reglab/housing_qa huggingface dataset:
SD Codified L § 44-8-1.4 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-1.4 - Mortgage assigned with debt.

44-8-1.4. Mortgage assigned with debt.The assignment of a debt secured by a real estate mortgage carries with it the security. Source: CivC 1877, §1727, subdiv 4; CL 1887, §4351, subdiv 4; RCivC 1903, §2047, subdiv 4; RC 1919, §1551 (4); SDC 1939, §39.0207 (4); repealed SL 1966, ch 150, §10-102; re-enacted SL 1970, ch 251.
SD Codified L § 44-8-1.5 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-1.5 - Security of mortgage protected against mortgagor's act.

44-8-1.5. Security of mortgage protected against mortgagor's act.No person whose interest is subject to the lien of a real estate mortgage may do any act which will substantially impair the mortgagee's security. Source: CivC 1877, §1733; CL 1887, §4358; RCivC 1903, §2054; RC 1919, §1558; SDC 1939, §39.0207 (5); repealed SL 1966, ch 150, §10-102; re-enacted SL 1970, ch 251.
SD Codified L § 44-8-2 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-2 - Power of attorney to execute mortgage of real property must be in writing--Signature, acknowledgment, or proof--Recording.

44-8-2. Power of attorney to execute mortgage of real property must be in writing--Signature, acknowledgment, or proof--Recording.A power of attorney to execute a mortgage must be in writing, subscribed, acknowledged, proved, or certified and recorded in like manner as powers of attorney for grants of real property. Source: CivC 1877, §1730; CL 1887, §4355; RCivC 1903, §2051; RC 1919, §1555; SDC 1939, §39.0211.
SD Codified L § 44-8-3 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-3 - Standard form of real estate mortgage.

44-8-3. Standard form of real estate mortgage.The standard form of real estate mortgages is as follows:MORTGAGEThis mortgage, made this ________ day of ________ in the year 20____, by ________ of ________ county and state of ________ mortgagor, to ________ of ________ P. O., county of ________ and state of ________, mortgagee:Witnesseth, that said mortgagor -- hereby mortgage -- to said mortgagee ________ the following described premises situated in the county of ________ and State of South Dakota, to wit:___________________________________________________________________________________________________________________________________________________________________________________________________________________________as security for the payment to said mortgagee -- at ________ of the principal sum of ________ dollars and interest thereon at ________ percent per annum from date, according to ________ certain promissory note -- bearing even date herewith, due ________ 20____.Said mortgagor -- further agree -- to pay all taxes and assessments that may be levied upon said premises, before the same shall become delinquent (and to keep the buildings, if any, upon said premises safely insured for the benefit of said mortgagee -- in the sum of ________ dollars against loss by fire ________ and deliver the insurance policies to said mortgagee).In case of the mortgagor's failure to pay said taxes or assessments before the same become delinquent or to pay insurance premiums for insurance on said buildings, said mortgagee -- or assignee may do so and the amounts so paid, with interest at ________ percent, from date of payment, shall be added to and deemed a part of the money secured by this mortgage. Said mortgagor -- hereby relinquish -- rights of homestead in said premises and warrant that -- he ________ the owner -- in fee of said premises, and that the same are free from all encumbrances.In case of default in the payment of said principal sum of money or any part thereof, or interest thereon at the time or times above specified for payment thereof, or in case of nonpayment of any taxes, assessments, or insurance as aforesaid, or of breach of any covenant or agreement herein contained, then and in either case, the whole, principal and interest, of said note -- shall at the option of the holder thereof, immediately become due and payable, and this mortgage may be foreclosed by action, or by advertisement as provided by statute or the rules of practice relating thereto, and this paragraph shall be deemed as authorizing and constituting a power of sale as mentioned in said statutes or rules, and any amendatory thereof.(Signature) _____________________________(Acknowledgment) Source: SL 1911, ch 257, §3; RC 1919, §1566; SDC 1939, §39.0301.
SD Codified L § 44-8-4 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-4 - Assignment of real estate mortgage--Standard form.

44-8-4. Assignment of real estate mortgage--Standard form.The standard form of assignments of real estate mortgages is as follows:ASSIGNMENT OF MORTGAGEFor and in consideration of ________ dollars, to ________ in hand paid, ________ do ________ hereby assign unto ________ of ________ P.O., a certain indenture of mortgage and the notes secured thereby, executed by ________ to ________ on the ________ day of ________, 20____, upon _______________________________________________________________________________________________________________________________________________________________________________________________________and recorded in book ________ of mortgages on page ________ in the office of the register of deeds of ________ county, state of South Dakota, on the ________ day of ________, 20____, at ________ o'clock ____.M.Dated this ________ day of ________ 20____.(Signature) _______________________________(Acknowledgment) Source: SL 1911, ch 257, §4; RC 1919, §1566; SDC 1939, §39.0301.
SD Codified L § 44-8-5 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-5 - Satisfaction of real estate mortgage--Standard form.

