reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 45 - Partition And Sale Of Real Estate › Section 21-45-50 - Continuation of action between parties when proceeds of sale paid into court--Hearing of further testimony.

21-45-50. Continuation of action between parties when proceeds of sale paid into court--Hearing of further testimony.
When the proceeds of the sale of any share or parcel belonging to persons who are parties to the action, and who are known, are paid into court, the action may be continued as between such parties, for the determination of their respective claims thereto, which must be ascertained and adjudged by the court. Further testimony may be taken in court, or by a referee, in the discretion of the court, and the court may, if necessary, require such parties to present the facts or law in controversy by pleadings as in an original action.
Source:
CCivP 1877, §570; CL 1887, §5384; RCCivP 1903, §609; RC 1919, §2820; SDC 1939 & Supp 1960, §37.1421.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 45 - Partition And Sale Of Real Estate › Section 21-45-51 - Application of proceeds of sale of encumbered property.

21-45-51. Application of proceeds of sale of encumbered property.
The proceeds of the sale of encumbered property must be applied under the direction of the court as follows:
(1)To pay its just proportion of the general costs of the action;
(2)To pay the costs of the reference;
(3)To satisfy and cancel of record the several liens in their order or priority, by payment of the sums due and to become due; the amount due to be verified by affidavit at the time of payment;
(4)The residue among the owners of the property sold, according to their respective shares therein.
Source:
CCivP 1877, §567; CL 1887, §5381; RCCivP 1903, §606; RC 1919, §2817; SDC 1939 & Supp 1960, §37.1418.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 45 - Partition And Sale Of Real Estate › Section 21-45-52 - Lien holder required to resort to other secured property.

21-45-52. Lien holder required to resort to other secured property.
Whenever any party to an action who holds a lien upon the property or any part thereof, has other securities for the payment of the amount of such lien, the court may, in its discretion, order such security to be exhausted before distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property on account thereof.
Source:
CCivP 1877, §568; CL 1887, §5382; RCCivP 1903, §607; RC 1919, §2818; SDC 1939 & Supp 1960, §37.1419.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 45 - Partition And Sale Of Real Estate › Section 21-45-53 - Compensation of tenant for life or years--Consent or adjudication of amount payable--Protection of unknown tenant.

21-45-53. Compensation of tenant for life or years--Consent or adjudication of amount payable--Protection of unknown tenant.
The person entitled to a tenancy for life or years, whose estate has been sold, is entitled to receive such sum as may be deemed a reasonable satisfaction for such estate, and which the person so entitled may consent to accept instead thereof, by an instrument in writing, filed with the clerk of courts. Upon the filing of such consent, the clerk must enter the same in the minutes of the court. If such consent be not given, filed, and entered at or before the time a judgment of sale is rendered, the court must ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be allowed on account of such estate, and must order the same to be paid to such party, or deposited in court for him, as the case may require. If the person entitled to such estate for life or years be unknown, the court must provide for the protection of his rights in the same manner, as far as may be, as if he were known and had appeared.
Source:
CCivP 1877, §§574 to 576; CL 1887, §§5388 to 5390; RCCivP 1903, §§613 to 615; RC 1919, §§2824 to 2826; SDC 1939 & Supp 1960, §37.1422.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 45 - Partition And Sale Of Real Estate › Section 21-45-54 - Compensation for future estate--Payment or investment of compensatory share.

21-45-54. Compensation for future estate--Payment or investment of compensatory share.
In all cases of sales, where it appears that any person has a vested or contingent future right or estate in any of the property sold, the court must ascertain and settle the proportionate value of such contingent or vested right or estate, and must direct such proportion of the proceeds of the sale to be invested, secured, or paid over, in such manner as to protect the rights and interests of the parties.
Source:
CCivP 1877, §577; CL 1887, §5391; RCCivP 1903, §616; RC 1919, §2827; SDC 1939 & Supp 1960, §37.1423.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 45 - Partition And Sale Of Real Estate › Section 21-45-55 - Investment of proceeds of sale for unknown or nonresident owner.

