PocketLaw | South Dakota Codified Laws | Foreclosure Of Real Property

Foreclosure not permitted after action at law to recover debt unless execution returned unsatisfied.

Section
21-48-5

Mortgage for installments deemed separate mortgage for each installment--Effect of redemption by installments.

Section
21-48-6

Publication of notice of foreclosure--Contents of notice.

Section
21-48-6.1

Written notice of foreclosure sale required--Time--Parties.

Section
21-48-7

Validation of prior foreclosures by receivers and personal representatives--Rights barred by no action.

Section
21-48-8

Continuation of foreclosure proceedings despite changes in county boundaries or status.

Section
21-48-9

Application by mortgagor or other interested party to require foreclosure by action--Injunction against foreclosure by advertisement--Service on mortgagee.

Section
21-48-10

Proof of value required for deficiency judgment after purchase by mortgagee--Other purchasers unaffected--Negotiability of instruments protected.

Section
21-48-15

Costs, disbursements and attorney fees allowed from proceeds of sale.

Section
21-48-16

Surplus proceeds of sale paid to clerk of court--Notice to mortgagor and junior lien holders of deposit of surplus.

Section
21-48-17

Investment of surplus proceeds deposited with clerk.

Section
21-48-18

Cancellation or endorsement of evidence of debt on application of proceeds of sale.

Section
21-48-19

Certificate of sale given to purchaser--Contents--Execution and recording.

Section
21-48-20

Prior certificates validated despite delay in recording--Rights barred by no action.

Section
21-48-21

Deed given on expiration of time for redemption--Mortgagor entitled to harvest crops planted before issuance of deed.

Section
21-48-22

Validation of prior proceedings on which deed issued--Time allowed for protection of existing rights.

Section
21-48-22.1

Prior foreclosure sales validated despite defects--Rights barred by no action.

Section
21-48-23

Record of foreclosure sale--Affidavits and certificate recorded--Notation by register of deeds.

Section
21-48-24

Affidavits recorded to show compliance with federal acts.

Section
21-48-25

Interest vested in purchaser by recording of instruments.

Section
21-48-26

Foreclosure Of Real Property Mortgage By Advertisement

Checkout our iOS App for a better way to browser and research.

Foreclosure by advertisement available if mortgage contains power of sale.

Recording of mortgage and assignments required before foreclosure.

Default required before foreclosure.

Foreclosure not permitted after action at law to recover debt unless execution returned unsatisfied.

Mortgage for installments deemed separate mortgage for each installment--Effect of redemption by installments.

Publication of notice of foreclosure--Contents of notice.

Written notice of foreclosure sale required--Time--Parties.

Validation of prior foreclosures by receivers and personal representatives--Rights barred by no action.

Continuation of foreclosure proceedings despite changes in county boundaries or status.

Application by mortgagor or other interested party to require foreclosure by action--Injunction against foreclosure by advertisement--Service on mortgagee.

Time and place of sale--Officer making sale.

Postponement of sale--Notice.

Sale by parcels--Sale terminated when sufficient amount raised.

Purchase by mortgagee at sale.

Proof of value required for deficiency judgment after purchase by mortgagee--Other purchasers unaffected--Negotiability of instruments protected.

Costs, disbursements and attorney fees allowed from proceeds of sale.

Surplus proceeds of sale paid to clerk of court--Notice to mortgagor and junior lien holders of deposit of surplus.

Investment of surplus proceeds deposited with clerk.

Cancellation or endorsement of evidence of debt on application of proceeds of sale.

Certificate of sale given to purchaser--Contents--Execution and recording.

Prior certificates validated despite delay in recording--Rights barred by no action.

Deed given on expiration of time for redemption--Mortgagor entitled to harvest crops planted before issuance of deed.

Validation of prior proceedings on which deed issued--Time allowed for protection of existing rights.

Prior foreclosure sales validated despite defects--Rights barred by no action.

Record of foreclosure sale--Affidavits and certificate recorded--Notation by register of deeds.

Affidavits recorded to show compliance with federal acts.

Interest vested in purchaser by recording of instruments.

Validation of sales prior to January 1, 1982--Pending proceedings.