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

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

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44-8-2. Power of attorney to execute mortgage of real property must be in writing--Signature, acknowledgment, or proof--Recording.

A power of attorney to execute a mortgage must be in writing, subscribed, acknowledged, proved, or certified and recorded in like manner as powers of attorney for grants of real property.

Source: CivC 1877, §1730; CL 1887, §4355; RCivC 1903, §2051; RC 1919, §1555; SDC 1939, §39.0211.


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