21-45-55. Investment of proceeds of sale for unknown or nonresident owner.
When there are proceeds of a sale belonging to an unknown owner, or to a person without the state who has no legal representative within it, the same must be invested in bonds of the United States for the benefit of the persons entitled thereto.
Source:
CCivP 1877, §584; CL 1887, §5398; RCCivP 1903, §623; RC 1919, §2834; SDC 1939 & Supp 1960, §37.1424.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 45 - Partition And Sale Of Real Estate › Section 21-45-56 - Receipt and deposit by clerk of courts of securities and investments for parties--Accounting.

21-45-56. Receipt and deposit by clerk of courts of securities and investments for parties--Accounting.
The clerk of courts, in whose name a security is taken, or by whom an investment is made, and his successor in office, must receive the interest and principal as it becomes due, and apply and invest the same as the court may direct; and must deposit with the county treasurer all securities taken, and keep an account in a book provided and kept for that purpose in the clerk's office, free for inspection by all persons, of investments and moneys received by him thereon and the disposition thereof.
Source:
CCivP 1877, §587; CL 1887, §5401; RCCivP 1903, §626; RC 1919, §2837; SDC 1939 & Supp 1960, §37.1439.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 46 - Partition And Sale Of Personal Property › Section 21-46-1 - Property subject to partition or sale--Persons entitled to bring action.

21-46-1. Property subject to partition or sale--Persons entitled to bring action.
When several persons hold and are in possession of personal property as partners, joint tenants, or tenants in common, in which one or more of them have an estate of inheritance or for life or lives or for years, an action may be brought by one or more of such persons for a partition thereof according to the respective rights of the persons interested therein and for a sale of such property or a part thereof, if it appears that a partition cannot be made without great prejudice to the owners.
Source:
SL 1953, ch 208, §1; SDC Supp 1960, §37.14A01.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 46 - Partition And Sale Of Personal Property › Section 21-46-2 - Venue of action.

21-46-2. Venue of action.
The venue of such action shall be the county in which such property or a part thereof is located.
Source:
SL 1953, ch 208, §2; SDC Supp 1960, §37.14A01.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 46 - Partition And Sale Of Personal Property › Section 21-46-3 - Procedure for partition or sale.

21-46-3. Procedure for partition or sale.
The procedure to be followed shall be the same as provided in chapter 21-45, for the partition of real estate.
Source:
SL 1953, ch 208, §3; SDC Supp 1960, §37.14A02.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 46 - Partition And Sale Of Personal Property › Section 21-46-4 - Consolidation of real property and personal property actions.

21-46-4. Consolidation of real property and personal property actions.
Where real and personal property are owned by the same persons in substantially like interests, the court, in its discretion, may permit the consolidation of the personal property action established by this chapter with the real property action established by chapter 21-45 to be consolidated into one action.
Source:
SL 1953, ch 208, §4; SDC Supp 1960, §37.14A03.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-1 - Venue of foreclosure actions--Service outside county on nonresident defendant.

21-47-1. Venue of foreclosure actions--Service outside county on nonresident defendant.
Actions for the foreclosure or satisfaction of mortgages may be brought in the circuit court for the county where the mortgaged real property or some portion thereof is situated, and in case any defendant be not a resident of the county, process may be served on him in any other county within the state.
Source:
CCivP 1877, §616; CL 1887, §5430; RCCivP 1903, §655; RC 1919, §2897; SDC 1939, §37.2901; SL 1943, ch 139.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-2 - Service by publication on nonresident, absent or unknown defendants.

21-47-2. Service by publication on nonresident, absent or unknown defendants.
If the defendant be a nonresident of the state, or absent or concealed or if he be 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 but no additional lien on or seizure of property other than that contained in the mortgage or resulting from commencing foreclosure thereof shall be necessary to obtain jurisdiction of the persons served with process by publication. If the mortgagor or any other 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:
CCivP 1877, §616; CL 1887, §5430; RCCivP 1903, §655; RC 1919, §2897; SDC 1939, §37.2901; SL 1943, ch 139; SL 1995, ch 167, §188.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-3 - Joinder as party defendant of person liable on debt secured--Deficiency judgment against persons liable.

21-47-3. Joinder as party defendant of person liable on debt secured--Deficiency judgment against persons liable.
If the mortgage debt be secured by the obligation, or other evidence of debt, of any other person 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 premises, as well against such other person as against the mortgagor, and may enforce such judgment as in other cases by execution or other process.
Source:
CCivP 1877, §619; CL 1887, §5433; RCCivP 1903, §658; RC 1919, §2900; SDC 1939 & Supp 1960, §37.2902.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-4 - Previous actions for collection of debt to be disclosed by complaint.

