reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts › Section 21-51-10 - Recording of judgment--Effect as discharge.

21-51-10. Recording of judgment--Effect as discharge.
A certified copy of the judgment may be filed in the office of any register of deeds or other public official of the state and shall have the effect of canceling or discharging said record according to the terms of said judgment and shall be of the same effect as a discharge or release of such instrument duly executed and acknowledged by the lawful holder thereof.
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.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts › Section 21-51-11 - Remedy not exclusive.

21-51-11. Remedy not exclusive.
The remedy provided by this chapter shall be cumulative and not exclusive of any other actions or remedies provided by law whereby the relief or any part thereof provided by this remedy might be obtained.
Source:
SDC 1939 & Supp 1960, §37.0907.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts › Section 21-51-12 - Removal of counterfeit lien--Filing of action.

21-51-12. Removal of counterfeit lien--Filing of action.
A person who is the purported debtor or obligor or who owns real or personal property or an interest in real or personal property and who has reason to believe that the document purporting to create a lien or a claim against the real or personal property or an interest in the real or personal property previously recorded is counterfeit pursuant to chapter 22-11, may file an action in circuit court pursuant to §20-9-33 or 20-9-34 to have the purported lien removed. The filing of such an action does not bar the injured party from recovering damages as part of the action, in addition to fees, costs, or expenses allowed by those sections.
Source:
SL 1998, ch 41, §2; SL 2005, ch 120, §232.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts › Section 21-51-13 - Counterfeit document--Vacation of judgment.

21-51-13. Counterfeit document--Vacation of judgment.
A person against whom a purported judgment was rendered who has reason to believe that a document previously filed is counterfeit pursuant to §22-11-29, may file an action in circuit court pursuant to §20-9-34 to have the purported judgment vacated. The filing of such an action does not bar the injured party from recovering damages as part of the action, in addition to any fees, costs, or expenses allowed by that section.
Source:
SL 1998, ch 41, §4; SL 2005, ch 120, §232.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-1 - Redemption defined--Sales subject to redemption.

21-52-1. Redemption defined--Sales subject to redemption.
Redemption is the right to repay the amount paid for real property or any interest thereon, sold on foreclosure of a real estate mortgage or on special or general execution against the property of a judgment debtor, or upon the foreclosure of any lien upon such real property other than a lien for taxes or special assessment.
Source:
SL 1949, ch 142, §1; SDC Supp 1960, §37.5601.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-2 - Waste restrained during period of redemption--Uses of property not considered waste.

21-52-2. Waste restrained during period of redemption--Uses of property not considered waste.
Until the expiration of the time for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgment creditor.
It is not waste for the person in possession of the property at the time of the sale, or entitled to possession afterwards, during the period allowed for redemption, to continue to use it in the same manner in which it was previously used, or in the ordinary course of husbandry; or to use timber or other material on the property for the necessary repair of buildings or fences thereon or fuel for his family while he occupies the property.
Source:
SL 1949, ch 142, §16; SDC Supp 1960, §37.5616.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-3 - Estates subject to redemption.

21-52-3. Estates subject to redemption.
Only real property held in fee, or by life estate, or by leasehold extending more than two years beyond the date of sale shall be subject to redemption.
Source:
SL 1949, ch 142, §2; SDC Supp 1960, §37.5602.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-4 - Foreclosure and execution sales subject to redemption.

21-52-4. Foreclosure and execution sales subject to redemption.
The interests in real property described in §21-52-3, sold on foreclosure of a real estate mortgage or on special or general execution against the property of a judgment debtor, including special executions upon the foreclosure of any lien upon real property other than a lien for taxes or assessments shall be sold subject to redemption.
Source:
SL 1949, ch 142, §4; SDC Supp 1960, §37.5604.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-5 - Persons entitled to redeem.