44-8-5. Satisfaction of real estate mortgage--Standard form.The standard form of satisfactions of real estate mortgages is as follows:SATISFACTION OF MORTGAGE________ of ________ state of ________, hereby certifies, that a certain mortgage bearing date the ________ day of ________, 20__, executed by ________ to ________ of ________ upon the following real property situated in the county of ________ in the State of South Dakota, to wit, the ___________________________________________________________________________________________________________________________________________________________________________________________________________________________and recorded in the office of the register of deeds of said ________ county, South Dakota, in book ________ of mortgages, page ________, on the ________ day of ________, 20__, at ________ o'clock and ________ minutes ____. M., is, with the indebtedness thereby secured, fully paid, satisfied, and discharged.Dated this ________ day of ________, 20____.(Signature) _____________________________(Acknowledgment) Source: SL 1911, ch 257, §5; RC 1919, §1566; SDC 1939, §39.0301.
SD Codified L § 44-8-6 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-6 - Adoption of standard forms--Use of other forms not precluded--Name and post office address of mortgagee or assignee required.

44-8-6. Adoption of standard forms--Use of other forms not precluded--Name and post office address of mortgagee or assignee required.Sections 44-8-3 to 44-8-5, inclusive, do not preclude the use, affect the validity, or control the interpretation of other forms of real estate mortgages or assignments or satisfactions thereof; but all such instruments, whether on standard form or not, must show the name and post office address of the mortgagee or assignee. Source: RC 1919, §1567; SDC 1939, §39.0301.
SD Codified L § 44-8-7 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-7 - Real estate mortgages--Prohibited provisions--Exception--Federal land bank mortgages.

44-8-7. Real estate mortgages--Prohibited provisions--Exception--Federal land bank mortgages.The following contracts between a mortgagor and mortgagee of real estate are against public policy and unenforceable:(1)In case of a mortgage upon the homestead of the mortgagor or adjacent property used in connection therewith and for the same purpose, any provision in such mortgage by which the mortgagor pledges, assigns, transfers, or agrees so to do, to the mortgagee or for his benefit, as payment of, or security for, the payment of any debt secured by such mortgage, either the right to the possession of the mortgaged premises prior to the expiration of the period of redemption or all or any part of the rental, crops, or proceeds to be received therefrom or produced thereon prior to the expiration of the period of redemption;(2)Any agreement whereby the mortgagor agrees to pay the taxes of the mortgagee upon or account of the mortgage debt;(3)Any agreement whereby the mortgagor waives any part of the exemptions of personal property allowed to him by law;(4)Any agreement whereby the mortgagor consents to the appointment of a receiver to take possession of the mortgaged premises during foreclosure or the period of redemption. In foreclosure by action the court may appoint a receiver if authorized by law.The provisions of this section shall not apply to, affect, or restrict any mortgage executed, pursuant to the terms of the South Dakota One Hundred Eighty Day Redemption Mortgage Act, to the government of the United States, the federal land bank, the federal land bank commissioner, or any agency or instrumentality of the United States government whose obligations are guaranteed in whole or in part by the United States government. Source: SL 1935, ch 149; SDC 1939, §39.0303; SL 1949, ch 143; SL 1977, ch 187, §30.
SD Codified L § 44-8-8 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-8 - Validation of recorded real estate mortgages containing prohibited provisions--Notice to subsequent purchasers, encumbrancers or creditors--Rights of good faith purchasers or encumbrancers prior to July 1, 1949--Rights barred by no action.

44-8-8. Validation of recorded real estate mortgages containing prohibited provisions--Notice to subsequent purchasers, encumbrancers or creditors--Rights of good faith purchasers or encumbrancers prior to July 1, 1949--Rights barred by no action.The recording of any mortgage or trust deed affecting real property which was otherwise entitled to be recorded and which prior to January 1, 1992, was copied into the proper book of records kept in the office of any register of deeds and which has been properly indexed in that office, against the real property affected by such instrument shall be deemed to impart sufficient notice of such instrument and its contents to subsequent purchasers, encumbrancers, or creditors, notwithstanding that such mortgage contains one or more provisions which are prohibited by §44-8-7, and the act of any register of deeds in copying any such mortgage or trust deed into a proper book of records kept in his office and in properly indexing the same in his office against the real property affected by such instrument, is hereby legalized, cured, and declared valid; but nothing herein contained shall affect the rights of purchasers, encumbrancers, or holders of a valid lien by court proceedings who became such in good faith prior to January 1, 1992, provided further that this section shall not legalize any of the prohibited provisions contained in any such mortgage.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 1941, ch 165; SL 1949, ch 209; SDC Supp 1960, §65.0302-1; SL 1992, ch 307, §56.
SD Codified L § 44-8-9 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-9 - Mortgage of real property--Acknowledgment or proof--Certification and recording.

