South Dakota 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 bank mortgages.
- 44-8-8 — Validation of recorded real estate mortgages containing prohibited provisions--Notice tosubsequent purchasers, encumbrancers or creditors--Rights of good faith purchasers orencumbrancers 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 proof--Recording fees.
- 44-8-14 — Discharge of recorded mortgage--Certificate of release, contents, recording, fee.
- 44-8-15 — Mortgages affecting real property--Defective assignments or discharges recorded prior toJuly 1, 1939, legalized--Rights or purchasers or encumbrancers protected--Use asevidence--Rights barred by no action.
- 44-8-16 — Prior or superior mortgage affecting real property--Failure of mortgagor or successor ininterest to pay installment due--Payment by holder of inferior mortgage--Added to amountdue on mortgage.
- 44-8-17 — Real property sold on execution or on mortgage foreclosure--Renewal of insurance bypurchaser--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 real property--Payment by holder of inferior mortgage--Insurance, taxes, and assessments paid bypurchaser at sale on execution or mortgage foreclosure--Payment by purchaser prior toredemption--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--Nonexistentafter foreclosure of mortgage.
- 44-8-21 — Mortgage securing note for purchase price of real estate--Nonnegotiability--Enforcementof 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 notes heldby 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.