21-52-5. Persons entitled to redeem.
The owner, mortgagor, judgment debtor, or the successors of either, having any interest in the property sold 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, or any share or interest therein, shall have the right to redeem from a sale of such property described in §21-52-1, in the manner hereinafter described. Such persons are denominated redemptioners.
Source:
SL 1949, ch 142, §3; SDC Supp 1960, §37.5603.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-6 - Distinction between redemptioners abolished.

21-52-6. Distinction between redemptioners abolished.
Except as provided in §§21-52-7 and 21-52-24, all distinction between owners and other redemptioners is abolished.
Source:
SL 1949, ch 142, §7; SDC Supp 1960, §37.5607 (1).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-7 - Owner's final right of redemption--Time allowed after expiration of other redemption periods.

21-52-7. Owner's final right of redemption--Time allowed after expiration of other redemption periods.
The owner, his grantee, or successor in interest shall at all times have the final right to redeem after any and all redemptions as hereinafter provided shall have been made; and that right may be exercised by the owner, his grantee, or his successor in interest within fifteen days after the expiration of all other rights to redeem. The purpose of this section is to provide that the owner, any person to whom he has conveyed his title during the redemption period, and, in the event of his death, his successors in interest, shall possess a final right to redeem.
Source:
SL 1949, ch 142, §7; SDC Supp 1960, §37.5607 (3).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-8 - Action to redeem separate tract sold in combined sale--Determination of amount required for redemption.

21-52-8. Action to redeem separate tract sold in combined sale--Determination of amount required for redemption.
When the property sold on foreclosure of a mortgage, or upon general or special execution, consists of two or more separate farms, tracts, lots, or parcels of land, which at the time of sale are owned by two or more separate owners, or are subject to separate liens, giving to any person the right to redeem a separate property from the sale, and the property has not been sold separately, either under the provisions of §21-48-12, or otherwise, any person having the right to redeem one or more of the tracts so sold, but less than the whole property sold, may bring an action in the circuit court of the county wherein the lands he seeks to redeem, or a portion of them, are situated, to have a determination of the amount properly to be paid by him to redeem the properties as to which he claims the right of redemption. Such action must be commenced within six months after the date of the sale of the property. In such action there shall be named as defendants the holder of the certificate of sale, the officer making the sale, and the record owners of all the tracts sold at such foreclosure or execution sale.
Source:
SL 1949, ch 142, §15; SDC Supp 1960, §37.5615.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-9 - Redemptioner to redeem entire property.

21-52-9. Redemptioner to redeem entire property.
No owner or lien holder shall have the right under §21-52-8 to redeem less than the whole of the property owned by him or subject to his lien.
Source:
SL 1949, ch 142, §15; SDC Supp 1960, §37.5615.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-10 - Hearing and determination of amount required to redeem separate tract--Certificate of redemption--Credit on price paid at sale.

21-52-10. Hearing and determination of amount required to redeem separate tract--Certificate of redemption--Credit on price paid at sale.
The court shall hear an action brought under §21-52-8 at a regular or special term, shall have the power to extend all time of redemption pending the determination of such action, and by its decree shall determine the amount required to redeem the lands described in plaintiff's complaint; and adjudge that upon payment of such sum, a certificate of redemption shall issue to plaintiff and the amount paid by him shall be credited upon the price paid by the purchaser at foreclosure or execution sale, and the amount required to redeem the balance of the property shall be reduced accordingly.
Source:
SL 1949, ch 142, §15; SDC Supp 1960, §37.5615.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-11 - Minimum time allowed for redemption--Exception for short-term redemption mortgage.

21-52-11. Minimum time allowed for redemption--Exception for short-term redemption mortgage.
All persons entitled to redeem shall in all cases have one year from the date of sale in which to redeem, except as to any one hundred eighty day redemption mortgage given either prior to or subsequent to July 1, 1977.
Source:
SL 1949, ch 142, §12; SDC Supp 1960, §37.5612 (1); SL 1979, ch 157, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-12 - Methods of extending time for redemption--Execution and recording of agreement for extension--Redemptioners affected by agreement.

