reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-14 - Proof of value required for deficiency judgment after purchase by mortgagee--Other purchasers unaffected--Negotiability of instruments protected.

21-48-14. Proof of value required for deficiency judgment after purchase by mortgagee--Other purchasers unaffected--Negotiability of instruments protected.
When any sale of real estate has been made by a mortgagee, trustee, or other person authorized to make the same at which the mortgagee, payee, or other holder of the obligation thereby secured becomes the purchaser and takes title, either directly or indirectly, before such mortgagee, payee, or other holder of the secured obligation as aforesaid, shall be entitled to any deficiency judgment against the mortgagor, trustor, or other maker of any such obligation whose property has been so purchased, he shall first establish to the satisfaction of the court in which such action for a deficiency judgment is pending that the property covered by such mortgage sold at foreclosure sale for its true market value or more at the time of such sale, and in adjudging any such deficiency the court in arriving at the amount of such judgment shall deduct from the amount of the mortgage indebtedness remaining unsatisfied after the sale of the mortgaged property the difference between the true market value of said property at the time of such sale and the amount for which it sold, if such amount was less than the true market value at the time of sale.
This section shall not affect nor apply to the rights of other purchasers or of innocent third parties nor shall it be held to affect or defeat the negotiability of any note, bond, or other obligation secured by such mortgage, deed of trust, or other instrument.
This section shall not apply to foreclosure sales made pursuant to an order or decree of court nor to any judgment sought or rendered in any foreclosure by action nor to any sale confirmed prior to July 1, 1937.
Source:
SL 1937, ch 208; SDC 1939 & Supp 1960, §37.3007.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-15 - Costs, disbursements and attorney fees allowed from proceeds of sale.

21-48-15. Costs, disbursements and attorney fees allowed from proceeds of sale.
The party foreclosing a mortgage by advertisement shall be entitled to his costs and disbursements, including any attorney fees allowed by law, out of the proceeds of the sale.
Source:
CCivP 1877, §615; SL 1887, ch 28, §1; CL 1887, §5429; RCCivP 1903, §654; RC 1919, §2895; SDC 1939 & Supp 1960, §37.3014.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-16 - Surplus proceeds of sale paid to clerk of court--Notice to mortgagor and junior lien holders of deposit of surplus.

21-48-16. Surplus proceeds of sale paid to clerk of court--Notice to mortgagor and junior lien holders of deposit of surplus.
It shall be the duty of every officer who conducts any such sale to apply the proceeds thereof as provided in §21-47-18, except that the surplus, if any, shall be paid to the clerk of the circuit court and he shall give his receipt therefor. The sheriff shall forthwith give notice by mail to the mortgagor, his personal representatives or assigns, and to all persons holding junior encumbrances or liens, of the deposit of such surplus with the clerk.
Source:
CCivP 1877, §610; SL 1887, ch 27, §1; CL 1887, §5424; SL 1893, ch 118; RCCivP 1903, §§649, 664; RC 1919, §2885; SL 1923, ch 222; SDC 1939 & Supp 1960, §37.3006.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-17 - Investment of surplus proceeds deposited with clerk.

21-48-17. Investment of surplus proceeds deposited with clerk.
If such surplus, or any part thereof, shall remain with the clerk of said court for a term of three months without the rights thereto being fully determined, the clerk may deposit the same in some bank in said county and take an interest-bearing certificate of deposit therefor, and hold the same for the benefit of the person or persons who may be entitled thereto until the rights of the parties thereto have been fully determined.
Source:
SL 1923, ch 222; SDC 1939 & Supp 1960, §37.3006.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-18 - Cancellation or endorsement of evidence of debt on application of proceeds of sale.

21-48-18. Cancellation or endorsement of evidence of debt on application of proceeds of sale.
If the amount realized at the sale was sufficient to satisfy the mortgage debt and all other sums due at date of sale, the officer shall cancel the evidence of the debt by permanent endorsement thereon and return it to the person primarily liable thereon upon demand of such person or his attorney but if no such demand be made prior to the time deed or redemption under the foreclosure is made, the officer shall be no longer responsible for such return. If the amount realized at such sale is not sufficient to pay the sums due as aforesaid, the officer shall endorse on the evidence of the debt in permanent form, the amount of the sale and the amount remaining due on the debt, and return the evidence of the debt to the mortgagee, assignee, or other owner thereof. The officer making such endorsements shall date and sign the same.
Source:
SDC 1939 & Supp 1960, §37.3006.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-19 - Certificate of sale given to purchaser--Contents--Execution and recording.

