reglab/housing_qa huggingface dataset:
SD Codified L § 44-8-19 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-19 - Bond to redeem without paying insurance, taxes or prior liens--Action on bond to determine validity.

44-8-19. Bond to redeem without paying insurance, taxes or prior liens--Action on bond to determine validity.In case any mortgagor, redemptioner, or judgment debtor, shall object to the payment of any such insurance premium, taxes, or prior liens on account of the incorrectness or invalidity thereof, he may file with the sheriff an indemnity bond, in an amount and with sureties to be approved by the sheriff, and thereupon the sheriff must permit redemption to be made without the payment of such insurance premiums, taxes, or prior liens so excepted to, and the purchaser may determine the correctness or validity thereof and collect the same by an action directly upon such bond, which action must be brought within one year next following such redemption. Source: SL 1913, ch 274, §2; RC 1919, §2889; SDC 1939 & Supp 1960, §37.3009; SL 1974, ch 55, §44.
SD Codified L § 44-8-20 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-20 - Deficiency in amount of purchase money mortgage given after June 30, 1933--Nonexistent after foreclosure of mortgage.

44-8-20. Deficiency in amount of purchase money mortgage given after June 30, 1933--Nonexistent after foreclosure of mortgage.No claim for any deficiency in the amount secured by any real estate mortgage given after June 30, 1933, to secure all or any part of the purchase price of such real estate shall exist after the foreclosure of such mortgage by action or advertisement, but such foreclosure shall be a full satisfaction of such mortgage and no deficiency judgment shall thereafter exist or be rendered. Source: SL 1933, ch 138, §§1, 2; SL 1935, ch 150, §§1, 2; SDC 1939, §39.0308.
SD Codified L § 44-8-21 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-21 - Mortgage securing note for purchase price of real estate--Nonnegotiability--Enforcement of liability--Endorsement of note.

44-8-21. Mortgage securing note for purchase price of real estate--Nonnegotiability--Enforcement of liability--Endorsement of note.In all cases where a note given by the purchaser and grantee of real estate to the vendor and grantor thereof to secure payment of all or any part of the purchase price is secured by a mortgage on such real estate, such note shall bear an endorsement upon its face to the effect that it is given for such purpose, and thereafter the same shall not be negotiable, nor shall any liability of any kind be enforced upon it either by action at law, or by set-off, or counterclaim, or otherwise, excepting by foreclosure of the mortgage. The rights of any party to said note, or of any assignee, or purchaser thereof, shall not be affected by the absence of such endorsement but shall be the same as though such note had been properly endorsed. Nothing herein contained shall apply to such note given prior to July 1, 1933. Source: SL 1933, ch 138, §3; SL 1935, ch 150, §3; SDC 1939, §39.0308.
SD Codified L § 44-8-22 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-22 - Rights of payee of note given in payment of purchase price--Deficiency judgment prohibition inapplicable unless note secured by real estate mortgage.

44-8-22. Rights of payee of note given in payment of purchase price--Deficiency judgment prohibition inapplicable unless note secured by real estate mortgage.Nothing contained in §44-8-20 or 44-8-21 shall affect the rights of a payee or other owner of a note given in payment of all or part of the purchase price of real estate unless such note is secured by a real estate mortgage. Source: SL 1933, ch 138, §4; SL 1935, ch 150, §4; SDC 1939, §39.0308.
SD Codified L § 44-8-23 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-23 - Executory contract remedies unaffected by deficiency judgment provisions.

44-8-23. Executory contract remedies unaffected by deficiency judgment provisions.Nothing contained in §44-8-20 or 44-8-21 shall affect the liabilities of the parties to a contract for sale of real estate prior to the time such contract is merged into a mortgage note and mortgage, and judgment for foreclosure or for the amount due under said contract or any other customary judgment, may be rendered under such contract. Source: SL 1933, ch 138, §5; SL 1935, ch 150, §5; SDC 1939, §39.0308.
SD Codified L § 44-8-24 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-24 - Deficiency judgment prohibition inapplicable to purchase money mortgage or notes held by federal agencies and instrumentalities.

