reglab/housing_qa huggingface dataset:
SD Codified L § 21-49-27 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-27 - Bid of less than full debt amount--Requirements--Execution for deficiency.

21-49-27. Bid of less than full debt amount--Requirements--Execution for deficiency.If the holder of the mortgage is not willing to bid the full amount of the judgment debt, and if foreclosure has been commenced by action, such holder shall establish at the time of the trial to the satisfaction of the court, the fair and reasonable value of the mortgaged premises, and the court shall determine the value less the sum of the balances due, as of the date of judgment, on any prior liens or encumbrances upon the mortgaged premises, including liens or charges for real property taxes and special assessments. If the court shall find such fair and reasonable value, less the sum of the balances due, as of the date of judgment, on any prior liens or encumbrances upon the mortgaged premises, including liens or charges for real property taxes and special assessments, to be less than the sum due on the mortgage with costs and disbursements, and expense of sale, the court may by such judgment authorize such holder to bid not less than the value as thus determined, 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. If foreclosure has been commenced by advertisement, the mortgagee may seek a deficiency in accordance with §21-48-14. If foreclosure has been commenced by action and a deficiency remains after the foreclosure sale, such holder shall be entitled to a general execution for such deficiency only upon application to the court. Source: SL 1977, ch 187, §16; SL 1981, ch 170, §5; SL 1989, ch 191, §4.
SD Codified L § 21-49-28 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-28 - Foreclosure as complete satisfaction of debt.

21-49-28. Foreclosure as complete satisfaction of debt.Except as provided in §21-49-27, such foreclosure shall operate as a complete satisfaction of the debt secured by a mortgage and judgment issued under this chapter. Source: SL 1977, ch 187, §17.
SD Codified L § 21-49-29 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-29 - Application of sale proceeds.

21-49-29. Application of sale proceeds.It shall be the duty of any officer who conducts any such sale to apply the proceeds in the following priority:(1)To the payment of the expenses of sale;(2)To the payment of the costs included in the judgment upon which sale was made;(3)To the discharge of the debt adjudged to be due;(4)To pay the surplus, if any, into court for the use of the defendants subject to the order of the court. Source: SL 1977, ch 187, §18.
SD Codified L § 21-49-30 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-30 - Certificate of sale to purchaser--Contents--Recording--Commencement of redemption period.

21-49-30. Certificate of sale to purchaser--Contents--Recording--Commencement of redemption period.The person making such sale shall give to the purchaser a certificate of sale, containing:(1)A recital of the fact of the sale, stating the time, and place, and the name of the purchaser;(2)The legal description of the property sold;(3)The price bid for each distinct parcel; and(4)The whole price paid.The certificate shall be executed and acknowledged and shall be recorded in the office of the register of deeds where the property is located within twenty days from the date of sale. The period of redemption as provided in this chapter shall commence on the date that the certificate is recorded. Source: SL 1977, ch 187, §19.
SD Codified L § 21-49-31 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-31 - Redemption defined.

21-49-31. Redemption defined.Redemption as provided in this chapter is the right to repay the total amount of the judgment, and any deficiency as determined by the court, together with such additional sums as prescribed by §21-49-34. Source: SL 1977, ch 187, §20.
SD Codified L § 21-49-32 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-32 - Waste of property restrained during redemption period.

21-49-32. Waste of property restrained during redemption period.Until the expiration of the time for redemption, the court may restrain the commission of waste on the property upon the application of the purchaser or the judgment creditor. Source: SL 1977, ch 187, §21.
SD Codified L § 21-49-33 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-33 - Right of judgment debtor and lien holders to redeem.

21-49-33. Right of judgment debtor and lien holders to redeem.The judgment debtor or successor, and the holders of any lien, legal or equitable, subsequent and junior to that from which redemption is to be made, on the property sold, or any part thereof, shall have the right to redeem from such sale during the redemption period. Source: SL 1977, ch 187, §22.
SD Codified L § 21-49-34 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-34 - Payments by persons redeeming.

21-49-34. Payments by persons redeeming.Such persons may redeem from the purchaser by paying the person making the sale the amount of the purchase price, plus any sums paid by the purchaser to protect his interest in such property in particular, but not in limitation thereof, for such items as taxes, insurance, maintenance expenses reasonably incurred to preserve the value of the mortgaged premises, or payments on a superior lien, together with interest on the total judgment at the same rate of interest as provided in the mortgage. If the purchaser also is the holder of another lien upon the property foreclosed, or part thereof, other than the mortgage upon which sale was made, which additional lien is superior to the lien of the person redeeming, the person redeeming shall likewise pay the amount of such additional lien including interest at the rate provided by the lien or at the legal rate to the date of payment. Source: SL 1977, ch 187, §23.
SD Codified L § 21-49-35 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-35 - Notice of redemption--Form--Recording.