21-52-12. Methods of extending time for redemption--Execution and recording of agreement for extension--Redemptioners affected by agreement.
As to any redemptioner the right of redemption shall exist for one year after the sale of the property. The period of redemption herein limited may be extended in the manner described in §§21-52-13, 21-52-22 and 21-52-23 and may also be extended by a written agreement between the purchaser of the property at a judicial sale of the class described in §21-52-1, and any redemptioner, provided such agreement is in writing, signed and acknowledged by the purchaser at such sale and recorded in the office of the register of deeds where the certificate of sale was recorded, within one year from the date of sale, or within such further period as may be provided by §§21-52-13, 21-52-22 and 21-52-23. When the time for redemption is extended by written contract as herein provided, it shall be extended in favor of all redemptioners whether they are parties to such agreement or not.
Source:
SL 1949, ch 142, §5; SDC Supp 1960, §37.5605.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-13 - Extension of redemption period by payment of amounts then due--Certificate of payment--Recording.

21-52-13. Extension of redemption period by payment of amounts then due--Certificate of payment--Recording.
If at or prior to the expiration of one year from the date of sale, any redemptioner shall make all of the following payments:
(1)All taxes due on the land and any other sums paid by the purchaser to protect his interest in the property including the payment of insurance premiums, installments of principal or interest upon a superior lien, together with interest at the legal rate from the date of the payment of any of such sums;
(2)All interest due on the mortgage or judgment at the date of sale;
(3)Interest upon the principal of the mortgage, or the amount of the judgment, for one year from the date of sale and in addition for one year in advance, at the legal rate in the case of a judgment, and at the rate originally provided for in the mortgage before maturity in case of mortgages;
(4)All costs of foreclosure, if made by advertisement, and all costs of sale if made on general or special execution;
then the time of redemption shall be extended for an additional one year from the expiration date of the initial one-year redemption period, and such extension shall operate in favor of all redemptioners.
Such payment shall be evidenced by the certificate of the sheriff or holder of the certificate of sale, duly acknowledged, which shall be recorded in the office of the register of deeds where the certificate of sale was recorded, and such certificate, or the record thereof, or a certified copy of the record, shall be conclusive proof of such payment.
Source:
SL 1949, ch 142, §6; SDC Supp 1960, §37.5606; SL 1981, ch 171.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-14 - Amounts required for redemption from sale--Superior lien of purchaser included.

21-52-14. Amounts required for redemption from sale--Superior lien of purchaser included.
Any redemptioner may redeem from the purchaser at any sale described in §21-52-1, by paying to the sheriff or other person appointed by a court to make the sale, the amount of the purchase price, plus any sums paid by the purchaser to protect his interest in such property for taxes, insurance, installments of principal or interest upon a superior lien, with interest at the legal rate as specified in §54-3-5.1 from date of sale upon the purchase price of the property, and from the date of the payment of any sum paid for taxes, insurance or installments of principal or interest on a prior lien. If the purchaser is the holder of a lien upon real property other than that under which sale was made, which is superior to the lien of the redemptioner, the redemptioner shall likewise pay the amount of the additional lien, including interest to the date of payment.
Source:
SL 1949, ch 142, §9; SDC Supp 1960, §37.5609; SL 1983, ch 173.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-15 - Expenses of annual assessment work on mining claims included in redemption price--Time of performing annual labor.

21-52-15. Expenses of annual assessment work on mining claims included in redemption price--Time of performing annual labor.
In all redemptions from sales of unpatented mining claims under execution or mortgage foreclosure, there shall be added to the total amount otherwise required to redeem such sum or sums, if any, as may be necessarily and actually expended by the purchaser or redemptioner, after such sale and before the redemption, in performing or completing the annual assessment work, not exceeding one hundred dollars for any one claim sold.
This section shall not apply to claim or claims on which the owner or redemptioner shall himself have performed the necessary annual labor during the period above specified. It shall not be deemed necessary under this section for the purchaser to perform the annual labor on such claims until after the first day of November of each year.
Source:
SL 1949, ch 142, §17; SDC Supp 1960, §37.5617.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-16 - Notice of redemption served on purchaser or sheriff--Contents--Payment--Recording of notice.

