§ 21-47-1 Venue of foreclosure actions–Service outside county on nonresident defendant
§ 21-47-2 Service by publication on nonresident, absent or unknown defendants
§ 21-47-3 Joinder as party defendant of person liable on debt secured–Deficiency judgmentagainst persons liable
§ 21-47-4 Previous actions for collection of debt to be disclosed by complaint
§ 21-47-5 Foreclosure not permitted after money judgment unless execution returnedunsatisfied
§ 21-47-6 Proceedings at law not had while foreclosure action pending
§ 21-47-7 Injunction to restrain injury to property during existence of lien or foreclosure
§ 21-47-8 Dismissal of complaint on payment into court of installments then due
§ 21-47-9 Examination of premises on judgment for plaintiff
§ 21-47-10 Stay of further proceedings on payment before sale of installments then due–Enforcement of judgment on subsequent default
§ 21-47-11 Sale by parcels to pay delinquent installments–Subsequent sales on later default
§ 21-47-12 Sale of entire tract and payment of installments due–Investment and payment ofsubsequent installments to plaintiff–Surplus for benefit of defendant
§ 21-47-13 Judgment of foreclosure and sale of premises–Sale by parcels–Delivery ofpossession deferred during period of redemption
§ 21-47-14 Officer by whom sale made–Place and notice of sale–Levy on execution notrequired
§ 21-47-15 Purchase by mortgagee at sale–Fair and reasonable bid required
§ 21-47-16 Proof required of mortgagee bidding less than amount of debt–Court decreepermitting bid–Execution for deficiency
§ 21-47-17 Foreclosure as complete satisfaction of debt–Exception
§ 21-47-18 Application of proceeds of sale–Investment of unclaimed surplus
§ 21-47-19 Cancellation or endorsement of evidence of debt on application of proceeds of sale
§ 21-47-20 Execution for balance unsatisfied by proceeds of sale
§ 21-47-21 Certificate of sale issued to purchaser
§ 21-47-22 Prior certificates validated despite delay in recording–Rights barred by no action
§ 21-47-23 Redemption procedure
§ 21-47-24 Deed issued on expiration of time for redemption–Persons barred by deed–Mortgagor entitled to harvest crops planted before issuance of deed
§ 21-47-24.1 Lien priority in crops determined by Uniform Commercial Code
§ 21-47-25 Prior foreclosure sales validated despite defects–Rights barred by no action
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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 47 - Actions to Foreclose Real Property Mortgages

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.