44-8-24. Deficiency judgment prohibition inapplicable to purchase money mortgage or notes held by federal agencies and instrumentalities.Nothing contained in §44-8-20 or 44-8-21 shall apply to purchase money mortgages, or notes held by the United States of America, or any agent, agency, or instrumentality thereof, or any corporation or association whose obligations are guaranteed in whole or in part by the United States of America, and it, or such agencies, instrumentalities, corporations, or associations shall be entitled to enforce such mortgages, mortgage notes, and to have judgments thereon and collect deficiencies thereon, anything in said sections to the contrary notwithstanding. Source: SL 1935, ch 150, §6; SDC 1939, §39.0308.
SD Codified L § 44-8-25 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-25 - Deficiency judgment provisions not applicable to outside lenders.

44-8-25. Deficiency judgment provisions not applicable to outside lenders.Nothing contained in this chapter shall affect the rights or liabilities of a mortgagor or mortgagee under a mortgage given by a purchaser or grantee of real estate to a lender who is not the vendor or grantor of such real estate. Source: SL 1970, ch 250.
SD Codified L § 44-8-26 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-26 - Collateral real estate mortgages.

44-8-26. Collateral real estate mortgages.A mortgage which contains the following statement in printed or typed capital letters: THE PARTIES AGREE THAT THIS MORTGAGE CONSTITUTES A COLLATERAL REAL ESTATE MORTGAGE PURSUANT TO SDCL 44-8-26, is subject to the provisions of this section. A mortgage executed pursuant to this section shall be entitled in printed or typed capital letters: MORTGAGE--COLLATERAL REAL ESTATE MORTGAGE. A mortgage made pursuant to this section shall, notwithstanding the fact that from time to time during the term thereof no indebtedness is due from the mortgagor to the mortgagee, constitute a continuing lien against the real property covered thereby for the amount stated in the mortgage. Any sums not exceeding the face amount of the mortgage, together with interest thereon as provided in the instrument secured by the mortgage, advanced by the mortgagee prior to or during the term of the mortgage have a lien priority as of the date the mortgage was filed. At any time the indebtedness due the mortgagee is zero, the mortgagor may demand in writing that the mortgage be satisfied, and the mortgagee shall within ten days thereafter execute and record a satisfaction thereof. Collateral real estate mortgages may be used to secure commercial, agricultural or consumer loans or lines of credit including, but not limited to, revolving notes and credits and over-draft checking plans.A filed collateral real estate mortgage is effective for a period of five years from the date of filing and thereafter for a period of sixty days. No sums advanced subsequent to the end of the sixty-day period, save and except sums advanced for protection of the real estate collateral and for real property taxes or insurance, are secured by the collateral real estate mortgage unless an addendum to the collateral real estate mortgage extending its effective date is filed prior to the end of the sixty-day period. An addendum continuing the effectiveness of the collateral real estate mortgage may be filed by the mortgagee within six months before and sixty days after the expiration of the five-year effective date.An addendum to a collateral real estate mortgage for the sole purpose of continuing the effectiveness of its lien need be signed only by the mortgagee. Upon the timely filing of such an addendum to a collateral real estate mortgage, the effectiveness of the collateral real estate mortgage will be continued for five years and sixty days after the addendum filing date. Thereafter, the addendum shall lose effectiveness to secure sums advanced after the sixty day period to the extent as provided above, unless another addendum to the collateral real estate mortgage continuing the effectiveness of its lien is filed prior to the end of the sixty day period. Succeeding addendums to collateral real estate mortgages may be filed in the same manner to continue the effectiveness of the lien of the collateral real estate mortgage. Source: SL 1981, ch 310; SL 2009, ch 225, §1; SL 2011, ch 199, §1.
SD Codified L § 44-8-27 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-27 - Due-on-sale clause defined.