21-48-19. Certificate of sale given to purchaser--Contents--Execution and recording.
The officer making such real estate mortgage foreclosure 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)A particular description of the real property sold;
(3)The price bid for each distinct lot or parcel;
(4)The whole price paid; which certificate must be executed and acknowledged and shall be recorded in the office of the register of deeds where the mortgage is recorded within ten days from the date of sale, and shall have the same validity and effect as a certificate of sale of real property under execution.
Source:
CCivP 1877, §606; CL 1887, §5420; RCCivP 1903, §645; SL 1907, ch 189; RC 1919, §2886; SL 1925, ch 222; SDC 1939, §37.3008; SL 1949, ch 141, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-20 - Prior certificates validated despite delay in recording--Rights barred by no action.

21-48-20. Prior certificates validated despite delay in recording--Rights barred by no action.
All certificates of mortgage foreclosure sale of real property by advertisement under power of sale recorded prior to January 1, 1992, and the records of such certificates, are hereby legalized, cured, and validated, and such certificates and the record thereof are made and declared to be in every manner and respect of like force and effect as though such certificates had been recorded within ten days from the date of sale as required by §21-48-19.
If any person has any vested right in any real property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10.
Source:
SDC 1939, §65.0304; SL 1992, ch 307, §12.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-21 - Deed given on expiration of time for redemption--Mortgagor entitled to harvest crops planted before issuance of deed.

21-48-21. Deed given on expiration of time for redemption--Mortgagor entitled to harvest crops planted before issuance of deed.
If such mortgaged premises are not redeemed, the officer or his successor in office, or some other person appointed by the circuit court for that purpose, shall complete such sale, by executing a deed of the premises so sold to the original purchaser, his heirs, or assigns, or to any person who may have acquired the title and interest of such purchaser by redemption or otherwise. Whenever crops have been sown on the mortgaged premises, before the issuance of a sheriff's deed, the mortgagor shall be entitled to the crops grown thereon and the right to enter on the premises to harvest the crops after the issuance of the deed.
Source:
CCivP 1877, §609; CL 1887, §5423; RCCivP 1903, §648; SL 1909, ch 78; SL 1913, ch 269; RC 1919, §2890; SDC 1939 & Supp 1960, §37.3011; SL 1986, ch 177, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-22 - Validation of prior proceedings on which deed issued--Time allowed for protection of existing rights.

21-48-22. Validation of prior proceedings on which deed issued--Time allowed for protection of existing rights.
All proceedings of mortgage foreclosure sale of real property by advertisement, and completed by issuance of sheriff's deed prior to July 1, 1941, and which proceedings were irregular or defective, are hereby legalized, cured and validated as fully as if such foreclosure proceedings had been wholly regular and as by law provided.
The provisions of this section shall not apply to any action involving real property which was pending on July 1, 1951, or which was commenced prior to July 1, 1952, as to which a notice of the pendency of such action was recorded prior to July 1, 1952, as provided herein.
If any person has any vested right in any real property, or any part thereof, by reason of any mortgage foreclosure sale such as is referred to herein, if no action or proceeding to enforce such right was begun prior to July 1, 1952, such rights shall be forever barred; and no action or proceeding so brought shall be of any force or effect, or maintainable in any court of this state, unless, prior to July 1, 1952, there was recorded in the office of the register of deeds of the county in which the real estate affected is situated a notice of the pendency of such action, in accordance with the provisions of chapter 15-10.
Source:
SL 1951, ch 197; SDC Supp 1960, §65.0304-1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-22.1 - Prior foreclosure sales validated despite defects--Rights barred by no action.

21-48-22.1. Prior foreclosure sales validated despite defects--Rights barred by no action.
All mortgage foreclosure sales of real property by advertisement, under power of sale contained in such mortgages, made before January 1, 1992, the sheriff's deed thereof having been executed and delivered to the purchaser of such real property before January 1, 1975, notwithstanding any defect of notice, acknowledgment of any instrument or the recording thereof, or any other defect in the proceeding, are hereby cured, legalized, and validated as fully as if such foreclosure proceedings had been made in full compliance with all existing statutes or laws.
If any person has any vested right in any real property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10.
Source:
SL 1975, ch 167; SL 1992, ch 307, §13.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-23 - Record of foreclosure sale--Affidavits and certificate recorded--Notation by register of deeds.

