided in this chapter. Source: SL 1963, ch 236, §5; SDCL, §21-49-2; SL 1977, ch 187, §2.
SD Codified L § 21-49-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-13 - Provisions includable in mortgage--Satisfaction of notice requirements.

21-49-13. Provisions includable in mortgage--Satisfaction of notice requirements.In particular, but without limitation, any mortgage subject to the provisions of this chapter, may contain provisions relating to:(1)In the case of default in the payment of the principal sum of money, or any part thereof, or interest thereon at the time specified for payment thereof, or in the case of nonpayment of any taxes, assessments, or insurance as required, or of breach of any covenant or agreement contained in the mortgage, then, the total debt, principal and interest, shall at the option of the holder of the mortgage, immediately become due and payable, upon twenty days' notice to the mortgagor. The notice may be given concurrently with any notice of the mortgagor's right to cure existing defaults. Thereafter the mortgage may be foreclosed, as provided in this chapter;(2)In the case of foreclosure, that the holder of the mortgage shall recover reasonable attorney fees and actual disbursements necessarily incurred;(3)In the case of foreclosure, that the holder of the mortgage is authorized to appoint a receiver to take possession of the mortgaged premises, if the premises are abandoned, or to have a receiver appointed by the circuit court upon sufficient proof being established therefor;(4)An agreement for the collection of installment payments for taxes and insurance to be held in escrow, in an account with the mortgagee, until the due dates thereof;(5)In the case of foreclosure, and during the period of redemption, that the mortgagor assigns all his rights and interest to the rental or income of the mortgaged premises;(6)In the case of foreclosure, that the mortgagor shall pay to the holder of the mortgage the difference between the net proceeds of sale, if less than the total debt due;(7)If the mortgaged premises are sold without the prior consent of the mortgagee, that the entire balance owing may at the option of the mortgagee be declared immediately due and payable upon sixty days notice to the mortgagor, and the mortgage foreclosed as provided in this chapter; or(8)That in the case of foreclosure by action, the holder of the certificate of sale may apply to the court for a reduction of the redemption period if the property has been abandoned by the mortgagor. If, after notice to the parties as the court directs, the court finds the property has been abandoned, the redemption period may be reduced. The redemption period may not be reduced to less than sixty days from the date of recording the certificate of sale.The notice requirements of this section shall be satisfied when the notice is deposited in the United States mail, registered or certified mail, return receipt requested, and addressed to the last known address of the mortgagor. Source: SL 1977, ch 187, §3; SL 1981, ch 170, §1; SL 1987, ch 29, §30; SL 1988, ch 184, §1.
SD Codified L § 21-49-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-14 - Forms of mortgages authorized--Address and description requirements not applicable.

21-49-14. Forms of mortgages authorized--Address and description requirements not applicable.Real estate mortgages, in any form, including but not limited to, open end mortgages, collateral real estate mortgages, renegotiated rate mortgages, shared appreciation mortgages, and variable rate mortgages are authorized under the provisions of this chapter. The provisions of §7-9-7 shall not be applicable to proceedings under this chapter. Source: SL 1977, ch 187, §4; SL 1981, ch 170, §2.
SD Codified L § 21-49-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-15 - Commencement of foreclosure or satisfaction action--Service of process on nonresident defendant--Required defendants.

21-49-15. Commencement of foreclosure or satisfaction action--Service of process on nonresident defendant--Required defendants.Any action for the foreclosure or satisfaction of mortgages under this chapter shall be commenced in the circuit court for the county where the mortgaged property, or some portion thereof, is situated. If a defendant is not a resident of the county, process may be served on him in any other county within the state. All persons having an interest in, or lien on, the mortgaged property as of the date of filing the action shall be named as defendants in the action. Source: SL 1977, ch 187, §5; SL 1981, ch 170, §3.
SD Codified L § 21-49-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-16 - Service by publication.

21-49-16. Service by publication.If the defendant is a nonresident of the state, or absent or concealed, or if he is a resident of the state and after due diligence cannot be found in the state, service may be made by publication in the manner prescribed by statute or rule of court in ordinary civil actions. If any proper party defendant is deceased, service upon unknown heirs, devisees, legatees, personal representatives, creditors, and other unknown persons who might have a right of redemption from the mortgage, may be made by publication, as provided by §15-9-9. Source: SL 1977, ch 187, §6; SL 1995, ch 167, §188.
SD Codified L § 21-49-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-17 - Joinder of other persons liable--Judgment and enforcement of judgment as against mortgagor.

21-49-17. Joinder of other persons liable--Judgment and enforcement of judgment as against mortgagor.If the mortgage debt is secured by the obligation, or other evidence of debt, of any person other than the mortgagor, the plaintiff may make such other person a party to the action, and the court may render judgment for the balance of such debt remaining unsatisfied, after a sale of the mortgaged property, as well as against such other person as against the mortgagor, and may enforce such judgment as in other cases by execution or other process. Source: SL 1977, ch 187, §7.
SD Codified L § 21-49-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-18 - Other recovery proceedings to be stated in complaint.

