A mortgage of real property can be created, renewed, or extended only by writing, executed with the formalities required in the case of a grant of real property.
S.D. Codified Laws § 44-8-1
Creation, renewal, or extension of mortgage of real property--Formalities required
Applied in 3 court decisions — leading case In Re Ward (1984)
Most recently applied in Northstream Investments, Inc. v. 1804 Country Store Co. (May 2005)
Source: CivC 1877, § 1722; CL 1887, § 4346; RCivC 1903, § 2042; RC 1919, § 1547; SDC 1939, § 39.0201.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.