21-48-23. Record of foreclosure sale--Affidavits and certificate recorded--Notation by register of deeds.
A record of foreclosure sale must be made as follows:
(1)An affidavit of the publication of the notice of sale and of any notice of postponement must be made by the printer or publisher of the newspaper in which such notice was published, or some person in his employ knowing the facts;
(2)An affidavit by the person foreclosing the mortgage, or his attorney, or someone knowing the facts, setting forth the facts relating to the military service status of the owner of the mortgaged premises at the time of sale which affidavit, where such may be required, may also set forth the fact of service of notice of sale upon the secretary of the treasury of the United States of America or his delegate in accordance with the provisions of subsection (c)(1) of section 7425 of the Internal Revenue Code of 1954 as amended by Public Law 89-719, known as the Federal Tax Lien Act of 1966, and as amended through January 1, 1987;
(3)An affidavit executed by the person foreclosing the mortgage, that person's attorney or someone knowing the facts, stating that the mortgagor and any person who is required to receive notice under §21-48-6.1 have been given notice of the foreclosure and that no request for foreclosure by action has been made;
(4)Such affidavits and the certificate of sale hereinabove provided for, must be recorded at length by the register of deeds of the county in which the real property is situated in a book kept for that purpose, and such original instruments, or the records thereof, or certified copies of such records, shall be prima facie evidence of the facts therein contained;
(5)A note shall be made by the register of deeds in the margin of the record of any mortgage which has been foreclosed, showing the book and page where the evidence of such foreclosure sale is recorded.
Source:
SDC 1939, §37.3012; SL 1949, ch 141, §2; SL 1957, ch 197; SL 1967, ch 151; SL 1987, ch 29, §78; SL 2002, ch 101, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-24 - Affidavits recorded to show compliance with federal acts.

21-48-24. Affidavits recorded to show compliance with federal acts.
The affidavit provided for in subdivision 21-48-23(2) may be made and filed for record for the purpose of complying with the provisions of the Servicemembers Civil Relief Act of 2003, 54 Stat. 1178, 50 App. U.S.C.A. 501-48 and 560-591, as amended to January 1, 2007, and if required, for the purpose of showing compliance with the Federal Tax Lien Act, as amended to January 1, 2007. The affidavit may be made and filed for record at any time after the mortgage foreclosure sale, whether the sale was heretofore or is hereafter made.
Source:
SDC 1939, §37.3012 as added by SL 1957, ch 197; SL 1967, ch 151; SL 2007, ch 187, §234.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-25 - Interest vested in purchaser by recording of instruments.

21-48-25. Interest vested in purchaser by recording of instruments.
A record of the instruments described in §21-48-23 and the deed executed upon the sale of the real property, shall vest in the purchaser or person acquiring title thereto by redemption or otherwise, the same interest as a deed upon foreclosure of a real estate mortgage by action in court.
Source:
CCivP 1877, §614; CL 1887, §5428; RCCivP 1903, §653; RC 1919, §2894; SDC 1939, §37.3012; SL 1949, ch 141, §2; SL 1957, ch 197; SL 1967, ch 151.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-26 - Validation of sales prior to January 1, 1982--Pending proceedings.

21-48-26. Validation of sales prior to January 1, 1982--Pending proceedings.
All mortgage foreclosure sales of real property by advertisement under power of sale contained in such mortgages, in which the sheriff's certificate of sale therefor was executed and recorded before January 1, 1992, in the office of the register of deeds of the county, or counties, where the real estate affected thereby is situated, are, notwithstanding any defect or irregularity therein, hereby cured, legalized, and validated.
The provisions of this section do not apply to any action or proceeding involving real property pending on July 1, 1993, or commenced prior to July 1, 1993, if a notice of the pendency of such action or proceeding was recorded prior to July 1, 1993.
If anyone has any right in any real property, or any part thereof, adversely affected by a mortgage foreclosure sale referred to in this section, and no action or proceeding to enforce such right is commenced prior to July 1, 1993, such right shall be forever barred, and no action or proceeding so brought may be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, a notice of the pendency of such action or proceeding was recorded in accordance with the provisions of chapter 15-10 in the office of the register of deeds of the county, or counties, where any real property affected thereby is situated.
Source:
SL 1982, ch 175; SL 1992, ch 307, §14.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48A - Nonjudicial Voluntary Foreclosure › Section 21-48A-2 - Lien released upon failure of junior lienholder to redeem.

