reglab/housing_qa huggingface dataset:
SD Codified L § 44-4-1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 04 - Release Of Liens By Undertaking|Section 44-4-1 - Liens subject to release by undertaking.

44-4-1. Liens subject to release by undertaking.When any mechanics', miners', laborers', or materialmen's lien on real or personal property or on the proceeds of public improvement contracts, lien for the service of sires, seed lien, crop production lien, or vaccination of livestock lien under the provisions of chapters 5-22, 38-17, 40-27, 44-9, and 44-11, is filed against real or personal property located in this state, the property affected may be released by an undertaking in the manner provided in this chapter. Source: SL 1966, ch 124, §1.
SD Codified L § 44-4-2 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 04 - Release Of Liens By Undertaking|Section 44-4-2 - Affidavit by interested person or agent to release property from lien by undertaking--Filing with custodian of lien record--Contents.

44-4-2. Affidavit by interested person or agent to release property from lien by undertaking--Filing with custodian of lien record--Contents.The owner of the property to be released by undertaking, or a person substantially affected thereby or having a substantial interest in the lien to be released, shall cause to be filed with the officer having control or custody of the record of the lien, his affidavit, or the affidavit of his agent or attorney, describing the property, lien, and his interest in said property and stating that the owner or interested party desires a discharge of the lien from the records. Source: SL 1966, ch 124, §2.
SD Codified L § 44-4-3 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 04 - Release Of Liens By Undertaking|Section 44-4-3 - Undertaking to release property from lien--Amount--Sureties--Terms and conditions--Justification of sureties.

44-4-3. Undertaking to release property from lien--Amount--Sureties--Terms and conditions--Justification of sureties.The person filing an affidavit pursuant to §44-4-2 shall cause to be filed with the officer an undertaking in an amount of not less than twice the amount of the lien executed by at least two sureties, resident freeholders of this state, or a qualified corporate surety, to the effect that the owner or interested party will, on demand, pay the amount that may be recovered by the lien claimant, together with interest and costs. Personal sureties shall justify their responsibility by affidavit annexed to the undertaking, stating a sum which each is worth in property in this state over and above all debts and liabilities and property exempt from execution, the aggregate of which shall be double the amount specified in the undertaking. Source: SL 1966, ch 124, §2.
SD Codified L § 44-4-4 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 04 - Release Of Liens By Undertaking|Section 44-4-4 - Affidavit to release property from lien by undertaking--Filing fee--Recording of documents--Certified copies as evidence.

44-4-4. Affidavit to release property from lien by undertaking--Filing fee--Recording of documents--Certified copies as evidence.The officer before whom the proceedings are held may charge a fee in accordance with subdivision 7-9-15(3) upon the filing of the affidavit and undertaking and notice, and the documents shall be filed or recorded in the same manner as the notice of lien. Certified copies of the documents shall be prima facie evidence, in the courts of this state, of the matters therein contained. Source: SL 1966, ch 124, §5; SL 1999, ch 33, §4.
SD Codified L § 44-4-5 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 04 - Release Of Liens By Undertaking|Section 44-4-5 - Service of affidavit, undertaking, and notice of time and place of hearing on lien claimant or agent--Return.

44-4-5. Service of affidavit, undertaking, and notice of time and place of hearing on lien claimant or agent--Return.The person presenting the release from lien by undertaking shall serve a copy of the affidavit and undertaking, together with a notice designating the time when and the office where the application will be made for release of the lien, on the lien claimant or the lien claimant's agent or attorney either personally in the manner provided for service of a summons or by certified mail not less than ten days before the time of the application. Return or affidavit of service or affidavit of mailing with postal receipt attached shall be filed with the officer having control and custody of the record of the lien. Source: SL 1966, ch 124, §3; SL 2007, ch 253, §1.
SD Codified L § 44-4-6 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 04 - Release Of Liens By Undertaking|Section 44-4-6 - Hearing on application for release of property from lien by undertaking--Exception to sufficiency of surety--Justification of sureties--Dismissal of application upon failure of sureties to justify.