44-8-27. Due-on-sale clause defined.For the purpose of this section and §44-8-28, a due-on-sale clause is a provision of a real estate mortgage which requires that the note secured by the mortgage be paid at the time the property is transferred and no assumption of the original note is permitted. Source: SL 1981, ch 311, §1.
SD Codified L § 44-8-28 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-28 - Inclusion of due-on-sale clause in mortgage required for enforcement.

44-8-28. Inclusion of due-on-sale clause in mortgage required for enforcement.No lender may enforce a due-on-sale clause unless the real estate mortgage includes such clause. Source: SL 1981, ch 311, §2.
SD Codified L § 44-8-29 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-29 - Definition of terms.

44-8-29. Definition of terms.Terms used in §§44-8-30 to 44-8-35, inclusive, mean:(1)"Mortgage," a mortgage or mortgage lien on an interest in real property in this state given to secure a loan;(2)"Mortgagee," the grantee of a mortgage or, if a mortgage has been assigned of record, the last person to whom the mortgage has been assigned of record;(3)"Mortgage servicer," the last person to whom a mortgagor or the mortgagor's successor in the interest has been instructed by a mortgagee to send payments on a loan secured by a mortgage. A person transmitting a payoff statement is the mortgage servicer for the mortgage described in the payment statement;(4)"Mortgagor," the grantor of a mortgage;(5)"Payoff statement," a statement of the amount of the unpaid balance of a loan secured by a mortgage, including principal, interest, and any other charges properly due under or secured by the mortgage; and interest on a per day basis for the unpaid balance;(6)"Record," to record with the county register of deeds;(7)"Title insurance company," any corporation or other business entity authorized and licensed to transact the business of insuring titles to interests in real property in this state under chapter 58-25. Source: SL 1997, ch 251, §1.
SD Codified L § 44-8-30 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-30 - Certificate of release--Conditions.

44-8-30. Certificate of release--Conditions.Any officer or duly appointed agent of a title insurance company may, on behalf of a mortgagor or a person who acquired from the mortgagor title to all or a part of the property described in a mortgage, execute a certificate of release that complies with the requirements of §§44-8-30 to 44-8-35, inclusive, and record the certificate of release in the real property records of each county in which the mortgage is recorded if a satisfaction or release of the mortgage has not been executed and recorded after the date payment in full of the loan secured by the mortgage was received in accordance with a payoff statement furnished by the mortgagee or the mortgage servicer. Source: SL 1997, ch 251, §2; SL 2002, ch 201, §1.
SD Codified L § 44-8-31 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-31 - Requirements of certificate of release.

44-8-31. Requirements of certificate of release.A certificate of release executed under §§44-8-30 to 44-8-35, inclusive, shall contain substantially all of the following:(1)The name of the mortgagor; the name of the original mortgagee; if applicable, the mortgage servicer; the date of the mortgage; the date of recording; and the volume and page or document number in the real property records where the mortgage is recorded; together with similar information for the last recorded assignment of the mortgage;(2)A statement that the mortgage was in the original principal amount of five hundred thousand dollars or less;(3)A statement that the person executing the certificate of release is an officer or a duly appointed agent of a title insurance company authorized and licensed to transact the business of insuring titles to interests in real property in this state under chapter 58-25;(4)A statement that the certificate of release is made on behalf of the mortgagor or a person who acquired title from the mortgagor to all or a part of the property described in the mortgage;(5)A statement that the mortgagee or mortgage servicer provided a payoff statement that was used to make payment in full of the unpaid balance of the loan secured by the mortgage; and(6)A statement that payment in full of the unpaid balance of the loan secured by the mortgage was made in accordance with the written or verbal payoff statement, and received by the mortgagee or mortgage servicer, as evidenced by one or more of the following in the records of the title insurance company or its agent: a bank check, certified check, escrow account check from the title company or title insurance agent, or attorney trust account check that has been negotiated by the mortgagee or mortgage servicer, or other documentary evidence of payment to the mortgage or mortgage servicer. Source: SL 1997, ch 251, §3; SL 2002, ch 201, §2.
SD Codified L § 44-8-32 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-32 - Execution and acknowledgment of certificate of release--Appointment of agent.