44-8-9. Mortgage of real property--Acknowledgment or proof--Certification and recording.Mortgages of real property may be acknowledged or proved, certified, and recorded in like manner and with like effect as grants thereof. Source: CivC 1877, §1738; CL 1887, §4368; RCivC 1903, §2065; RC 1919, §1569; SDC 1939, §39.0304.
SD Codified L § 44-8-10 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-10 - Record of mortgage--Notice to subsequent purchasers and encumbrancers.

44-8-10. Record of mortgage--Notice to subsequent purchasers and encumbrancers.The record of a mortgage, duly made, operates as notice to all subsequent purchasers and encumbrancers. Source: CivC 1877, §1739; CL 1887, §4369; RCivC 1903, §2069; RC 1919, §1573; SDC 1939, §39.0305.
SD Codified L § 44-8-11 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-11 - Instrument intended as mortgage of real property--Recording as mortgage necessary.

44-8-11. Instrument intended as mortgage of real property--Recording as mortgage necessary.Every grant of real property, or of any estate therein, which appears, by any other writing, to be intended as a mortgage, must be recorded as a mortgage; and if such grant and other writing explanatory of its true character are not recorded together at the same time and place, the grantee can derive no benefit from such record. Source: CivC 1877, §1740; CL 1887, §4370; RCivC 1903, §2070; RC 1919, §1574; SDC 1939, §39.0306.
SD Codified L § 44-8-12 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-12 - Defeasance, to effect grant absolute on its face, must be recorded.

44-8-12. Defeasance, to effect grant absolute on its face, must be recorded.When a grant of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such grant is not defeated or affected as against any person other than the grantee, or his heirs, or devisees, or persons having actual notice, unless an instrument of defeasance, duly executed and acknowledged, shall have been recorded in the office of the register of deeds of the county where the property is situated. Source: CivC 1877, §1740; CL 1887, §4371; RCivC 1903, §2071; RC 1919, §1575; SDC 1939, §39.0307.
SD Codified L § 44-8-13 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-13 - Assignment of mortgage on real property--Recording--Acknowledgment or proof--Contents--Record as notice.

44-8-13. Assignment of mortgage on real property--Recording--Acknowledgment or proof--Contents--Record as notice.An assignment of a mortgage on real property may be recorded in like manner as a mortgage when it is acknowledged or proved according to the statutes relating to proof of instruments for record and contains the name of the mortgagor, the mortgagee, the assignee and the assignee's post-office address, the date of the mortgage, the date, county, state, book, and page of record of the mortgage and full description of the premises as described in the mortgage. This record serves as notice to all parties in interest or parties subsequently dealing with the property. No more than one assignment may be listed on the instrument. Source: CivC 1877, §1735, subdiv 1; CL 1887, §4360; RCivC 1903, §2056; SL 1907, ch 190; RC 1919, §1560; SDC 1939, §39.0212; SL 1983, ch 305, §3; SL 2012, ch 51, §4.
SD Codified L § 44-8-14 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-14 - Discharge of recorded mortgage--Certificate of release, contents, recording, fee.

44-8-14. Discharge of recorded mortgage--Certificate of release, contents, recording, fee.A recorded mortgage may be discharged upon the records of a register of deeds by filing for record and causing to be recorded at length a certificate signed by the mortgagee or his successor in interest by succession, assignment, representation, or otherwise, acknowledged, or proved and certified as prescribed by the statutes relating to recording acts, fully stating the names of the mortgagor, the mortgagee, the date of the mortgage, the date, county, state, book, and page of record of the mortgage, description of the mortgaged premises or part thereof sought to be released, and that the same are fully and completely released from all lien, force, and effect of the mortgage, or that the same is fully paid, satisfied, or discharged, or partially paid, satisfied, or discharged, and the extent thereof, as the case may be. The register of deeds shall record all such instruments upon the payment of the fee prescribed by law, and shall make note upon the margin of the record of the mortgage to the book and page where the discharge is recorded. Source: CivC 1877, §1735, subdivs 4, 5; CL 1887, §§4363, 4364; SL 1893, ch 119; RCivC 1903, §§2059, 2060; RC 1919, §§1563, 1564; SDC 1939, §39.0214.
SD Codified L § 44-8-15 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-15 - Mortgages affecting real property--Defective assignments or discharges recorded prior to July 1, 1939, legalized--Rights or purchasers or encumbrancers protected--Use as evidence--Rights barred by no action.

