To entitle any party to foreclose by advertisement, it shall be necessary that no action or proceeding shall have been instituted at law to recover the debt then remaining secured by such mortgage, or any part thereof; or, if any action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part.
S.D. Codified Laws § 21-48-4
Foreclosure not permitted after action at law to recover debt unless execution returned unsatisfied
Applied in 1 court decision — leading case PLAINS COMMERCE BANK, INC. v. BECK (2023)
Most recently applied in PLAINS COMMERCE BANK, INC. v. BECK (February 2023)
Source: CCivP 1877, § 598, subdiv 2; CL 1887, § 5412, subdiv 2; RCCivP 1903, § 637, subdiv 2; RC 1919, § 2877 (2); SDC 1939 & Supp 1960, § 37.3002 (2).
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.