44-4-6. Hearing on application for release of property from lien by undertaking--Exception to sufficiency of surety--Justification of sureties--Dismissal of application upon failure of sureties to justify.At the time and place specified in the notice for the hearing, the lien claimant or his agent or attorney may except to the sufficiency of the surety, and thereupon the sureties may justify before the officer named in the original notice. If the sureties, or others substituted, fail to justify within ten days from the date named for the hearing, said application shall be dismissed. Source: SL 1966, ch 124, §4; SL 1988, ch 27, §12.
SD Codified L § 44-4-7 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 04 - Release Of Liens By Undertaking|Section 44-4-7 - Approval of undertaking for release of property from lien--Discharge of lien--Recording by marginal entry.

44-4-7. Approval of undertaking for release of property from lien--Discharge of lien--Recording by marginal entry.If no exception is taken to the sufficiency of the sureties, or if the sureties justify as provided in §44-4-6, and if the officer having control of the record of the lien approves the undertaking the lien shall be discharged of record by an entry on the margin of the record thereof as follows: "discharged by undertaking." The officer shall date and sign the discharge and thereafter the lien shall be of no effect. Source: SL 1966, ch 124, §4.
SD Codified L § 44-4-8 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 04 - Release Of Liens By Undertaking|Section 44-4-8 - Release and exoneration of sureties on undertaking for release of property from lien.

44-4-8. Release and exoneration of sureties on undertaking for release of property from lien.Sureties on the bond shall be released and exonerated unless action is commenced on the claim on which said lien was based within one year from the date said lien was discharged. Source: SL 1966, ch 124, §4.
SD Codified L § 44-5-1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 05 - Extinguishment Of Liens|Section 44-5-1 - Lien extinguishable as accessory obligation.

44-5-1. Lien extinguishable as accessory obligation.A lien is to be deemed accessory to the act for the performance of which it is security, whether any person is bound for such performance or not and is extinguishable as any accessory obligation. Source: CivC 1877, §1717; CL 1887, §4341; RCivC 1903, §2037; RC 1919, §1542; SDC 1939, §39.0119.
SD Codified L § 44-5-2 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 05 - Extinguishment Of Liens|Section 44-5-2 - Voluntary restoration of property to owner by lien holder--Extinguishment of lien--Exception.

44-5-2. Voluntary restoration of property to owner by lien holder--Extinguishment of lien--Exception.The voluntary restoration of property to its owner by the holder of a lien thereon dependent upon possession extinguishes the lien as to such property unless otherwise agreed by the parties and extinguishes it, notwithstanding any such agreement, as to creditors of the owner and persons subsequently acquiring title to the property, or a lien thereon, in good faith and for a good consideration. Source: CivC 1877, §1721; CL 1887, §4345; RCivC 1903, §2041; RC 1919, §1546; SDC 1939, §39.0123.
SD Codified L § 44-5-3 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 05 - Extinguishment Of Liens|Section 44-5-3 - Sale or conversion of property subject to lien--Satisfaction of claim--Lien extinguished.

44-5-3. Sale or conversion of property subject to lien--Satisfaction of claim--Lien extinguished.The sale of any property on which there is a lien toward satisfaction of the claim secured thereby, and in case of personal property, its wrongful conversion by the person holding the lien, extinguishes the lien thereon. Source: CivC 1877, §1718; CL 1887, §4342; RCivC 1903, §2038; RC 1919, §1543; SDC 1939, §39.0120.
SD Codified L § 44-5-4 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 05 - Extinguishment Of Liens|Section 44-5-4 - Act secured by lien--Partial performance does not extinguish lien.

44-5-4. Act secured by lien--Partial performance does not extinguish lien.The partial performance of an act secured by a lien does not extinguish the lien upon any part of the property, even if it is divisible. Source: CivC 1877, §1720; CL 1887, §4344; RCivC 1903, §2040; RC 1919, §1545; SDC 1939, §39.0122.
SD Codified L § 44-5-5 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 05 - Extinguishment Of Liens|Section 44-5-5 - Lien not extinguished by limitation of action on main obligation.