21-48A-2. Lien released upon failure of junior lienholder to redeem.
A junior lienholder may redeem the real property pursuant to §21-48A-5. If a junior lienholder fails to redeem its lien as provided in this chapter, its lien shall be released from the property.
Source:
SL 1991, ch 185, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48A - Nonjudicial Voluntary Foreclosure › Section 21-48A-3 - Possession of property by mortgagee.

21-48A-3. Possession of property by mortgagee.
Until the completion of foreclosure pursuant to this chapter, the mortgagee shall possess the real property subject to liens of record at the time of the conveyance by the mortgagor. However, the lien of the mortgagee shall remain prior to liens which were junior to the mortgage at the time of conveyance by the mortgagor to the mortgagee.
Source:
SL 1991, ch 185, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48A - Nonjudicial Voluntary Foreclosure › Section 21-48A-4 - Judicial foreclosure action by junior lienholder before redemption period.

21-48A-4. Judicial foreclosure action by junior lienholder before redemption period.
Any junior lien holder may commence a judicial foreclosure pursuant to chapter 21-47, if commenced before the redemption period provided in §21-48A-1.
Source:
SL 1991, ch 185, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48A - Nonjudicial Voluntary Foreclosure › Section 21-48A-5 - Redemption of real property by junior lienholder--Quit claim deed.

21-48A-5. Redemption of real property by junior lienholder--Quit claim deed.
A lienholder of record may redeem real property which has been foreclosed by a mortgagee pursuant to this chapter. The redemption shall be made pursuant to §21-52-14. Upon payment, the mortgagee shall convey the property by quit claim deed to the redeeming junior lienholder.
Source:
SL 1991, ch 185, §5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-11 - Foreclosure alternatives available on small tracts subject to chapter--Mortgages under earlier law.

21-49-11. Foreclosure alternatives available on small tracts subject to chapter--Mortgages under earlier law.
Any mortgage made pursuant to this chapter on real property of an area of not more than forty acres containing therein a power of sale, upon default being made in the conditions of the mortgage, may be foreclosed as provided in chapter 21-47 or 21-48 or as provided in this chapter. Any mortgage made pursuant to §§21-49-1 to 21-49-10 prior to July 1, 1977 may be foreclosed as provided therein or as provided in this section.
Source:
SL 1963, ch 236, §1; SDCL, §21-49-1; SL 1972, ch 135; SL 1977, ch 187, §1; SL 1979, ch 157, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-12 - Clause subjecting mortgage to chapter--Caption required--Mortgagor's right to possession of property during redemption period.

21-49-12. Clause subjecting mortgage to chapter--Caption required--Mortgagor's right to possession of property during redemption period.
Any mortgage containing the following statement in printed or typed capital letters: "THE PARTIES AGREE THAT THE PROVISIONS OF THE ONE HUNDRED EIGHTY DAY REDEMPTION MORTGAGE ACT GOVERN THIS MORTGAGE," shall be subject to the provisions of this chapter. Any mortgage executed under this chapter shall be entitled in printed or typed capital letters: "MORTGAGE--ONE HUNDRED EIGHTY DAY REDEMPTION." No mortgage made pursuant to this chapter shall contain any provisions whereby the mortgagor is denied the right to possession of the mortgaged property during the redemption period as provided in this chapter.
Source:
SL 1963, ch 236, §5; SDCL, §21-49-2; SL 1977, ch 187, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-13 - Provisions includable in mortgage--Satisfaction of notice requirements.