21-47-4. Previous actions for collection of debt to be disclosed by 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 there has, whether any and what part thereof has been collected.
Source:
CCivP 1877, §620; CL 1887, §5434; RCCivP 1903, §659; RC 1919, §2901; Supreme Court Rule 591, 1939; SDC 1939 & Supp 1960, §37.2903.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-5 - Foreclosure not permitted after money judgment unless execution returned unsatisfied.

21-47-5. Foreclosure not permitted after money judgment unless execution returned unsatisfied.
If it appear that any judgment has been obtained in an action at law for the moneys demanded by such complaint, or any part thereof, no proceedings shall be had 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 whereon to satisfy such execution.
Source:
CCivP 1877, §621; CL 1887, §5435; RCCivP 1903, §660; RC 1919, §2902; SDC 1939 & Supp 1960, §37.2905.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-6 - Proceedings at law not had while foreclosure action pending.

21-47-6. Proceedings at law not had while foreclosure action pending.
After action for foreclosure shall be commenced, while the same is pending, no proceedings at law shall be had for the recovery of the debt secured by the mortgage, or any part thereof, unless authorized by the court.
Source:
CCivP 1877, §618; CL 1887, §5432; RCCivP 1903, §657; RC 1919, §2899; SDC 1939 & Supp 1960, §37.2904.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-7 - Injunction to restrain injury to property during existence of lien or foreclosure.

21-47-7. Injunction to restrain injury to property during existence of lien or foreclosure.
The court may by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the existence of a lien or foreclosure of a mortgage thereon, and until the expiration of the time allowed for redemption.
Source:
CCivP 1877, §634; CL 1887, §5448; RCCivP 1903, §674; RC 1919, §2913; SDC 1939 & Supp 1960, §37.2906.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-8 - Dismissal of complaint on payment into court of installments then due.

21-47-8. Dismissal of complaint on payment into court of installments then due.
Whenever an action shall be commenced for the foreclosure of a mortgage upon which there shall be due any interest or any portion or installment of the principal, and there shall be other portions or installments to become due subsequently, the complaint shall be dismissed upon the defendant bringing into court at any time before entry of judgment the principal and interest due, with costs and disbursements.
Source:
CCivP 1877, §626; CL 1887, §5440; RCCivP 1903, §666; RC 1919, §2906; SDC 1939 & Supp 1960, §37.2907.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-9 - Examination of premises on judgment for plaintiff.

21-47-9. Examination of premises on judgment for plaintiff.
If the defendant shall not bring into court the amount due, with costs, or if, for any other cause, a judgment or decree shall be entered for the plaintiff, the court may appoint a referee to ascertain and report the situation of the mortgaged premises, or may determine the same on oral or other testimony.
Source:
CCivP 1877, §628; CL 1887, §5442; RCCivP 1903, §668; RC 1919, §2908; SDC 1939 & Supp 1960, §37.2909.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-10 - Stay of further proceedings on payment before sale of installments then due--Enforcement of judgment on subsequent default.

21-47-10. Stay of further proceedings on payment before sale of installments then due--Enforcement of judgment on subsequent default.
If any time before sale, the defendant shall bring into court the principal and interest due, with costs, the proceedings in the foreclosure action shall be stayed until a further default, and in case of a subsequent default in the judgment of any of the installments, or any part thereof, of such mortgage, the court may enforce by order or other process the collection of such subsequent installment.
Source:
CCivP 1877, §627; CL 1887, §5441; RCCivP 1903, §667; RC 1919, §2907; SDC 1939 & Supp 1960, §37.2908.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-11 - Sale by parcels to pay delinquent installments--Subsequent sales on later default.