44-5-5. Lien not extinguished by limitation of action on main obligation.A lien is not extinguished by the mere lapse of the time within which an action could be brought upon the main obligation under the statutes of limitation of actions. Source: CivC 1877, §1719; CL 1887, §4343; RCivC 1903, §2039; RC 1919, §1544; SDC 1939, §39.0121.
SD Codified L § 44-6-1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 06 - Vendor's And Vendee's Liens|Section 44-6-1 - Purchase price of real property--Special or vendor's lien.

44-6-1. Purchase price of real property--Special or vendor's lien.One who sells real property has a special or vendor's lien thereon, independent of possession, for so much of the price as remains unpaid and unsecured otherwise than by the personal obligation of the buyer. Source: CivC 1877, §1801; CL 1887, §4436; RCivC 1903, §2148; RC 1919, §1689; SDC 1939, §39.0601.
SD Codified L § 44-6-2 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 06 - Vendor's And Vendee's Liens|Section 44-6-2 - Agreement for purchase of real property--Payment of part of purchase price--Special or vendee's lien for amount paid.

44-6-2. Agreement for purchase of real property--Payment of part of purchase price--Special or vendee's lien for amount paid.One who pays to the owner any part of the price of real property under an agreement for the purchase thereof has a special or vendee's lien upon the property independent of possession for such part of the amount paid as he may be entitled to recover back in case of failure of consideration. Source: CivC 1877, §1805; CL 1887, §4440; RCivC 1903, §2152; RC 1919, §1693; SDC 1939, §39.0601.
SD Codified L § 44-6-3 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 06 - Vendor's And Vendee's Liens|Section 44-6-3 - Validity of liens of vendors and vendees--Exception.

44-6-3. Validity of liens of vendors and vendees--Exception.The liens described by §§44-6-1 and 44-6-2 are valid against everyone claiming under the debtor, except a purchaser or encumbrancer without notice, in good faith, and for value. Source: CivC 1877, §1803; CL 1887, §4438; RCivC 1903, §2150; RC 1919, §1691; SDC 1939, §39.0601.
SD Codified L § 44-6-4 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 06 - Vendor's And Vendee's Liens|Section 44-6-4 - Written contract by buyer of real property for payment of purchase price to seller--Transfer of contract by seller waives lien to extent of sum payable under contract--Exception.

44-6-4. Written contract by buyer of real property for payment of purchase price to seller--Transfer of contract by seller waives lien to extent of sum payable under contract--Exception.Where a buyer of real property gives to the seller a written contract for the payment of all or part of the price, an absolute transfer of such contract by the seller waives his lien to the extent of the sum payable under the contract, but a transfer of such contract in trust to pay debts and return the surplus is not a waiver of the lien. Source: CivC 1877, §1802; CL 1887, §4437; RCivC 1903, §2149; RC 1919, §1690; SDC 1939, §39.0602.
SD Codified L § 44-6-5 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 06 - Vendor's And Vendee's Liens|Section 44-6-5 - Lien on personal property for purchase price--Enforcement.

44-6-5. Lien on personal property for purchase price--Enforcement.One who sells personal property has a special lien thereon, dependent on possession for its price, if it is in his possession when the price becomes payable and may enforce his lien in like manner as if the property was pledged to him for the price. Source: CivC 1877, §1804; CL 1887, §4439; RCivC 1903, §2151; RC 1919, §1692; SDC 1939, §39.0603.
SD Codified L § 44-7-1.1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 07 - Federal Tax Lien Registration|Section 44-7-1.1 - Applicability of chapter.

44-7-1.1. Applicability of chapter.This chapter applies only to federal tax liens and to other federal liens notices that, under any act of Congress or any federal regulation adopted pursuant to any act of Congress, are required or permitted to be filed in the same manner as notices of federal tax liens. Source: SL 1988, ch 355, §1; SL 2005, ch 236, §1.
SD Codified L § 44-7-2.1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 07 - Federal Tax Lien Registration|Section 44-7-2.1 - Procedure for filing under chapter.

