§ 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 executionreturned unsatisfied
§ 21-48-5 Mortgage for installments deemed separate mortgage for each installment–Effect ofredemption 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–Rightsbarred by no action
§ 21-48-8 Continuation of foreclosure proceedings despite changes in county boundaries orstatus
§ 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–Otherpurchasers 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 lienholders 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 cropsplanted before issuance of deed
§ 21-48-22 Validation of prior proceedings on which deed issued–Time allowed for protectionof 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 registerof 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
contract signature

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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 48 - Foreclosure of Real Property Mortgage by Advertisement

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2