21-47-11. Sale by parcels to pay delinquent installments--Subsequent sales on later default.
If it shall appear that the mortgaged premises can be sold in parcels without injury to the interests of the parties, the decree must direct so much of the mortgaged premises to be sold as will be sufficient to pay the amount then due on such mortgage, with costs, and such judgment or decree shall remain as security for any subsequent default. In such case if there shall be any default subsequent to such judgment or decree, in the payment of any portion or installment of the principal, or of any interest due upon such mortgage, the court may, upon the application of the plaintiff, by a further order founded upon such first judgment or decree, direct the sale of so much of the mortgaged premises to be made, under such decree, as will be sufficient to satisfy the amount so due, with costs of the application and the subsequent proceeding thereon; and the same proceedings may be had as often as a default happens.
Source:
CCivP 1877, §§628, 629; CL 1887, §§5442, 5443; RCCivP 1903, §§668, 669; RC 1919, §§2908, 2909; SDC 1939 & Supp 1960, §37.2909.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-12 - Sale of entire tract and payment of installments due--Investment and payment of subsequent installments to plaintiff--Surplus for benefit of defendant.

21-47-12. Sale of entire tract and payment of installments due--Investment and payment of subsequent installments to plaintiff--Surplus for benefit of defendant.
If, in any of the foregoing cases, it shall appear to the court that the mortgaged premises are so situated that a sale of the whole will be most beneficial to the parties, the judgment or decree must, in the first instance, be entered for the sale of the whole premises accordingly. In such case the proceeds of such sale must be applied as well to the interest or portion or installment of the principal due as toward the whole or residue of the sum secured by such mortgage and not due and payable at the time of such sale, and if such residue do not bear interest, then the court may direct the same to be paid with a rebate of the legal interest for the time during which such residue shall not be due and payable, or the court may direct the balance of the proceeds of such sale, after paying the sum due, with costs, to be put out at interest for the benefit of the plaintiff, to be paid to him as the installments or portions of the principal or interest may become due, and the surplus for the benefit of the defendant, his representative, or assigns, to be paid to them by order of the court.
Source:
CCivP 1877, §§630, 631; CL 1887, §§5444, 5445; RCCivP 1903, §§670, 671; RC 1919, §§2910, 2911; SDC 1939 & Supp 1960, §37.2910.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-13 - Judgment of foreclosure and sale of premises--Sale by parcels--Delivery of possession deferred during period of redemption.

21-47-13. Judgment of foreclosure and sale of premises--Sale by parcels--Delivery of possession deferred during period of redemption.
Whenever an action shall be brought for the foreclosure or satisfaction of a mortgage, the court shall have power to 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, and to order and decree a sale of the mortgaged premises, or such part thereof as may be sufficient to pay the amount adjudged to be due, and costs of sale, and shall have power to direct in what parcels the premises 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 or parcels offered, such parcel or parcels may be sold with any other parcel not yet sold, in one parcel; and shall have power to order and compel the delivery of the possession of the premises to the purchaser; but in no case under this chapter shall the possession of the premises so sold be delivered to the purchaser or person entitled thereto, until after the expiration of the period of redemption.
Source:
CCivP 1877, §617; CL 1887, §5431; RCCivP 1903, §656; RC 1919, §2898; SL 1929, ch 178; SDC 1939 & Supp 1960, §37.2911.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-14 - Officer by whom sale made--Place and notice of sale--Levy on execution not required.

21-47-14. Officer by whom sale made--Place and notice of sale--Levy on execution not required.
All sales of mortgaged premises under an order and decree of foreclosure must be made by a referee, sheriff, or his deputy, of the county where the court in which the judgment is rendered is held, or other person appointed by the court for that purpose, and must be made in the county where the premises, or some part of them, are situated, and shall be made upon like notice and in the same manner as provided by law for the sale of real property upon execution. No levy on mortgaged real estate under the execution, however, shall be required and the officer may proceed to advertise and sell it upon receipt of the execution without further proceedings.
Source:
CCivP 1877, §622; CL 1887, §5436; RCCivP 1903, §661; RC 1919, §2903; Supreme Court Rule 592, 1939; SDC 1939 & Supp 1960, §37.2912.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-15 - Purchase by mortgagee at sale--Fair and reasonable bid required.

21-47-15. Purchase by mortgagee at sale--Fair and reasonable bid required.
In any foreclosure of a mortgage upon real estate by action, the holder of the mortgage may purchase the mortgaged premises, or any part thereof, at such foreclosure sale, if the holder of the mortgage bids fairly and in good faith, and bids the fair and reasonable value thereof, 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 may the holder of the mortgage be required to bid a sum in excess of the debt adjudged by the court to be due, with costs and disbursements taxed in the action in which the sale is made, and costs and expenses of the sale.
Source:
SL 1939, ch 146, §1; SDC Supp 1960, §37.2911-1; SL 1989, ch 191, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-16 - Proof required of mortgagee bidding less than amount of debt--Court decree permitting bid--Execution for deficiency.