21-49-13. Provisions includable in mortgage--Satisfaction of notice requirements.
In particular, but without limitation, any mortgage subject to the provisions of this chapter, may contain provisions relating to:
(1)In the case of default in the payment of the principal sum of money, or any part thereof, or interest thereon at the time specified for payment thereof, or in the case of nonpayment of any taxes, assessments, or insurance as required, or of breach of any covenant or agreement contained in the mortgage, then, the total debt, principal and interest, shall at the option of the holder of the mortgage, immediately become due and payable, upon twenty days' notice to the mortgagor. The notice may be given concurrently with any notice of the mortgagor's right to cure existing defaults. Thereafter the mortgage may be foreclosed, as provided in this chapter;
(2)In the case of foreclosure, that the holder of the mortgage shall recover reasonable attorney fees and actual disbursements necessarily incurred;
(3)In the case of foreclosure, that the holder of the mortgage is authorized to appoint a receiver to take possession of the mortgaged premises, if the premises are abandoned, or to have a receiver appointed by the circuit court upon sufficient proof being established therefor;
(4)An agreement for the collection of installment payments for taxes and insurance to be held in escrow, in an account with the mortgagee, until the due dates thereof;
(5)In the case of foreclosure, and during the period of redemption, that the mortgagor assigns all his rights and interest to the rental or income of the mortgaged premises;
(6)In the case of foreclosure, that the mortgagor shall pay to the holder of the mortgage the difference between the net proceeds of sale, if less than the total debt due;
(7)If the mortgaged premises are sold without the prior consent of the mortgagee, that the entire balance owing may at the option of the mortgagee be declared immediately due and payable upon sixty days notice to the mortgagor, and the mortgage foreclosed as provided in this chapter; or
(8)That in the case of foreclosure by action, the holder of the certificate of sale may apply to the court for a reduction of the redemption period if the property has been abandoned by the mortgagor. If, after notice to the parties as the court directs, the court finds the property has been abandoned, the redemption period may be reduced. The redemption period may not be reduced to less than sixty days from the date of recording the certificate of sale.
The notice requirements of this section shall be satisfied when the notice is deposited in the United States mail, registered or certified mail, return receipt requested, and addressed to the last known address of the mortgagor.
Source:
SL 1977, ch 187, §3; SL 1981, ch 170, §1; SL 1987, ch 29, §30; SL 1988, ch 184, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-14 - Forms of mortgages authorized--Address and description requirements not applicable.

21-49-14. Forms of mortgages authorized--Address and description requirements not applicable.
Real estate mortgages, in any form, including but not limited to, open end mortgages, collateral real estate mortgages, renegotiated rate mortgages, shared appreciation mortgages, and variable rate mortgages are authorized under the provisions of this chapter. The provisions of §7-9-7 shall not be applicable to proceedings under this chapter.
Source:
SL 1977, ch 187, §4; SL 1981, ch 170, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-15 - Commencement of foreclosure or satisfaction action--Service of process on nonresident defendant--Required defendants.

21-49-15. Commencement of foreclosure or satisfaction action--Service of process on nonresident defendant--Required defendants.
Any action for the foreclosure or satisfaction of mortgages under this chapter shall be commenced in the circuit court for the county where the mortgaged property, or some portion thereof, is situated. If a defendant is not a resident of the county, process may be served on him in any other county within the state. All persons having an interest in, or lien on, the mortgaged property as of the date of filing the action shall be named as defendants in the action.
Source:
SL 1977, ch 187, §5; SL 1981, ch 170, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-16 - Service by publication.

21-49-16. Service by publication.
If the defendant is a nonresident of the state, or absent or concealed, or if he is a resident of the state and after due diligence cannot be found in the state, service may be made by publication in the manner prescribed by statute or rule of court in ordinary civil actions. If any proper party defendant is deceased, service upon unknown heirs, devisees, legatees, personal representatives, creditors, and other unknown persons who might have a right of redemption from the mortgage, may be made by publication, as provided by §15-9-9.
Source:
SL 1977, ch 187, §6; SL 1995, ch 167, §188.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-17 - Joinder of other persons liable--Judgment and enforcement of judgment as against mortgagor.

21-49-17. Joinder of other persons liable--Judgment and enforcement of judgment as against mortgagor.
If the mortgage debt is secured by the obligation, or other evidence of debt, of any person other than the mortgagor, the plaintiff may make such other person a party to the action, and the court may render judgment for the balance of such debt remaining unsatisfied, after a sale of the mortgaged property, as well as against such other person as against the mortgagor, and may enforce such judgment as in other cases by execution or other process.
Source:
SL 1977, ch 187, §7.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-18 - Other recovery proceedings to be stated in complaint.

21-49-18. Other recovery proceedings to be stated in complaint.
In an action for the foreclosure or satisfaction of a mortgage, the complaint shall state whether any proceedings have been had at law or otherwise for the recovery of the debt secured by such mortgage or any part thereof; and if a recovery has been had, whether any and what part thereof has been collected.
Source:
SL 1977, ch 187, §8.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-19 - Money judgment as precluding foreclosure unless execution remains unsatisfied.