44-8-32. Execution and acknowledgment of certificate of release--Appointment of agent.A certificate of release authorized by §44-8-30 shall be executed and acknowledged as required by law in the case of a deed pursuant to §43-25-5 and may be executed by a duly appointed agent of a title insurance company, but such delegation to an agent by a title insurance company does not relieve the title insurance company of any liability for damages caused by its agent for the wrongful or erroneous execution of a certificate of release. The appointment of agent shall be executed and acknowledged as required by law in the case of a deed pursuant to §43-25-5 and shall state:(1)Title insurance company as the grantor;(2)The identity of the person, partnership, or corporation authorized to act as agent to execute and record certificates of release provided for in §§44-8-30 to 44-8-35, inclusive, on behalf of the title insurance company;(3)That the agent has the full authority to execute and record certificates of release provided for in §§44-8-30 to 44-8-35, inclusive, on behalf of the title insurance company;(4)The term of appointment of the agent; and(5)That the agent has consented to and accepts the terms of the appointment.A single appointment of agent may be recorded in each county in the register of deed's office. A separate appointment of agent is not necessary for each certificate of release. The appointment of agent shall be shown on each certificate of release. The appointment of agent may be rerecorded if necessary to establish authority of the agent, but such authority continues until a revocation of appointment is recorded in the office of the county register of deeds where the appointment of agent was recorded. Source: SL 1997, ch 251, §4.
SD Codified L § 44-8-33 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-33 - Certificate of release prima facie evidence--Recording.

44-8-33. Certificate of release prima facie evidence--Recording.For purposes of releasing a mortgage, a certificate of release containing the information and statements provided for in §44-8-31 and executed as provided in §§44-8-30 to 44-8-35, inclusive, is prima facie evidence of the facts contained in it, shall be recorded with the county register of deeds, and operates as a release of the mortgage described in the certificate of release. The county register of deeds shall rely upon the certificate of release to release the mortgage. Recording of a wrongful or erroneous certificate of release by a title insurance company or its agent does not relieve the mortgagor, or the mortgagor's successors or assigns, from any personal liability on the loan or other obligations secured by the mortgage. In addition to any other remedy provided by law, a title insurance company wrongfully or erroneously recording a certificate of release under §§44-8-30 to 44-8-35, inclusive, is liable to the mortgagee for damages sustained due to the recordings of the certificate of release, including reasonable attorney fees. Source: SL 1997, ch 251, §5.
SD Codified L § 44-8-34 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-34 - Recording certificate of release in multiple counties.

44-8-34. Recording certificate of release in multiple counties.If the mortgage is recorded in more than one county and a certificate of release is recorded in one of them, a certified copy of the certificate of release may be recorded in another county with the same effect as the original. In all cases, the certificate of release shall be recorded and indexed as satisfactions of mortgage are recorded and indexed pursuant to §44-8-14. Source: SL 1997, ch 251, §6.
SD Codified L § 44-8-35 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-35 - Application of certificate of release only to certain mortgages.

44-8-35. Application of certificate of release only to certain mortgages.Sections 44-8-30 to 44-8-35, inclusive, apply only to a mortgage in the original principal amount of five hundred thousand dollars or less. Source: SL 1997, ch 251, §7.
SD Codified L § 44-9-1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-1 - Persons entitled to lien--Property affected--Extent of lien--Exceptions.