44-7-2.1. Procedure for filing under chapter.Filings made pursuant to this chapter shall be as follows:(1)Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens shall be filed in accordance with this chapter;(2)Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the register of deeds in the county in which the real property subject to the liens is situated;(3)Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows:(a)If the person against whose interest the lien applies is a corporation or a partnership whose principal place of business is in this state, as these entities are defined in the internal revenue laws of the United States, in the Office of the Secretary of State;(b)In all other cases, in the office of the register of deeds of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien. Source: SL 1988, ch 355, §2.
SD Codified L § 44-7-3.1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 07 - Federal Tax Lien Registration|Section 44-7-3.1 - Certification as entitling liens, etc., to be filed.

44-7-3.1. Certification as entitling liens, etc., to be filed.Certification of notices of liens, certificates, or other notices affecting federal liens by the secretary of the treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgment is necessary. Source: SL 1988, ch 355, §3.
SD Codified L § 44-7-4.1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 07 - Federal Tax Lien Registration|Section 44-7-4.1 - Duty of secretary of state or register of deeds on presentation of notice of federal lien, refiling of notice, or notice of revocation of certificate.

44-7-4.1. Duty of secretary of state or register of deeds on presentation of notice of federal lien, refiling of notice, or notice of revocation of certificate.If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in §44-7-5.1 is presented for filing:(1)To the secretary of state, the secretary of state shall cause the notice to be marked, held, and indexed in accordance with the provisions of chapter 57A-9, as if the notice were a financing statement within the meaning of the Uniform Commercial Code; or(2)To any register of deeds, the register of deeds shall receive, record, and index the notice in the same manner as similar instruments are recorded and indexed. Source: SL 1988, ch 355, §4; SL 1990, ch 30, §10; SL 2005, ch 236, §2.
SD Codified L § 44-7-5.1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 07 - Federal Tax Lien Registration|Section 44-7-5.1 - Duty of secretary of state on presentation of certificate of release, nonattachment, withdrawal, discharge, or subordination.

44-7-5.1. Duty of secretary of state on presentation of certificate of release, nonattachment, withdrawal, discharge, or subordination.If a certificate of release, nonattachment, withdrawal, discharge, or subordination of any lien is presented to the secretary of state for filing, the secretary of state shall:(1)Cause a certificate of release, nonattachment, or withdrawal to be marked, held, and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, but the notice of lien to which the certificate relates may not be removed from the files; and(2)Cause a certificate of discharge or subordination to be marked, held, and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code. Source: SL 1988, ch 355, §5; SL 2005, ch 236, §3.
SD Codified L § 44-7-5.2 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 07 - Federal Tax Lien Registration|Section 44-7-5.2 - Duty of filing officer to accept liens in authorized method or medium.

44-7-5.2. Duty of filing officer to accept liens in authorized method or medium.The filing officer shall accept liens described in this chapter in the method or medium authorized by the filing office in accordance with chapter 57A-9 and rule of the appropriate filing office. Source: SL 2005, ch 236, §4.
SD Codified L § 44-7-8.1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 07 - Federal Tax Lien Registration|Section 44-7-8.1 - Schedule of fees for filing lien or certificate or notice affecting lien--Deposit of fee.

44-7-8.1. Schedule of fees for filing lien or certificate or notice affecting lien--Deposit of fee.For filing a lien or certificate or notice affecting any lien filed under this chapter, the fee is as follows:(1)Twenty dollars if the record is communicated in writing; and(2)Fifteen dollars if the record is communicated by another method or medium authorized by filing office rule.If the filing is with the secretary of state, one dollar of the fee shall be deposited into the financing statement filing fee fund. Source: SL 1988, ch 355, §8; SL 2005, ch 236, §7.
SD Codified L § 44-7-8.2 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 07 - Federal Tax Lien Registration|Section 44-7-8.2 - Fees for responding to request for information.