21-49-35. Notice of redemption--Form--Recording.A written notice of redemption shall be served on the purchaser and the person making the sale by the person seeking to redeem. If such person redeem as holder of a judgment, notice shall be a certified copy thereof. If such person redeem as holder of a mortgage or other lien, notice shall be a certified copy of the record thereof, together with a certified copy of any assignment to establish his claim, and an affidavit showing the amount then actually due on the lien; and at the same time shall pay to the person making the sale the amount prescribed by §21-49-34. If such person redeem as a successor in interest of a judgment debtor, notice shall be proof of interest in such property.A duplicate of the notice of redemption with proof of service shall be forthwith filed for record with the register of deeds of the counties where the property is located. Source: SL 1977, ch 187, §24.
SD Codified L § 21-49-36 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-36 - Certificate of redemption--Contents.

21-49-36. Certificate of redemption--Contents.Upon such redemption, the person who made the sale shall execute and deliver to the person making redemption a certificate of redemption duly acknowledged setting forth the fact of such redemption, the amount paid, specifying the items required to be paid under the terms of this chapter and the date of such redemption. Source: SL 1977, ch 187, §25.
SD Codified L § 21-49-37 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-37 - Recording certificate of redemption.

21-49-37. Recording certificate of redemption.The certificate of redemption shall be filed for record in the office of register of deeds of the counties where the property is located. Source: SL 1977, ch 187, §26.
SD Codified L § 21-49-38 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-38 - Deed issued after short redemption or abandonment period--Maximum period.

21-49-38. Deed issued after short redemption or abandonment period--Maximum period.Unless the property is redeemed from the sale within one hundred eighty days or within sixty days if the property is abandoned, from the recording of the certificate of sale, it is the duty of the person who made the sale to execute and deliver a deed of the property sold to the purchaser, or to any person who may have acquired the title and interest of the purchaser. In no event may redemption be extended beyond the period of one hundred eighty consecutive days, computed from the date the certificate is recorded. Source: SL 1963, ch 236, §4; SDCL, §21-49-9; SL 1977, ch 187, §27; SL 1988, ch 184, §2.
SD Codified L § 21-49-40 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 49 - Short-Term Redemption Mortgages|Section 21-49-40 - Citation of chapter.

21-49-40. Citation of chapter.This chapter may be cited as the "One Hundred Eighty Day Redemption Mortgage Act." Source: SL 1963, ch 236, §5; SDCL, §21-49-10; SL 1977, ch 187, §29.
SD Codified L § 21-50-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 50 - Foreclosure Of Real Estate Contracts|Section 21-50-1 - Foreclosure action brought on default in executory contract.

21-50-1. Foreclosure action brought on default in executory contract.Whenever default has occurred in the performance of any of the terms and conditions of an executory contract for the sale or exchange of real property, an action may be brought in the circuit court for the county in which such property, or some part thereof, is situated for a foreclosure of all rights under such contract asserted adversely to the plaintiff in such action. Source: SL 1913, ch 138, §1; RC 1919, §2914; SDC 1939 & Supp 1960, §37.3101.
SD Codified L § 21-50-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 50 - Foreclosure Of Real Estate Contracts|Section 21-50-3 - Time allowed by judgment for compliance with terms of contract--Final judgment barring rights on failure to comply.

21-50-3. Time allowed by judgment for compliance with terms of contract--Final judgment barring rights on failure to comply.Upon the trial of an action under this chapter the court shall have power to and by its judgment shall fix the time within which the party or parties in default must comply with the terms of such contract on his or their part, which time shall be not less than ten days from the rendition of such judgment, and unless the parties against whom such judgment is rendered shall fully comply therewith within the time specified, such judgment shall be and become final without further order of the court, and all rights asserted under the contract sued on shall thereupon be forever barred and foreclosed. Source: SL 1913, ch 138, §1; RC 1919, §2914; SDC 1939 & Supp 1960, §37.3101.
SD Codified L § 21-50-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 50 - Foreclosure Of Real Estate Contracts|Section 21-50-4 - Costs and attorney fee awarded in judgment.