21-52-16. Notice of redemption served on purchaser or sheriff--Contents--Payment--Recording of notice.
A redemptioner must serve upon the purchaser from whom he seeks to redeem, or upon his successor in interest, and upon the sheriff or officer making the sale, or his successor, a written notice of redemption, and
(1)If he redeem as holder of a judgment, a copy of the judgment upon which he claims the right to redeem, certified by the clerk of courts of the county where docketed; or
(2)If he redeem as holder of a mortgage or other lien, a copy of the record thereof certified by the register of deeds, together with a certified copy of any assignment necessary to establish his claim, and an affidavit by himself or his agent, showing the amount then actually due on the lien;
and at the same time shall pay to the sheriff or other officer or the purchaser direct, or their respective successors or assigns, the amount prescribed by §21-52-14. A duplicate of the notice of redemption with proof of the required service shall be forthwith filed for record with the register of deeds of the county in which the foreclosure or judicial sale is pending, which officer shall record the same.
Source:
SL 1949, ch 142, §10; Supreme Court Rule, Order No. 2, 1956; SDC Supp 1960, §37.5610.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-17 - Proof of interest not required of party of record.

21-52-17. Proof of interest not required of party of record.
No person named as a mortgagor in any mortgage, or as judgment debtor in any judgment of foreclosure of a lien, or in any general or special execution, need serve upon the officer or person from whom he seeks to redeem, any proof of his interest in the real property to be redeemed.
Source:
SL 1949, ch 142, §8; SDC Supp 1960, §37.5608 (1).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-18 - Proof of interest required of successor in interest.

21-52-18. Proof of interest required of successor in interest.
The successor in interest of any person described in §21-52-17 must serve upon the officer or person from whom he seeks to redeem proof of his interest in such real property.
Source:
SL 1949, ch 142, §8; SDC Supp 1960, §37.5608 (2).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-19 - Successive redemptions by junior lien holders.

21-52-19. Successive redemptions by junior lien holders.
In like manner holders of junior liens may redeem from a prior redemptioner, making payments required in §21-52-14, and paying, in addition, the amounts of any liens senior to their own, on which successive prior redemptions have been made, including any sums advanced for taxes, insurance, and installments of principal or interest, by such senior redemptioner, if he shall have filed in the office of the register of deeds an affidavit setting forth the amounts of such advances for principal and interest, taxes and insurance. Redemptioners need not redeem in the order of priority of their liens.
Source:
SL 1949, ch 142, §11; SDC Supp 1960, §37.5611.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-20 - Amounts payable to junior lien holders.

21-52-20. Amounts payable to junior lien holders.
No person shall be required to pay the amount of a lien junior to his own, but he shall pay to the holder of any junior lien who has made redemption the amount paid by him to make redemption, interest thereon, and any sums advanced by such junior lien holder for the protection of such real property for taxes, insurance, or installments of interest or principal on a prior lien.
Source:
SL 1949, ch 142, §11; SDC Supp 1960, §37.5611.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-21 - Amounts payable on partial redemptions.

21-52-21. Amounts payable on partial redemptions.
If there has been a partial redemption as provided by §21-52-13, redemptioners are not required to pay to the owner, mortgagor, or judgment creditor any sum paid by him on such partial redemption; but they are required to pay such sum to any other redemptioner, who shall have a partial redemption.
Source:
SL 1949, ch 142, §11; SDC Supp 1960, §37.5611.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-22 - Successive extensions of time on successive redemptions.

