There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 21 JUDICIAL REMEDIES
Chapter 48. Foreclosure Of Real Property Mortgage By Advertisement
§21-48-4 Foreclosure not permitted after action at law to recover debt unless execution returned unsatisfied.
SD Codified L § 21-48-4 (through 2011) What's This?
21-48-4. Foreclosure not permitted after action at law to recover debt unless execution returned unsatisfied. To entitle any party to foreclose by advertisement, it shall be necessary that no action or proceeding shall have been instituted at law to recover the debt then remaining secured by such mortgage, or any part thereof; or, if any action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part.
Source: CCivP 1877, § 598, subdiv 2; CL 1887, § 5412, subdiv 2; RCCivP 1903, § 637, subdiv 2; RC 1919, § 2877 (2); SDC 1939 & Supp 1960, § 37.3002 (2).
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