2011 South Dakota Code
Title 21 JUDICIAL REMEDIES
Chapter 48. Foreclosure Of Real Property Mortgage By Advertisement
- §21-48-1 Foreclosure by advertisement available if mortgage contains power of sale.
- §21-48-2 Recording of mortgage and assignments required before foreclosure.
- §21-48-3 Default required before foreclosure.
- §21-48-4 Foreclosure not permitted after action at law to recover debt unless execution returned unsatisfied.
- §21-48-5 Mortgage for installments deemed separate mortgage for each installment--Effect of redemption by installments.
- §21-48-6 Publication of notice of foreclosure--Contents of notice.
- §21-48-6.1 Written notice of foreclosure sale required--Time--Parties.
- §21-48-7 Validation of prior foreclosures by receivers and personal representatives--Rights barred by no action.
- §21-48-8 Continuation of foreclosure proceedings despite changes in county boundaries or status.
- §21-48-9 Application by mortgagor or other interested party to require foreclosure by action--Injunction against foreclosure by advertisement--Service on mortgagee.
- §21-48-10 Time and place of sale--Officer making sale.
- §21-48-11 Postponement of sale--Notice.
- §21-48-12 Sale by parcels--Sale terminated when sufficient amount raised.
- §21-48-13 Purchase by mortgagee at sale.
- §21-48-14 Proof of value required for deficiency judgment after purchase by mortgagee--Other purchasers unaffected--Negotiability of instruments protected.
- §21-48-15 Costs, disbursements and attorney fees allowed from proceeds of sale.
- §21-48-16 Surplus proceeds of sale paid to clerk of court--Notice to mortgagor and junior lien holders of deposit of surplus.
- §21-48-17 Investment of surplus proceeds deposited with clerk.
- §21-48-18 Cancellation or endorsement of evidence of debt on application of proceeds of sale.
- §21-48-19 Certificate of sale given to purchaser--Contents--Execution and recording.
- §21-48-20 Prior certificates validated despite delay in recording--Rights barred by no action.
- §21-48-21 Deed given on expiration of time for redemption--Mortgagor entitled to harvest crops planted before issuance of deed.
- §21-48-22 Validation of prior proceedings on which deed issued--Time allowed for protection of existing rights.
- §21-48-22.1 Prior foreclosure sales validated despite defects--Rights barred by no action.
- §21-48-23 Record of foreclosure sale--Affidavits and certificate recorded--Notation by register of deeds.
- §21-48-24 Affidavits recorded to show compliance with federal acts.
- §21-48-25 Interest vested in purchaser by recording of instruments.
- §21-48-26 Validation of sales prior to January 1, 1982--Pending proceedings.
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