21-50-4. Costs and attorney fee awarded in judgment.Costs including a reasonable attorney fee to be fixed by the court may be awarded in such actions in the discretion of the court. Source: SL 1913, ch 138, §3; RC 1919, §2916; SDC 1939 & Supp 1960, §37.3102.
SD Codified L § 21-50-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 50 - Foreclosure Of Real Estate Contracts|Section 21-50-5 - Receipt or affidavit establishing record of compliance with judgment.

21-50-5. Receipt or affidavit establishing record of compliance with judgment.Record of compliance with the judgment must be made by filing in the office of the clerk of the court where the judgment is docketed a receipt or other satisfaction from the party or his attorney of record to whom payment or other performance is due, or by the affidavit of the party or his attorney of record from whom payment or other performance is due, showing that he has complied with the judgment and the reason that no receipt or other satisfaction is filed. Source: SDC 1939 & Supp 1960, §37.3101.
SD Codified L § 21-50-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 50 - Foreclosure Of Real Estate Contracts|Section 21-50-6 - Clerk's certificate as to noncompliance with judgment--Conclusive evidence of facts.

21-50-6. Clerk's certificate as to noncompliance with judgment--Conclusive evidence of facts.Unless such record of compliance with the judgment is made on or before the date fixed for such compliance in the judgment, the clerk of the court shall certify that the time for compliance with said judgment has expired and that no compliance has been made and that the same has become the final judgment of the court, which certificate may be endorsed upon or attached to the judgment, and shall be dated, signed, sealed, and filed by the clerk of the court and shall be conclusive evidence of the facts necessary to establish the judgment as final so far as the rights of subsequent purchasers and encumbrancers in good faith and for value are concerned. Source: SDC 1939 & Supp 1960, §37.3101.
SD Codified L § 21-50-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 50 - Foreclosure Of Real Estate Contracts|Section 21-50-7 - Remedy not exclusive.

21-50-7. Remedy not exclusive.This chapter shall not be treated or construed as exclusive of any other remedy authorized by law but as cumulative merely. Source: SL 1913, ch 138, §4; RC 1919, §2917; SDC 1939 & Supp 1960, §37.3103.
SD Codified L § 21-51-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts|Section 21-51-1 - Limitation of actions on real property contract--Contract void after fifteen years.

21-51-1. Limitation of actions on real property contract--Contract void after fifteen years.An action upon a contract or bond for the purchase or sale of real property, or for the recovery of the consideration payable thereunder must be commenced within fifteen years after the cause of action shall have accrued, or within fifteen years after the last payment thereunder shall have become due and payable, and, if not so commenced, such action shall be forever barred, and such contract or bond shall become null and void and if there be no conveyance of record from the vendor or his successor in interest to the purchaser or his successor in interest, such contract or bond shall be conclusively presumed to have been terminated, and such contract or bond shall cease to be notice of any rights of the purchaser and said period of fifteen years shall not be extended by nonresidence, legal disability or partial payment. This section shall apply to all such contracts or bonds affecting real estate in this state, both those heretofore executed and those hereafter executed. Source: SL 1920 (SS), ch 67, §1; SDC 1939, §37.0902; SL 1957, ch 192.
SD Codified L § 21-51-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts|Section 21-51-2 - Judicial discharge of lien or contract permitted if holder cannot be served in state--Proof required for discharge of contract.

21-51-2. Judicial discharge of lien or contract permitted if holder cannot be served in state--Proof required for discharge of contract.The circuit court for any county in which a mortgage or other lien is filed or recorded or in which any real estate under contract or bond for purchase or sale is located, may, on application of any person having an interest in or lien upon the property affected and notice as hereinafter provided, make an order discharging such contract, bond, mortgage, or lien of record, on proof to the satisfaction of the court that the mortgage or lien has been fully paid or satisfied, and that the mortgagee, assignee, or lien holder is deceased and has no acting representative of his estate in this state or, if a domestic corporation, that it has been dissolved and has no acting officer, trustee, or receiver of its property or, if a foreign corporation that it has not complied with the laws of this state applying to foreign corporations and has no one in this state upon whom service can be made as provided by law.In the case of real estate subject to a contract or bond for sale or purchase of the same, the proof must show that the conditions prescribed by §21-51-1 exist. Source: SL 1901, ch 108; RCCivP 1903, §880; SL 1913, ch 272, §1; RC 1919, §3046; SL 1920 (SS), ch 67, §2; SDC 1939 & Supp 1960, §37.0901.
SD Codified L § 21-51-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts|Section 21-51-3 - Petition or complaint for discharge of record--Contents and allegations required.

