2014 South Dakota Codified Laws
Title 44 - LIENS
Chapter 08 - Real Estate Mortgages
§ 44-8-32 Execution and acknowledgment of certificate of release--Appointment of agent.

44-8-32. Execution and acknowledgment of certificate of release--Appointment of agent. A certificate of release authorized by § 44-8-30 shall be executed and acknowledged as required by law in the case of a deed pursuant to § 43-25-5 and may be executed by a duly appointed agent of a title insurance company, but such delegation to an agent by a title insurance company does not relieve the title insurance company of any liability for damages caused by its agent for the wrongful or erroneous execution of a certificate of release. The appointment of agent shall be executed and acknowledged as required by law in the case of a deed pursuant to § 43-25-5 and shall state:

(1) Title insurance company as the grantor;

(2) The identity of the person, partnership, or corporation authorized to act as agent to execute and record certificates of release provided for in §§ 44-8-30 to 44-8-35, inclusive, on behalf of the title insurance company;

(3) That the agent has the full authority to execute and record certificates of release provided for in §§ 44-8-30 to 44-8-35, inclusive, on behalf of the title insurance company;

(4) The term of appointment of the agent; and

(5) That the agent has consented to and accepts the terms of the appointment.

A single appointment of agent may be recorded in each county in the register of deed's office. A separate appointment of agent is not necessary for each certificate of release. The appointment of agent shall be shown on each certificate of release. The appointment of agent may be rerecorded if necessary to establish authority of the agent, but such authority continues until a revocation of appointment is recorded in the office of the county register of deeds where the appointment of agent was recorded.

Source: SL 1997, ch 251, § 4.