21-52-22. Successive extensions of time on successive redemptions.
If a redemption be made less than sixty days before the right, or extended right, of redemption expires, all holders of liens junior to that under which redemption is made have sixty days from such redemption in which to redeem, even after the expiration of the full period of redemption; and the property may, as often as any party having the right to redeem is disposed, be redeemed within sixty days after the last preceding redemption. The right of redemption given by this section need not be exercised in the order of priority of liens, but may be exercised by any person having the right to redeem.
Source:
SL 1949, ch 142, §12; SDC Supp 1960, §37.5612 (2).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-23 - Time allowed for exercise of owner's final right of redemption.

21-52-23. Time allowed for exercise of owner's final right of redemption.
After the expiration of sixty days from any redemption made under §21-52-22, the owner may exercise his final right of redemption within fifteen days as prescribed in §21-52-7.
Source:
SL 1949, ch 142, §12; SDC Supp 1960, §37.5612 (3).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-24 - Effect of sale terminated on final redemption by owner.

21-52-24. Effect of sale terminated on final redemption by owner.
Where there has been full and final redemption by the owner, effect of the sale is terminated, except in case of redemption by cotenants.
Source:
SL 1949, ch 142, §7; SDC Supp 1960, §37.5607 (2).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-25 - Certificate of redemption issued by sheriff--Contents of certificate--Statement of amount required for further redemption.

21-52-25. Certificate of redemption issued by sheriff--Contents of certificate--Statement of amount required for further redemption.
Upon making each redemption the sheriff shall execute to the person making the redemption a certificate setting forth the fact of such redemption, the amount paid by the redemptioner, including the debt for which the property was sold and any subsequent liens which the redemptioner was required under the terms of this chapter to pay, together with interest thereon, and the amounts of principal and interest, insurance, and taxes paid as required by this chapter, which certificate shall include a specific statement of the whole amount required to be paid on redemption from such redemptioner.
Source:
SL 1949, ch 142, §13; SDC Supp 1960, §37.5613 (1).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-26 - Certificate of final redemption.

21-52-26. Certificate of final redemption.
If the debtor, his grantee, or successor in interest redeem, the sheriff must execute and deliver to him a certificate of redemption duly acknowledged, reciting the fact of such redemption.
Source:
SL 1949, ch 142, §13; SDC Supp 1960, §37.5613 (2).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-27 - Recording of certificates of redemption.

21-52-27. Recording of certificates of redemption.
Any such certificate of redemption must be recorded in the office of the register of deeds of the county in which the property or part thereof is situated.
Source:
SL 1949, ch 142, §13; SDC Supp 1960, §37.5613 (3).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-28 - Redemption by cotenant--Other cotenants obligated to contribute.

21-52-28. Redemption by cotenant--Other cotenants obligated to contribute.
When title to real property subject to redemption is held by cotenants one or more of such cotenants may redeem, by paying the whole sum required to effect redemption. When redemption is made by one or more cotenants, all other cotenants of the property become obligated to contribute their proportionate shares of the sum paid by the redeeming cotenants, to effect redemption.
Source:
SL 1949, ch 142, §14; SDC Supp 1960, §37.5614 (1).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-29 - Service of notice and demand by cotenant making redemption--Notice of foreclosure by failure to contribute.

21-52-29. Service of notice and demand by cotenant making redemption--Notice of foreclosure by failure to contribute.
Cotenants making redemption shall forthwith serve upon all other cotenants notice of the fact of such redemption together with a statement of the whole amount paid to redeem and the proportionate amount each cotenant is required to pay to contribute his full share of the funds required to effect redemption, which notice shall contain a demand that such cotenant within sixty days from service of notice or within the remainder of the year of redemption, whichever is longer, pay the amount of their proportionate shares of such redemption to the cotenant who has made redemption, and a further notice that if they shall fail so to do, they shall, at the expiration of sixty days or the remainder of the year of redemption, whichever is longer, be foreclosed of all right to or interest in the common property, and the cotenant making redemption shall, as against all cotenants failing to contribute, be entitled at the expiration of such period to a sheriff's deed to the common property.
Source:
SL 1949, ch 142, §14; SDC Supp 1960, §37.5614 (1).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-30 - Recording and service of notice by cotenant making redemption--Constructive notice.