44-9-1. Persons entitled to lien--Property affected--Extent of lien--Exceptions.Whoever shall, at the request of the owner or the duly authorized agent or representative of the owner, or of any contractor or subcontractor, furnish skill, labor, services, including light, power, or water, equipment, or materials for the improvement, development, or operation of property as hereinafter specified, shall have a first lien thereon and the appurtenances thereto, prior and superior to all other liens except those of the state or of the United States, and except existing liens, mortgages, or other encumbrances then of record or of which the lien claimant has actual notice, for the price or value of the same, so furnished, subject to the further provisions of this chapter, as follows:(1)For the erection, alteration, repair, or removal of any building, fixture, bridge, fence, or other structure or for grading, filling in, or excavating the same, or for digging or repairing any ditch, drain, well, cistern, reservoir, or vault thereon or for laying, altering, or repairing any sidewalk, curb, gutter, paving, sewer, pipe, or conduit in or upon the same or in or upon the adjoining half of any highway, street, or alley upon which the property abuts, a lien upon the said improvement and the land on which it is situated, or to which it may be removed;(2)For the construction, alteration, or repair of any line of railway or of any telegraph, telephone, electric light, or power line, or of any line of pipe, conduit, or subway or any structure, appliance, or fixture upon or appertaining to any of them, a lien upon the public utility so constructed, altered, or repaired and upon the line, plants, and property thereof and upon all the rights, franchises, and privileges of the owner appertaining thereto;(3)Upon any mine or mining claim, oil or gas well or spring, a lien upon the same and any rights, privileges, franchises, easements, and tangible property and other property or appliances appurtenant thereto, for any of the items hereinbefore specified or referred to as giving right to a lien. Source: SL 1879, ch 41, §8; CL 1887, §§2039, 2046; SL 1895, ch 134, §1; RPolC 1903, §§2573, 2580; SL 1903, ch 182; SL 1909, ch 49, §§1, 11; SL 1913, ch 263, §§1, 3; SL 1915, ch 243, §§1, 11; RC 1919, §§1631, 1642, 1643, 1645; SDC 1939, §39.0701.
SD Codified L § 44-9-2 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-2 - Construction of improvements with knowledge of owner subjects land to lien--Exceptions.

44-9-2. Construction of improvements with knowledge of owner subjects land to lien--Exceptions.When improvements are made by one person upon the land of another, all persons interested therein otherwise than as bona fide prior encumbrancers or lienors shall be deemed to have authorized such improvements, insofar as to subject their interests to the liens therefor; provided that as against a lessor no lien is given for repairs made by or at the instance of his lessee. Source: SL 1913, ch 263, §5; RC 1919, §1647; SDC 1939, §39.0706.
SD Codified L § 44-9-3 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-3 - Vendee authorized to improve land sold under executory contract--Forfeiture or surrender of contract after attachment of liens for improvements--Liability of vendor.

44-9-3. Vendee authorized to improve land sold under executory contract--Forfeiture or surrender of contract after attachment of liens for improvements--Liability of vendor.Whenever land is sold under an executory contract authorizing the vendee to improve the same, and such contract is forfeited or surrendered after liens have attached by reason of such improvements, the title of the vendor shall be subject thereto, but he shall not be personally liable if the contract was made in good faith. Source: SL 1913, ch 263, §5; RC 1919, §1647; SDC 1939, §39.0706.
SD Codified L § 44-9-4 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 09 - Mechanics' And Materialmen's Liens|Section 44-9-4 - Improvement not authorized by owner of land--Notice of nonliability.

44-9-4. Improvement not authorized by owner of land--Notice of nonliability.Any person who has not authorized the improvement may protect his interests from such liens by serving upon the persons doing the work or otherwise contributing to such improvement, within five days after knowledge thereof, written notice that the improvement is not being made at his instance, or by posting like notice, and keeping the same posted, in a conspicuous place on the premises. Source: SL 1913, ch 263, §5; RC 1919, §1647; SDC 1939, §39.0706.