PocketLaw | South Dakota Codified Laws | Real Estate Mortgages

Real Estate Mortgages

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Creation, renewal, or extension of mortgage of real property--Formalities required.

Section
44-8-1.1

Real property interests subject to mortgage.

Section
44-8-1.2

After-acquired title of real property mortgagor.

Section
44-8-1.3

Mortgagor not bound to personal performance.

Section
44-8-1.4

Mortgage assigned with debt.

Section
44-8-1.5

Security of mortgage protected against mortgagor's act.

Power of attorney to execute mortgage of real property must be in writing--Signature, acknowledgment, or proof--Recording.

Standard form of real estate mortgage.

Assignment of real estate mortgage--Standard form.

Satisfaction of real estate mortgage--Standard form.

Adoption of standard forms--Use of other forms not precluded--Name and post office address of mortgagee or assignee required.

Real estate mortgages--Prohibited provisions--Exception--Federal land bank mortgages.

Validation of recorded real estate mortgages containing prohibited provisions--Notice to subsequent purchasers, encumbrancers or creditors--Rights of good faith purchasers or encumbrancers prior to July 1, 1949--Rights barred by no action.

Mortgage of real property--Acknowledgment or proof--Certification and recording.

Section
44-8-10

Record of mortgage--Notice to subsequent purchasers and encumbrancers.

Section
44-8-11

Instrument intended as mortgage of real property--Recording as mortgage necessary.

Section
44-8-12

Defeasance, to effect grant absolute on its face, must be recorded.

Section
44-8-13

Assignment of mortgage on real property--Recording--Acknowledgment or proof--Contents--Record as notice.

Section
44-8-14

Discharge of recorded mortgage--Certificate of release, contents, recording, fee.

Section
44-8-15

Mortgages affecting real property--Defective assignments or discharges recorded prior to July 1, 1939, legalized--Rights or purchasers or encumbrancers protected--Use as evidence--Rights barred by no action.

Section
44-8-16

Prior or superior mortgage affecting real property--Failure of mortgagor or successor in interest to pay installment due--Payment by holder of inferior mortgage--Added to amount due on mortgage.

Section
44-8-17

Real property sold on execution or on mortgage foreclosure--Renewal of insurance by purchaser--Payments of taxes or assessments by purchaser--Addition to cost of redemption from sale.

Section
44-8-18

Past due installments of interest and principal on superior mortgage affecting real property--Payment by holder of inferior mortgage--Insurance, taxes, and assessments paid by purchaser at sale on execution or mortgage foreclosure--Payment by purchaser prior to redemption--Proof by verified written notice, recording, service, effect.

Section
44-8-19

Bond to redeem without paying insurance, taxes or prior liens--Action on bond to determine validity.

Section
44-8-20

Deficiency in amount of purchase money mortgage given after June 30, 1933--Nonexistent after foreclosure of mortgage.

Section
44-8-21

Mortgage securing note for purchase price of real estate--Nonnegotiability--Enforcement of liability--Endorsement of note.

Section
44-8-22

Rights of payee of note given in payment of purchase price--Deficiency judgment prohibition inapplicable unless note secured by real estate mortgage.

Section
44-8-23

Executory contract remedies unaffected by deficiency judgment provisions.

Section
44-8-24

Deficiency judgment prohibition inapplicable to purchase money mortgage or notes held by federal agencies and instrumentalities.

Section
44-8-25

Deficiency judgment provisions not applicable to outside lenders.

Section
44-8-26

Collateral real estate mortgages.

Section
44-8-27

Due-on-sale clause defined.

Section
44-8-28

Inclusion of due-on-sale clause in mortgage required for enforcement.

Section
44-8-29

Definition of terms.

Section
44-8-30

Certificate of release--Conditions.

Section
44-8-31

Requirements of certificate of release.

Section
44-8-32

Execution and acknowledgment of certificate of release--Appointment of agent.

Section
44-8-33

Certificate of release prima facie evidence--Recording.

Section
44-8-34

Recording certificate of release in multiple counties.

Section
44-8-35

Application of certificate of release only to certain mortgages.