21-47-16. Proof required of mortgagee bidding less than amount of debt--Court decree permitting bid--Execution for deficiency.
If the holder of such mortgage is not willing at such sale to bid the full amount of the judgment debt, such mortgage holder shall establish at the time of the trial by competent proof to the satisfaction of the court, the fair and reasonable value of the mortgaged premises, and the court shall determine the same in its decree. 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 said mortgage, with costs and disbursements, and costs and expenses of sale, it may by such decree authorize such mortgage holder to bid not less than the fair and reasonable value as thus determined, less the sum of the balances due, as of the date of sale, on any prior liens and encumbrances upon the mortgaged premises, including liens or charges for real property taxes and special assessments; and if a deficiency remains after the foreclosure sale, such mortgage holder shall be entitled to a general execution for such deficiency only upon application to the court in which the judgment was rendered.
Source:
SL 1939, ch 146, §2; SDC Supp 1960, §37.2911-1; SL 1989, ch 191, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-17 - Foreclosure as complete satisfaction of debt--Exception.

21-47-17. Foreclosure as complete satisfaction of debt--Exception.
Except as provided by §21-47-16, a foreclosure by action of a mortgage upon real estate operates as a complete extinguishment, satisfaction and payment of the debt secured by the mortgage. However, a foreclosure may not be considered to be satisfaction of an assignment of rents agreement under the mortgage.
Source:
SL 1939, ch 146, §2; SDC Supp 1960, §37.2911-1; SL 1983, ch 172.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-18 - Application of proceeds of sale--Investment of unclaimed surplus.

21-47-18. Application of proceeds of sale--Investment of unclaimed surplus.
It shall be the duty of every officer or person who conducts any such sale to apply the proceeds as follows:
(1)To the payment of the costs and expenses of the sale;
(2)To the payment of the costs and disbursements taxed in the action in which the sale is made;
(3)To the discharge of the debt adjudged by the court to be due;
(4)To pay the surplus, if any, into court for the use of the defendant or the person entitled thereto, subject to the order of the court.
If such surplus or any part thereof shall remain in court for the term of three months without being applied for, the court may direct the same to be put out at interest for the benefit of the defendant, his representatives, or assigns, subject to the order of the court.
Source:
CCivP 1877, §§624, 625; CL 1887, §§5438, 5439; SL 1893, ch 118; RCCivP 1903, §§663 to 665; RC 1919, §2905; SDC 1939 & Supp 1960, §37.2913.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-19 - Cancellation or endorsement of evidence of debt on application of proceeds of sale.

21-47-19. Cancellation or endorsement of evidence of debt on application of proceeds of sale.
When the proceeds of sale are sufficient to pay the costs and disbursements and the entire debt adjudged to be due, the officer or person making the sale, or the clerk of the court, shall cancel the note, bond, mortgage, or other evidences of the debt upon which the judgment is founded, by a plain and legible notation on the face thereof, and such note or evidences shall be attached to and filed with the return upon the execution; when the proceeds are insufficient for that purpose, the amount applied on the debt shall be endorsed on such note or other evidences, with the date of the application, by the officer or person making the sale, or by the clerk of the court, and such note or other evidences, so endorsed, shall be attached to and made a part of the return on the execution.
Source:
SL 1893, ch 118; RCCivP 1903, §664; RC 1919, §2905; SDC 1939 & Supp 1960, §37.2913.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-20 - Execution for balance unsatisfied by proceeds of sale.

21-47-20. Execution for balance unsatisfied by proceeds of sale.
Subject to the provisions of §§21-47-15 to 21-47-17, inclusive, the court may direct the issuing of an execution for the balance that may remain unsatisfied, after applying the proceeds of such sale.
Source:
CCivP 1877, §617; CL 1887, §5431; RCCivP 1903, §656; RC 1919, §2898; SL 1929, ch 178; SDC 1939 & Supp 1960, §37.2911.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-21 - Certificate of sale issued to purchaser.