21-49-19. Money judgment as precluding foreclosure unless execution remains unsatisfied.
If it appears that any judgment has been obtained in an action at law for the moneys demanded by such complaint, or any part thereof, no foreclosure proceedings shall be commenced in such case unless an execution against the property of the defendant in such judgment has been issued, and the sheriff or other officer shall have made return that the execution is unsatisfied in whole or in part, and that the defendant has no property other than property mortgaged under this chapter whereon to satisfy such execution.
Source:
SL 1977, ch 187, §9.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-20 - Recovery proceedings not allowed pending foreclosure action.

21-49-20. Recovery proceedings not allowed pending foreclosure action.
After action for foreclosure shall be commenced, and while it is pending, no proceedings at law shall be had for the recovery of the debt secured by the mortgage.
Source:
SL 1977, ch 187, §10.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-21 - Time for defendant's answer.

21-49-21. Time for defendant's answer.
A defendant in an action for foreclosure shall serve his answer to the complaint of the plaintiff within thirty days after service of the summons.
Source:
SL 1977, ch 187, §11.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-22 - Injunction against injury to property--Duration.

21-49-22. Injunction against injury to property--Duration.
The court may by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of the mortgaged property during the existence of a lien or the foreclosure of a mortgage thereon, and until the expiration of the time allowed for redemption.
Source:
SL 1977, ch 187, §12.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-23 - Judgment rendered for amount due and costs--Sale of property and delivery to purchaser--Lien priorities.

21-49-23. Judgment rendered for amount due and costs--Sale of property and delivery to purchaser--Lien priorities.
In an action for foreclosure or satisfaction, a court may:
(1)Render a judgment against the mortgagor for the amount of the mortgage debt due at the time of the rendition of such judgment, and the costs of the action, including reasonable attorney fees and actual disbursements made,
(2)Order and decree a sale of the mortgaged property, or such part thereof as may be sufficient to pay the amount adjudged to be due, and costs of sale,
(3)If deemed necessary, direct in what parcels the property shall be offered, and the order in which they shall be offered and further to direct that if there be no bid for any parcel, such parcel may be sold with any other parcel, not yet sold, in one parcel; and
(4)Order and compel the delivery of possession of the property to the purchaser.
In no case under this chapter shall the possession of the property so sold be delivered to the person entitled thereto, until after the expiration of the period of redemption, subject however to the rights of any person under a valid assignment of rents, and a receiver in possession thereof. There shall be added to the amount of any such judgment all sums reasonably expended by the mortgagee for the protection and preservation of the mortgaged property or the mortgagee's interest therein. The court shall further determine the priority of any other liens, the owners of which were made a party to the action, and shall have the further power to determine the rights of subsequent liens filed after the commencement of suit.
Source:
SL 1977, ch 187, §13; SL 1981, ch 170, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-24 - Sale by court-appointed officer--Levy not required.

21-49-24. Sale by court-appointed officer--Levy not required.
Any sale of mortgaged property shall be made by a person appointed by the court, and shall be made as the court shall direct, in the county where the property, or some part is located. No levy on mortgaged property under the judgment shall be required and the officer may proceed to advertise and sell it upon receipt of the judgment without further proceedings.
Source:
SL 1977, ch 187, §14.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-25 - Notice of sale--Contents.

21-49-25. Notice of sale--Contents.
Notice of the sale of such mortgaged property shall be given by publishing it at least once a week for at least two successive weeks in a legal newspaper of general circulation in each of the counties where the property is located. Each notice shall specify:
(1)The name of the mortgagor, and any assignee;
(2)The amount claimed to be due;
(3)The date of the mortgage;
(4)A description of the property, as described in the mortgage;
(5)The time, manner and place of sale, as directed by the court; and
(6)Any other matter as ordered by the court.
Source:
SL 1977, ch 187, §15.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 49 - Short-Term Redemption Mortgages › Section 21-49-26 - Mortgagee may purchase at sale--Bid required.

21-49-26. Mortgagee may purchase at sale--Bid required.
The holder of the mortgage may purchase the premises or any part thereof at the foreclosure sale if the holder bids therefor the full amount of the judgment debt, 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. In no event, however, may the holder of the mortgage be required to bid a sum in excess of the debt adjudged to be due, with the costs included in the judgment upon which sale was made, and expenses of sale.
Source:
SL 1977, ch 187, §15; SL 1989, ch 191, §3.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.