There is a newer version of the South Dakota Codified Laws
2014 South Dakota Codified Laws
Title 44 - LIENS
Chapter 08 - Real Estate Mortgages
- § 44-8-1 Creation, renewal, or extension of mortgage of real property--Formalities required.
- § 44-8-1.1 Real property interests subject to mortgage.
- § 44-8-1.2 After-acquired title of real property mortgagor.
- § 44-8-1.3 Mortgagor not bound to personal performance.
- § 44-8-1.4 Mortgage assigned with debt.
- § 44-8-1.5 Security of mortgage protected against mortgagor's act.
- § 44-8-2 Power of attorney to execute mortgage of real property must be in writing--Signature,acknowledgment, or proof--Recording.
- § 44-8-3 Standard form of real estate mortgage.
- § 44-8-4 Assignment of real estate mortgage--Standard form.
- § 44-8-5 Satisfaction of real estate mortgage--Standard form.
- § 44-8-6 Adoption of standard forms--Use of other forms not precluded--Name and post officeaddress of mortgagee or assignee required.
- § 44-8-7 Real estate mortgages--Prohibited provisions--Exception--Federal land bankmortgages.
- § 44-8-8 Validation of recorded real estate mortgages containing prohibited provisions--Noticeto subsequent purchasers, encumbrancers or creditors--Rights of good faithpurchasers or encumbrancers prior to July 1, 1949--Rights barred by no action.
- § 44-8-9 Mortgage of real property--Acknowledgment or proof--Certification and recording.
- § 44-8-10 Record of mortgage--Notice to subsequent purchasers and encumbrancers.
- § 44-8-11 Instrument intended as mortgage of real property--Recording as mortgage necessary.
- § 44-8-12 Defeasance, to effect grant absolute on its face, must be recorded.
- § 44-8-13 Assignment of mortgage on real property--Recording--Acknowledgment or proof--Contents--Record as notice.
- § 44-8-14 Discharge of recorded mortgage--Certificate of release, contents, recording, fee.
- § 44-8-15 Mortgages affecting real property--Defective assignments or discharges recordedprior to July 1, 1939, legalized--Rights or purchasers or encumbrancers protected--Use as evidence--Rights barred by no action.
- § 44-8-16 Prior or superior mortgage affecting real property--Failure of mortgagor or successorin interest to pay installment due--Payment by holder of inferior mortgage--Addedto amount due on mortgage.
- § 44-8-17 Real property sold on execution or on mortgage foreclosure--Renewal of insuranceby purchaser--Payments of taxes or assessments by purchaser--Addition to cost ofredemption from sale.
- § 44-8-18 Past due installments of interest and principal on superior mortgage affecting realproperty--Payment by holder of inferior mortgage--Insurance, taxes, and assessmentspaid by purchaser at sale on execution or mortgage foreclosure--Payment bypurchaser prior to redemption--Proof by verified written notice, recording, service,effect.
- § 44-8-19 Bond to redeem without paying insurance, taxes or prior liens--Action on bond todetermine validity.
- § 44-8-20 Deficiency in amount of purchase money mortgage given after June 30, 1933--Nonexistent after foreclosure of mortgage.
- § 44-8-21 Mortgage securing note for purchase price of real estate--Nonnegotiability--Enforcement of liability--Endorsement of note.
- § 44-8-22 Rights of payee of note given in payment of purchase price--Deficiency judgmentprohibition inapplicable unless note secured by real estate mortgage.
- § 44-8-23 Executory contract remedies unaffected by deficiency judgment provisions.
- § 44-8-24 Deficiency judgment prohibition inapplicable to purchase money mortgage or notesheld by federal agencies and instrumentalities.
- § 44-8-25 Deficiency judgment provisions not applicable to outside lenders.
- § 44-8-26 Collateral real estate mortgages.
- § 44-8-27 Due-on-sale clause defined.
- § 44-8-28 Inclusion of due-on-sale clause in mortgage required for enforcement.
- § 44-8-29 Definition of terms.
- § 44-8-30 Certificate of release--Conditions.
- § 44-8-31 Requirements of certificate of release.
- § 44-8-32 Execution and acknowledgment of certificate of release--Appointment of agent.
- § 44-8-33 Certificate of release prima facie evidence--Recording.
- § 44-8-34 Recording certificate of release in multiple counties.
- § 44-8-35 Application of certificate of release only to certain mortgages.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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