2012 South Dakota Codified Laws
Title 15 CIVIL PROCEDURE
Chapter 02. Limitation Of Actions Generally
§15-2-7 Actions to foreclose real estate mortgages.


SD Codified L § 15-2-7 (through 2012) What's This?


15-2-7. Actions to foreclose real estate mortgages. Except where, in special cases, a different limitation is prescribed by statute, a civil action for the foreclosure of any real estate mortgage by action or by advertisement can be commenced only within fifteen years after the cause of action shall have accrued, and said period of fifteen years shall not be extended by nonresidence, legal disability, partial payment, or any new promise; provided, however, that the term "new promise" shall not be deemed to embrace an extension of a mortgage duly executed and recorded as contemplated by § 15-2-5. This section shall apply to all real estate mortgages, both those heretofore executed and those hereafter executed.

Source: SDC 1939, § 33.0232 (2); SL 1945, ch 144; SL 1961, ch 177, §§ 1, 3; SL 1965, ch 160.

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