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S.D. Codified Laws § 21-47-3

Joinder as party defendant of person liable on debt secured--Deficiency judgment against persons liable

Applied in 2 court decisions — leading case Phipps v. First Federal Savings & Loan Ass'n of Beresford (1989)

Most recently applied in VanGorp v. Sieff (April 2001)

Source: CCivP 1877, § 619; CL 1887, § 5433; RCCivP 1903, § 658; RC 1919, § 2900; SDC 1939 & Supp 1960, § 37.2902.

If the mortgage debt be secured by the obligation, or other evidence of debt, of any other person than the mortgagor, the plaintiff may make such other person a party to the action, and the court may render judgment for the balance of such debt remaining unsatisfied, after a sale of the mortgaged premises, as well against such other person as against the mortgagor, and may enforce such judgment as in other cases by execution or other process.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.