Any mortgage containing the following statement in printed or typed capital letters: "THE PARTIES AGREE THAT THE PROVISIONS OF THE ONE HUNDRED EIGHTY DAY REDEMPTION MORTGAGE ACT GOVERN THIS MORTGAGE," shall be subject to the provisions of this chapter. Any mortgage executed under this chapter shall be entitled in printed or typed capital letters: "MORTGAGE--ONE HUNDRED EIGHTY DAY REDEMPTION." No mortgage made pursuant to this chapter shall contain any provisions whereby the mortgagor is denied the right to possession of the mortgaged property during the redemption period as provided in this chapter.
S.D. Codified Laws § 21-49-12
Clause subjecting mortgage to chapter--Caption required--Mortgagor's right to possession of property during redemption period
Known as the One Hundred Eighty Day Redemption Mortgage Act
The act spans §§ 21–21 (31 sections).
Applied in 2 court decisions — leading case Larsen v. Metropolitan Life Insurance (In Re Larsen) (1990)
Most recently applied in VanGorp v. Sieff (April 2001)
Source: SL 1963, ch 236, § 5; SDCL, § 21-49-2; SL 1977, ch 187, § 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.