21-49-18. Other recovery proceedings to be stated in complaint.In an action for the foreclosure or satisfaction of a mortgage, the complaint shall state whether any proceedings have been had at law or otherwise for the recovery of the debt secured by such mortgage or any part thereof; and if a recovery has been had, whether any and what part thereof has been collected. Source: SL 1977, ch 187, §8.
SD Codified L § 21-49-19 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-19 - Money judgment as precluding foreclosure unless execution remains unsatisfied.

21-49-19. Money judgment as precluding foreclosure unless execution remains unsatisfied.If it appears that any judgment has been obtained in an action at law for the moneys demanded by such complaint, or any part thereof, no foreclosure proceedings shall be commenced in such case unless an execution against the property of the defendant in such judgment has been issued, and the sheriff or other officer shall have made return that the execution is unsatisfied in whole or in part, and that the defendant has no property other than property mortgaged under this chapter whereon to satisfy such execution. Source: SL 1977, ch 187, §9.
SD Codified L § 21-49-20 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-20 - Recovery proceedings not allowed pending foreclosure action.

21-49-20. Recovery proceedings not allowed pending foreclosure action.After action for foreclosure shall be commenced, and while it is pending, no proceedings at law shall be had for the recovery of the debt secured by the mortgage. Source: SL 1977, ch 187, §10.
SD Codified L § 21-49-21 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-21 - Time for defendant's answer.

21-49-21. Time for defendant's answer.A defendant in an action for foreclosure shall serve his answer to the complaint of the plaintiff within thirty days after service of the summons. Source: SL 1977, ch 187, §11.
SD Codified L § 21-49-22 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-22 - Injunction against injury to property--Duration.

21-49-22. Injunction against injury to property--Duration.The court may by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of the mortgaged property during the existence of a lien or the foreclosure of a mortgage thereon, and until the expiration of the time allowed for redemption. Source: SL 1977, ch 187, §12.
SD Codified L § 21-49-23 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-23 - Judgment rendered for amount due and costs--Sale of property and delivery to purchaser--Lien priorities.

21-49-23. Judgment rendered for amount due and costs--Sale of property and delivery to purchaser--Lien priorities.In an action for foreclosure or satisfaction, a court may:(1)Render a judgment against the mortgagor for the amount of the mortgage debt due at the time of the rendition of such judgment, and the costs of the action, including reasonable attorney fees and actual disbursements made,(2)Order and decree a sale of the mortgaged property, or such part thereof as may be sufficient to pay the amount adjudged to be due, and costs of sale,(3)If deemed necessary, direct in what parcels the property shall be offered, and the order in which they shall be offered and further to direct that if there be no bid for any parcel, such parcel may be sold with any other parcel, not yet sold, in one parcel; and(4)Order and compel the delivery of possession of the property to the purchaser.In no case under this chapter shall the possession of the property so sold be delivered to the person entitled thereto, until after the expiration of the period of redemption, subject however to the rights of any person under a valid assignment of rents, and a receiver in possession thereof. There shall be added to the amount of any such judgment all sums reasonably expended by the mortgagee for the protection and preservation of the mortgaged property or the mortgagee's interest therein. The court shall further determine the priority of any other liens, the owners of which were made a party to the action, and shall have the further power to determine the rights of subsequent liens filed after the commencement of suit. Source: SL 1977, ch 187, §13; SL 1981, ch 170, §4.
SD Codified L § 21-49-24 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-24 - Sale by court-appointed officer--Levy not required.

21-49-24. Sale by court-appointed officer--Levy not required.Any sale of mortgaged property shall be made by a person appointed by the court, and shall be made as the court shall direct, in the county where the property, or some part is located. No levy on mortgaged property under the judgment shall be required and the officer may proceed to advertise and sell it upon receipt of the judgment without further proceedings. Source: SL 1977, ch 187, §14.
SD Codified L § 21-49-25 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-25 - Notice of sale--Contents.

21-49-25. Notice of sale--Contents.Notice of the sale of such mortgaged property shall be given by publishing it at least once a week for at least two successive weeks in a legal newspaper of general circulation in each of the counties where the property is located. Each notice shall specify:(1)The name of the mortgagor, and any assignee;(2)The amount claimed to be due;(3)The date of the mortgage;(4)A description of the property, as described in the mortgage;(5)The time, manner and place of sale, as directed by the court; and(6)Any other matter as ordered by the court. Source: SL 1977, ch 187, §15.
SD Codified L § 21-49-26 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-26 - Mortgagee may purchase at sale--Bid required.

21-49-26. Mortgagee may purchase at sale--Bid required.The holder of the mortgage may purchase the premises or any part thereof at the foreclosure sale if the holder bids therefor the full amount of the judgment debt, less the sum of the balances due, as of the date of sale, on any prior liens or encumbrances upon the mortgaged premises, including liens or charges for real property taxes and special assessments. In no event, however, may the holder of the mortgage be required to bid a sum in excess of the debt adjudged to be due, with the costs included in the judgment upon which sale was made, and expenses of sale. Source: SL 1977, ch 187, §15; SL 1989, ch 191, §3.