21-47-21. Certificate of sale issued to purchaser.
Whenever any real property shall be sold under an order, decree, or judgment of foreclosure, under the provisions of this chapter, the officer or other person making the sale must give to the purchaser a certificate of sale, as provided in the statutes relating to foreclosure of real estate mortgages by advertisement and sale.
Source:
CCivP 1877, §623; CL 1887, §5437; RCCivP 1903, §662; RC 1919, §2904; SDC 1939 & Supp 1960, §37.2914.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-22 - Prior certificates validated despite delay in recording--Rights barred by no action.

21-47-22. Prior certificates validated despite delay in recording--Rights barred by no action.
All certificates of mortgage foreclosure sale of real property by action 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, §9.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-23 - Redemption procedure.

21-47-23. Redemption procedure.
The redemption of real property sold upon foreclosure of mortgages by order, judgment, or decree of court shall be as provided by statute relating to redemption from mortgage foreclosure sales by advertisement and sale under power of sale.
Source:
CCivP 1877, §633; CL 1887, §5447; RCCivP 1903, §673; RC 1919, §2912; SDC 1939 & Supp 1960, §37.2915.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-24 - Deed issued on expiration of time for redemption--Persons barred by deed--Mortgagor entitled to harvest crops planted before issuance of deed.

21-47-24. Deed issued on expiration of time for redemption--Persons barred by deed--Mortgagor entitled to harvest crops planted before issuance of deed.
At the expiration of the time for the redemption of such mortgaged premises, if the same is not redeemed, the person or officer making the sale, or his successor in office, or other person appointed by the court, must make to the purchaser or purchasers, their heirs or assigns, or to any person acquiring the title of such purchaser, by redemption or otherwise, a deed or deeds to such premises which shall vest in the purchaser, or other party entitled thereto, the same estate that was vested in the mortgagor at the time of the execution and delivery of the mortgage, or at any time thereafter; and such deed shall be as valid as if executed by the mortgagor and mortgagee, and shall be a complete bar against each of them, and against all the parties to the action in which the judgment for such sale was rendered, and against their heirs respectively, and all persons claiming under such heirs. 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, §623; CL 1887, §5437; RCCivP 1903, §662; RC 1919, §2904; SDC 1939 & Supp 1960, §37.2914; SL 1986, ch 177, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-24.1 - Lien priority in crops determined by Uniform Commercial Code.

21-47-24.1. Lien priority in crops determined by Uniform Commercial Code.
Notwithstanding anything in §§15-19-17.1, 21-47-24 and 21-48-21 to the contrary, the lien priority of a secured party in crops shall be determined by the provisions of Title 57A.
Source:
SL 1986, ch 177, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 47 - Actions To Foreclose Real Property Mortgages › Section 21-47-25 - Prior foreclosure sales validated despite defects--Rights barred by no action.

21-47-25. Prior foreclosure sales validated despite defects--Rights barred by no action.
All mortgage foreclosure sales of real property by action, 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, 1992, notwithstanding any defect of notice, acknowledgment of any instrument or the recording thereof, or any other defect in the action or 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, §10.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-1 - Foreclosure by advertisement available if mortgage contains power of sale.

21-48-1. Foreclosure by advertisement available if mortgage contains power of sale.
Every mortgage of real property containing therein a power of sale, upon default being made in the conditions of said mortgage, may be foreclosed by advertisement.
Source:
CCivP 1877, §597; SL 1883, ch 61, §1; CL 1887, §5411; RCCivP 1903, §636; RC 1919, §2876; SL 1927, ch 163; SL 1933, ch 135; SDC 1939 & Supp 1960, §37.3001; SL 1961, ch 199.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-2 - Recording of mortgage and assignments required before foreclosure.

21-48-2. Recording of mortgage and assignments required before foreclosure.
To entitle any party to foreclose by advertisement, it shall be necessary that the mortgage containing such power of sale has been duly recorded and, if it shall have been assigned, that all the assignments thereof have been duly recorded in the county where such mortgaged premises are situated.
Source:
CCivP 1877, §598, subdiv 3; CL 1887, §5412, subdiv 3; RCCivP 1903, §637, subdiv 3; RC 1919, §2877 (3); SDC 1939 & Supp 1960, §37.3002 (3).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-3 - Default required before foreclosure.