21-52-30. Recording and service of notice by cotenant making redemption--Constructive notice.
The cotenant serving the notice required in §21-52-29 shall forthwith record the same, with proof of service thereof, in the office of the register of deeds in the county where the judicial sale or foreclosure was made. Such notice shall be served in like manner as a summons in a civil action is served. From the date of recording such notice, all persons shall be presumed to have notice of the fact of such redemption by one or more joint owners.
Source:
SL 1949, ch 142, §14; SDC Supp 1960, §37.5614 (2).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-31 - Delivery and recording of certificate to cotenant making contribution.

21-52-31. Delivery and recording of certificate to cotenant making contribution.
Whenever a cotenant, pursuant to the notice mentioned in §21-52-29, shall have paid his proportionate share pursuant to such notice, the cotenant receiving such payment shall deliver to the cotenant making such payment a certificate reciting the fact of such payment and shall record a duplicate thereof in the office of the register of deeds of the county in which the foreclosure or judicial sale was made.
Source:
SL 1949, ch 142, §14; SDC Supp 1960, §37.5614 (3).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 52 - Redemption From Sale On Execution Or Foreclosure › Section 21-52-32 - Restoration of estate to cotenant making contribution.

21-52-32. Restoration of estate to cotenant making contribution.
A cotenant paying his proportionate share terminates as to his interest in the property the effect of the sale and he stands restored to his estate in the property sold.
Source:
SL 1949, ch 142, §14; SDC Supp 1960, §37.5614 (4).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 53 - Actions To Foreclose Liens On Personal Property › Section 21-53-1 - Liens subject to foreclosure--Jurisdiction and venue of action.

21-53-1. Liens subject to foreclosure--Jurisdiction and venue of action.
An action to foreclose a lien on personal property may be maintained by any person having a lien thereon by common law, statute, or contract. The action may be maintained in any court which would have jurisdiction of the amount secured by the lien, and in the county where the personal property or some part thereof is located, or in the county of the residence of the owner of such property.
Source:
CCivP 1877, §§674, 675; CL 1887, §§5496, 5497; RCCivP 1903, §§743, 744; RC 1919, §§2919, 2920; SDC 1939 & Supp 1960, §37.3301.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 53 - Actions To Foreclose Liens On Personal Property › Section 21-53-2 - Description of lien in judgment--Directions for sale of property.

21-53-2. Description of lien in judgment--Directions for sale of property.
A judgment in favor of the plaintiff must specify the amount and nature of the lien and direct a sale of the property, or sufficient thereof if the same is divisible conveniently, to satisfy the judgment and costs. It shall direct sale by the sheriff or other proper officer of the court in like manner as when the sheriff sells property under execution, and the application by him of the proceeds of the sale, less his fees and expenses, to the payment of the judgment and costs.
Source:
CCivP 1877, §674; CL 1887, §5496; RCCivP 1903, §743; RC 1919, §2919; SDC 1939 & Supp 1960, §37.3301.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 53 - Actions To Foreclose Liens On Personal Property › Section 21-53-3 - Provisions in judgment for payment and safekeeping of surplus.

21-53-3. Provisions in judgment for payment and safekeeping of surplus.
The judgment must also provide for the payment of any surplus to the owner of the property, or other person shown to be legally entitled thereto, and for the safekeeping of such surplus, until it is claimed by and paid to the person entitled thereto.
Source:
CCivP 1877, §674; CL 1887, §5496; RCCivP 1903, §743; RC 1919, §2919; SDC 1939 & Supp 1960, §37.3301.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 53 - Actions To Foreclose Liens On Personal Property › Section 21-53-4 - Remedy cumulative as to other remedies.

21-53-4. Remedy cumulative as to other remedies.
This remedy shall be cumulative to any other existing right or remedy to foreclose or enforce a lien on personal property.
Source:
CCivP 1877, §675; CL 1887, §5497; RCCivP 1903, §744; RC 1919, §2920; SDC 1939 & Supp 1960, §37.3301.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-1 - Remedy available where no other summary procedure provided.