21-51-3. Petition or complaint for discharge of record--Contents and allegations required.Any person having an interest in or lien or encumbrance upon any property described in any instrument referred to in §§21-51-1 and 21-51-2 may present his application, petition, or complaint to the circuit court for the county in which the property involved or any part thereof is situated, setting forth sufficient facts to show that the instrument or record thereof is subject to the provisions of this chapter together with such other facts, exhibits, or statements as the party in interest may desire to submit. The application, petition, or complaint shall identify the instrument or record sought to be discharged by naming the parties thereto, description of the property involved, date of the instrument, and book and page of record, if any. Source: SL 1901, ch 108; RCCivP 1903, §880; SL 1913, ch 272, §1; RC 1919, §3046; SL 1920 (SS), ch 67, §2; Supreme Court Rule 564, 1939; SDC 1939, §37.0903; Supreme Court Rule adopted October 20, 1947.
SD Codified L § 21-51-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts|Section 21-51-4 - Joinder of two or more applications for discharge.

21-51-4. Joinder of two or more applications for discharge.The application, petition, or complaint may join in one application, petition, or complaint two or more applications for the discharge of an expired contract, bond, mortgage, or lien of record. Source: Supreme Court Rule adopted October 20, 1947; SDC Supp 1960, §37.0903.
SD Codified L § 21-51-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts|Section 21-51-5 - Signature and verification of petition or complaint.

21-51-5. Signature and verification of petition or complaint.The application, petition, or complaint shall be signed by an attorney licensed to practice in this state or by the party in interest and if signed by the party in interest, it shall also be verified by him. Source: Supreme Court Rule 564, 1939; SDC 1939, §37.0903; Supreme Court Rule adopted October 20, 1947.
SD Codified L § 21-51-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts|Section 21-51-6 - Order fixing time for hearing on petition or complaint--Notice.

21-51-6. Order fixing time for hearing on petition or complaint--Notice.Upon the filing of the application, petition, or complaint in the office of the clerk of the court, the court shall by order fix a time and place for hearing the same and direct notice thereof to be given, which time shall be not less than thirty days from the first publication or posting of the notice as hereinafter provided. Source: SL 1901, ch 108; RCCivP 1903, §880; SL 1913, ch 272, §1; RC 1919, §3046; SL 1920 (SS), ch 67, §2; Supreme Court Rule 565, 1939; SDC 1939 & Supp 1960, §37.0904.
SD Codified L § 21-51-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts|Section 21-51-7 - Publication and posting of notice of hearing.

21-51-7. Publication and posting of notice of hearing.Notice of hearing the application, petition, or complaint shall be given by publishing the same once each week for a period of three weeks preceding the hearing in some legal newspaper of the county to be designated in the order of the court as most likely to give notice to the persons interested. If no legal newspaper is published in such county, a notice shall be given by publishing the same in some legal newspaper in the state in an adjoining county and designated by the court as most likely to give notice to the persons interested and also by posting notice of such hearing at the front door of the courthouse of the county wherein the action is pending. Source: SL 1901, ch 108; RCCivP 1903, §880; SL 1913, ch 272, §1; RC 1919, §3046; SL 1920 (SS), ch 67, §2; Supreme Court Rule 566, 1939; SDC 1939 & Supp 1960, §37.0905.
SD Codified L § 21-51-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts|Section 21-51-8 - Proof required on hearing--Objections to relief requested.

21-51-8. Proof required on hearing--Objections to relief requested.At the time and place of hearing, the court shall require proof of publication or publication and posting of the notice and may require such other proof as to it may seem necessary and shall hear any persons interested in the matter who may appear or file written objections against granting the relief requested. Source: SL 1920 (SS), ch 67, §2; Supreme Court Rule 567, 1939; SDC 1939 & Supp 1960, §37.0906.
SD Codified L § 21-51-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts|Section 21-51-9 - Judgment discharging instrument and record--Contents and effect of judgment.

21-51-9. Judgment discharging instrument and record--Contents and effect of judgment.The court may render judgment upon the record and proof required by this chapter canceling and discharging the instrument involved and any public record thereof. The judgment shall describe the instrument and the property involved and the book and page of the record of the instrument, if any, and such judgment shall be filed, entered, and docketed by the clerk and shall thereafter have the same force and effect as any other judgment of the court. Source: SL 1901, ch 108; RCCivP 1903, §880; SL 1913, ch 272, §1; RC 1919, §3046; SL 1920 (SS), ch 67, §2; Supreme Court Rule 567, 1939; SDC 1939 & Supp 1960, §37.0906.