21-48-3. Default required before foreclosure.
To entitle any party to foreclose by advertisement, it shall be necessary that some default in a condition of such mortgage shall have accrued, by which the power to sell has become operative.
Source:
CCivP 1877, §598, subdiv 1; CL 1887, §5412, subdiv 1; RCCivP 1903, §637, subdiv 1; RC 1919, §2877 (1); SDC 1939 & Supp 1960, §37.3002 (1).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-4 - Foreclosure not permitted after action at law to recover debt unless execution returned unsatisfied.

21-48-4. Foreclosure not permitted after action at law to recover debt unless execution returned unsatisfied.
To entitle any party to foreclose by advertisement, it shall be necessary that no action or proceeding shall have been instituted at law to recover the debt then remaining secured by such mortgage, or any part thereof; or, if any action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part.
Source:
CCivP 1877, §598, subdiv 2; CL 1887, §5412, subdiv 2; RCCivP 1903, §637, subdiv 2; RC 1919, §2877 (2); SDC 1939 & Supp 1960, §37.3002 (2).
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-5 - Mortgage for installments deemed separate mortgage for each installment--Effect of redemption by installments.

21-48-5. Mortgage for installments deemed separate mortgage for each installment--Effect of redemption by installments.
In cases of mortgages given to secure the payment of money by installments, each of the installments mentioned in such mortgage, after the first, shall be taken and deemed to be a separate and independent mortgage, and such mortgage, for each of such installments, may be foreclosed in the same manner, and with like effect, as if such separate mortgage were given for each subsequent installment; and a redemption of any such sale shall have like effect as if the sale for such installment had been made upon a prior, independent mortgage.
Source:
CCivP 1877, §599; CL 1887, §5413; RCCivP 1903, §638; RC 1919, §2878; SDC 1939 & Supp 1960, §37.3003.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-6 - Publication of notice of foreclosure--Contents of notice.

21-48-6. Publication of notice of foreclosure--Contents of notice.
Notice that such mortgage will be foreclosed by sale of the mortgaged premises, or some part of them, shall be given, by publishing the notice at least once each week for four successive weeks in a legal newspaper of the county where the premises intended to be sold, or some of them, are situated, if there be one in the county, and if not, in the nearest newspaper in the state. Every notice shall specify:
(1)The names of the mortgagor and mortgagee, and the assignee, if any;
(2)The date of the mortgage;
(3)The amount claimed to be due on the mortgage at the date of the notice;
(4)A description of the mortgaged premises, conforming substantially to that contained in the mortgage;
(5)The time and place of sale;
(6)A description of the default;
(7)That the mortgagor can apply for foreclosure by action pursuant to §21-48-9;
(8)The name and address of all persons claiming a lien, encumbrance, or other recorded ownership interest in the property.
Source:
CCivP 1877, §§600, 601; CL 1887, §§5414, 5415; RCCivP 1903, §§639, 640; RC 1919, §§2879, 2880; SL 1929, ch 177; SL 1931, ch 178; SDC 1939 & Supp 1960, §37.3004; SL 2002, ch 101, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-6.1 - Written notice of foreclosure sale required--Time--Parties.

21-48-6.1. Written notice of foreclosure sale required--Time--Parties.
At least twenty-one days prior to the date set for sale, the foreclosing creditor shall serve a written copy of the notice of foreclosure sale on the mortgagor and any lien holder or encumbrancer whose interest in the property being foreclosed would be affected by the foreclosure.
Source:
SL 2002, ch 101, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-7 - Validation of prior foreclosures by receivers and personal representatives--Rights barred by no action.

21-48-7. Validation of prior foreclosures by receivers and personal representatives--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, by any receiver or personal representative, appointed by a court of competent jurisdiction, acting for and on behalf of the trust or estate for which such receiver or personal representative was appointed, or any like foreclosure made by the assignee of any such receiver or personal representative, and where such receiver or personal representative acquired title to such mortgage or mortgages by virtue of such appointment, and not by assignment, are hereby legalized, cured, and validated as fully as if such mortgage or mortgages had been assigned by the owner thereof to such receiver or personal representative, and such assignment duly acknowledged and recorded, as required by §43-11-29, relating to power of sale in mortgages, in whom such power vests by assignment and record thereof.
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 1939, ch 147; SDC Supp 1960, §65.0304-2; SL 1992, ch 307, §11.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-8 - Continuation of foreclosure proceedings despite changes in county boundaries or status.