21-54-1. Remedy available where no other summary procedure provided.
In all cases where no other procedure is provided for summary foreclosure of any personal property lien, or pledge, the same may be foreclosed as hereinafter provided in this chapter.
Source:
SDC 1939 & Supp 1960, §37.3401.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-2 - Pledges foreclosed in manner prescribed by contract--Chapter applicable if procedure not prescribed.

21-54-2. Pledges foreclosed in manner prescribed by contract--Chapter applicable if procedure not prescribed.
Pledges may be foreclosed in the manner prescribed in the contract of pledge; or if no manner is prescribed, or the manner prescribed is insufficient, the provisions of this chapter shall apply so far as consistent with the contract of pledge and the law of this state.
Source:
SDC 1939 & Supp 1960, §37.3409.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-3 - Owner's affidavit of defense to summary foreclosure--Injunction requiring foreclosure by action--Costs taxed if defense not established.

21-54-3. Owner's affidavit of defense to summary foreclosure--Injunction requiring foreclosure by action--Costs taxed if defense not established.
In all cases where foreclosure of any personal property lien except conditional sales contracts has been commenced by summary proceedings, the property owner or any person claiming right of possession or any other encumbrancer, may at any time before the sale of the property under such summary proceedings present to the circuit judge and file in the office of the clerk of courts for any county where such summary proceeding is pending, an affidavit stating that he has a defense to such foreclosure and desires to have the same conducted by court procedure. Thereupon the circuit judge shall issue an injunctional order directed to the lien holder and any agent conducting the proceeding, enjoining further summary procedure and requiring foreclosure of the lien in court. The order may be enforced the same as any other injunction of the court. If the defense shall not be established the costs incurred in the summary proceedings may be taxed as additional costs in the court proceeding against the party asserting the defense.
Source:
SDC 1939 & Supp 1960, §37.3410.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-4 - Affidavit of lien recorded if lien not previously recorded.

21-54-4. Affidavit of lien recorded if lien not previously recorded.
If any lien or pledge sought to be foreclosed under this chapter is not duly on file or of record in the office of the register of deeds of the county in which the foreclosure is to be conducted, the person desiring to foreclose such lien must first file in the office of such register of deeds a sworn statement of the lien as required in Title 44 for giving notice of lien claims.
Source:
SDC 1939 & Supp 1960, §37.3402.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-5 - Notice of sale issued--Contents.

21-54-5. Notice of sale issued--Contents.
The person desiring to foreclose such lien, shall issue a notice of sale, signed by himself, agent, or attorney, and stating:
(1)The names and addresses of the owner of the property and of all lien claimants, as shown by the files of the register of deeds of the county where the foreclosure is to be conducted and also those otherwise known to the lien claimant;
(2)A description of the property sufficient for identification of it;
(3)The location of the property;
(4)Statement of the grounds on which the lien is claimed, and reference to its filing in the office of register of deeds;
(5)The nature of the default under which foreclosure is sought;
(6)The amount claimed to be due at the date of the notice;
(7)The time and place of sale.
Source:
Supreme Court Rule 593, 1939; SDC 1939 & Supp 1960, §37.3405.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement › Section 21-54-6 - Service of notice of sale--Mailing, publication and posting.

21-54-6. Service of notice of sale--Mailing, publication and posting.
Notice of the sale shall be given by mailing copies of the same to the property owner and all other lien claimants at their addresses as shown by the notice of sale and by publishing such notice for at least one issue in a legal newspaper published in the county nearest the place of sale, or if no such newspaper is published in the county, by mailing and posting one copy of the notice on the bulletin board at the front door of the courthouse, or if there be no courthouse, at the place where circuit court was last held in the county, all to be done at least ten days before the date fixed for the sale.
Source:
SL 1929, ch 174; SDC 1939 & Supp 1960, §37.3406.