44-7-8.2. Fees for responding to request for information.For responding to a request for information from the filing office, including communicating whether there is on file any lien, certificate, or notice affecting any lien filed under this chapter naming a particular debtor, the fee is as follows:(1)Twenty dollars if the record is communicated in writing; and(2)Fifteen dollars if the record is communicated by another method or medium authorized by filing office rule.The secretary of state shall use the procedures set forth in §57A-9-523 to respond to a request for information from the filing office. Source: SL 2005, ch 236, §8.
SD Codified L § 44-7-8.3 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 07 - Federal Tax Lien Registration|Section 44-7-8.3 - Uniform application and construction of chapter--Filing system.

44-7-8.3. Uniform application and construction of chapter--Filing system.This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it and to permit the filing office to use a filing system to record and maintain notices of liens, certificates, and other notices affecting federal tax liens or other federal liens in a manner authorized by the filing office and to permit federal officials to file notices of liens, certificates, and notices affecting those liens upon real or personal property for obligations payable to the United States under the filing system authorized by the filing office. Source: SL 2005, ch 236, §9.
SD Codified L § 44-7-10 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 07 - Federal Tax Lien Registration|Section 44-7-10 - Tax liens and notices filed before effective date of chapter.

44-7-10. Tax liens and notices filed before effective date of chapter.Filing officers with whom notices of federal tax liens, certificates, and notices affecting such liens have been filed on or before July 1, 1967, shall continue to maintain a file labeled "federal tax lien notices filed prior to July 1, 1967" containing notices and certificates filed in numerical order of receipt. If a notice of lien was filed on or before July 1, 1967, any certificate or notice affecting the lien shall be filed in the same office. Source: SL 1967, ch 154, §6.
SD Codified L § 44-8-1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-1 - Creation, renewal, or extension of mortgage of real property--Formalities required.

44-8-1. Creation, renewal, or extension of mortgage of real property--Formalities required.A mortgage of real property can be created, renewed, or extended only by writing, executed with the formalities required in the case of a grant of real property. Source: CivC 1877, §1722; CL 1887, §4346; RCivC 1903, §2042; RC 1919, §1547; SDC 1939, §39.0201.
SD Codified L § 44-8-1.1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-1.1 - Real property interests subject to mortgage.

44-8-1.1. Real property interests subject to mortgage.Any interest in real property which is capable of being transferred may be mortgaged. Source: CivC 1877, §1727, subdiv 1; CL 1887, §4351, subdiv 1; RCivC 1903, §2047, subdiv 1; RC 1919, §1551 (1); SDC 1939, §39.0207 (1); repealed SL 1966, ch 150, §10-102; re-enacted SL 1970, ch 251.
SD Codified L § 44-8-1.2 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-1.2 - After-acquired title of real property mortgagor.

44-8-1.2. After-acquired title of real property mortgagor.Title to real property acquired by the mortgagor subsequent to the execution of the mortgage inures to the mortgagee as security for the debt in like manner as if acquired before execution. Source: CivC 1877, §1727, subdiv 2; CL 1887, §4351, subdiv 2; RCivC 1903, §2047, subdiv 2; RC 1919, §1551 (2); SDC 1939, §39.0207 (2); repealed SL 1966, ch 150, §10-102; re-enacted SL 1970, ch 251.
SD Codified L § 44-8-1.3 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 08 - Real Estate Mortgages|Section 44-8-1.3 - Mortgagor not bound to personal performance.

44-8-1.3. Mortgagor not bound to personal performance.A real estate mortgage does not bind the mortgagor personally to perform the act for the performance of which it is a security unless there is an express covenant therein to that effect. Source: CivC 1877, §1727, subdiv 3; CL 1887, §4351, subdiv 3; RCivC 1903, §2047, subdiv 3; RC 1919, §1551 (3); SDC 1939, §39.0207 (3); repealed SL 1966, ch 150, §10-102; re-enacted SL 1970, ch 251.