21-48-8. Continuation of foreclosure proceedings despite changes in county boundaries or status.
When a foreclosure has been legally and properly commenced in any county by first publication of the notice of sale it may be carried on to full completion and issue of sheriff's deed or redemption, in such county, regardless of any change which may take place in the boundaries, name, legal, or political status of such county.
Source:
SL 1917, ch 8, §1; RC 1919, §2896; SDC 1939 & Supp 1960, §37.3013.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-9 - Application by mortgagor or other interested party to require foreclosure by action--Injunction against foreclosure by advertisement--Service on mortgagee.

21-48-9. Application by mortgagor or other interested party to require foreclosure by action--Injunction against foreclosure by advertisement--Service on mortgagee.
If the mortgagee or the mortgagee's assignee has commenced foreclosure by advertisement, the mortgagor, the mortgagor's successor in interest, or any other person claiming a lien, encumbrance, or recorded ownership interest in the real property that is the subject of the foreclosure, may require the owner and holder of the mortgage to foreclose by action and for that purpose shall present to the court having jurisdiction thereof an application describing the mortgage and stating the applicant's interest and stating why the mortgage should be foreclosed by action without necessity of stating any reasons, and upon such application the judge of such court shall, by an order to that effect, enjoin the mortgagee or the mortgagee's assignee from foreclosing such mortgage by advertisement, and direct that all further proceedings for the foreclosure be had in the circuit court properly having jurisdiction of the subject matter. For the purpose of carrying out the provisions of this section, service may be made upon the attorney or agent of the mortgagee or assignee.
Source:
SL 1883, ch 61, §1; CL 1887, §5411; RCCivP 1903, §636; RC 1919, §2876; SL 1927, ch 163; SL 1933, ch 135; SDC 1939 & Supp 1960, §37.3001; SL 1961, ch 199; SL 2002, ch 101, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-10 - Time and place of sale--Officer making sale.

21-48-10. Time and place of sale--Officer making sale.
A sale under this chapter must be at public auction between the hours of nine o'clock in the forenoon and five o'clock in the afternoon on that day, in the county in which the premises to be sold, or some part thereof, are situated, and must be made by the sheriff of such county, or his deputy, to the highest bidder.
Source:
CCivP 1877, §602; CL 1887, §5416; SL 1891, ch 84; RCCivP 1903, §641; RC 1919, §2881; SDC 1939 & Supp 1960, §37.3005.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-11 - Postponement of sale--Notice.

21-48-11. Postponement of sale--Notice.
Such sale may be postponed, from time to time, by inserting a notice of such postponement, as soon as practicable, in the newspaper in which the original advertisement was published, and continuing such publication until the time to which such sale shall be postponed, at the expense of the party requesting such postponement.
Source:
CCivP 1877, §603; CL 1887, §5417; RCCivP 1903, §642; RC 1919, §2882; SDC 1939 & Supp 1960, §37.3005.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-12 - Sale by parcels--Sale terminated when sufficient amount raised.

21-48-12. Sale by parcels--Sale terminated when sufficient amount raised.
If the mortgaged premises consist of distinct farms, tracts, or lots, they must be sold separately, unless the same consist of platted lots having a structure partly upon each, in which case the lots must be sold as one tract; provided that whenever there be a paramount lien upon two or more lots or parcels of land not contiguous which paramount lien covers two or more of such separate lots or parcels, the separate lots or parcels may be sold in one parcel subject to such paramount lien. Except as are hereinbefore provided, no more farms, tracts, or lots must be sold than shall be necessary to satisfy the amount due on such mortgage at the date of the notice of sale, with interest, and the costs and expenses allowed by law.
Source:
CCivP 1877, §604; CL 1887, §5418; RCCivP 1903, §643; RC 1919, §2883; SL 1929, ch 179; SDC 1939 & Supp 1960, §37.3005.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement › Section 21-48-13 - Purchase by mortgagee at sale.

21-48-13. Purchase by mortgagee at sale.
The mortgagee, his assigns, or their legal representatives, may, fairly and in good faith, purchase the premises so advertised, or any part thereof, at such sale.
Source:
CCivP 1877, §605; CL 1887, §5419; RCCivP 1903, §644; RC 1919, §2884; SDC 1939 & Supp 1960, §37.3005.