44-8-15. Mortgages affecting real property--Defective assignments or discharges recorded prior to July 1, 1939, legalized--Rights or purchasers or encumbrancers protected--Use as evidence--Rights barred by no action.The record of any assignment or discharge of mortgage affecting real property, which was otherwise entitled to be recorded, and which, prior to January 1, 1992, was copied into the proper book of records kept in the office of any register of deeds, and which has been properly indexed against the real property affected by such instrument, shall be deemed to impart sufficient notice of such instrument and its contents to subsequent purchasers and encumbrancers, notwithstanding that the description of the real property affected by such instrument shall have been omitted therefrom; but nothing herein contained shall affect the rights of purchasers or encumbrancers prior to July 1, 1939.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 1920 (SS), ch 69; SDC 1939, §§39.0302, 65.0303; SL 1992, ch 307, §57.
SD Codified L § 44-8-16 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-16 - Prior or superior mortgage affecting real property--Failure of mortgagor or successor in interest to pay installment due--Payment by holder of inferior mortgage--Added to amount due on mortgage.

44-8-16. Prior or superior mortgage affecting real property--Failure of mortgagor or successor in interest to pay installment due--Payment by holder of inferior mortgage--Added to amount due on mortgage.In case any installment of interest or principal upon any prior or superior mortgage shall become due and the mortgagor or his successor in interest shall fail to pay such interest or principal, the holder of any inferior mortgage on real estate may pay such interest or principal upon such prior mortgage, and the amount so paid shall thereupon be added to the amount due on the mortgage held by the person making such payment and may be included in such mortgage upon foreclosure of the same. Source: SL 1923, ch 223; SDC 1939 & Supp 1960, §37.3009.
SD Codified L § 44-8-17 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-17 - Real property sold on execution or on mortgage foreclosure--Renewal of insurance by purchaser--Payments of taxes or assessments by purchaser--Addition to cost of redemption from sale.

44-8-17. Real property sold on execution or on mortgage foreclosure--Renewal of insurance by purchaser--Payments of taxes or assessments by purchaser--Addition to cost of redemption from sale.In all cases where real property has been heretofore, or shall be hereafter, sold on execution or in any mortgage foreclosure proceeding, the purchaser at such sale, or his successor or successors in interest, may during the year or years of redemption, in case of the expiration during such year of any insurance policy on the premises sold, pay the premium necessary to procure a renewal of such policy; and in case of any taxes or assessments being delinquent, or in case any installment of interest or principal upon any prior or superior mortgage shall be due or become due during such period of redemption, the purchaser may pay the same when or after due, and in all such cases, the amount so paid, with interest thereon, shall be and constitute a part of the sum necessary to be paid for the redemption from such sale. Source: SL 1913, ch 274, §1; RC 1919, §2888; SL 1923, ch 223; SDC 1939 & Supp 1960, §37.3009.
SD Codified L § 44-8-18 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-18 - Past due installments of interest and principal on superior mortgage affecting real property--Payment by holder of inferior mortgage--Insurance, taxes, and assessments paid by purchaser at sale on execution or mortgage foreclosure--Payment by purchaser prior to redemption--Proof by verified written notice, recording, service, effect.

44-8-18. Past due installments of interest and principal on superior mortgage affecting real property--Payment by holder of inferior mortgage--Insurance, taxes, and assessments paid by purchaser at sale on execution or mortgage foreclosure--Payment by purchaser prior to redemption--Proof by verified written notice, recording, service, effect.Payments pursuant to §§44-8-16 and 44-8-17 may be proved by a written notice thereof verified by the affidavit of the purchaser, his agent, or attorney, stating the items and describing the premises, which may be recorded in the office of the register of deeds, and a copy thereof served upon the sheriff of the county, and from the date of such service the sheriff, before issuing any redemption certificate, must collect the full amount specified in such notice in addition to the amount which would otherwise be due in redemption from such sale, and pay the same over to the purchaser at such sale, or his assignee. Source: SL 1913, ch 274, §1; RC 1919, §2888; SL 1923, ch 223; SDC 1939 & Supp 1960, §37.3009.