Chapter
REAL ESTATE MORTGAGES
- S.D. Codified Laws § 44-8-1— Creation, renewal, or extension of mortgage of real property--Formalities required
- S.D. Codified Laws § 44-8-1.1— Real property interests subject to mortgage
- S.D. Codified Laws § 44-8-1.2— After-acquired title of real property mortgagor
- S.D. Codified Laws § 44-8-1.3— Mortgagor not bound to personal performance
- S.D. Codified Laws § 44-8-1.4— Mortgage assigned with debt
- S.D. Codified Laws § 44-8-1.5— Security of mortgage protected against mortgagor's act
- S.D. Codified Laws § 44-8-2— Power of attorney to execute mortgage of real property must be in writing--Signature, acknowledgment, or proof--Recording
- S.D. Codified Laws § 44-8-3— Standard form of real estate mortgage
- S.D. Codified Laws § 44-8-4— Assignment of real estate mortgage--Standard form
- S.D. Codified Laws § 44-8-5— Satisfaction of real estate mortgage--Standard form
- S.D. Codified Laws § 44-8-6— Adoption of standard forms--Use of other forms not precluded--Name and post office address of mortgagee or assignee required
- S.D. Codified Laws § 44-8-7— Real estate mortgages--Prohibited provisions--Exception--Federal land bank mortgages
- S.D. Codified Laws § 44-8-8— Validation of recorded real estate mortgages containing prohibited provisions--Notice to subsequent purchasers, encumbrancers or creditors--Rights of good faith purchasers or encumbrancers prior to July 1, 1949--Rights barred by no action
- S.D. Codified Laws § 44-8-9— Mortgage of real property--Acknowledgment or proof--Certification and recording
- S.D. Codified Laws § 44-8-10— Record of mortgage--Notice to subsequent purchasers and encumbrancers
- S.D. Codified Laws § 44-8-11— Instrument intended as mortgage of real property--Recording as mortgage necessary
- S.D. Codified Laws § 44-8-12— Defeasance, to effect grant absolute on its face, must be recorded
- S.D. Codified Laws § 44-8-13— Assignment of mortgage on real property--Recording--Acknowledgment or proof--Contents--Record as notice
- S.D. Codified Laws § 44-8-14— Discharge of recorded mortgage--Certificate of release, contents, recording, fee
- S.D. Codified Laws § 44-8-15— Mortgages affecting real property--Defective assignments or discharges recorded prior to July 1, 1939, legalized--Rights or purchasers or encumbrancers protected--Use as evidence--Rights barred by no action
- S.D. Codified Laws § 44-8-16— Prior or superior mortgage affecting real property--Failure of mortgagor or successor in interest to pay installment due--Payment by holder of inferior mortgage--Added to amount due on mortgage
- S.D. Codified Laws § 44-8-17— Real property sold on execution or on mortgage foreclosure--Renewal of insurance by purchaser--Payments of taxes or assessments by purchaser--Addition to cost of redemption from sale
- S.D. Codified Laws § 44-8-18— Past due installments of interest and principal on superior mortgage affecting real property--Payment by holder of inferior mortgage--Insurance, taxes, and assessments paid by purchaser at sale on execution or mortgage foreclosure--Payment by pu..
- S.D. Codified Laws § 44-8-19— Bond to redeem without paying insurance, taxes or prior liens--Action on bond to determine validity
- S.D. Codified Laws § 44-8-20— Deficiency in amount of purchase money mortgage given after June 30, 1933--Nonexistent after foreclosure of mortgage
- S.D. Codified Laws § 44-8-21— Mortgage securing note for purchase price of real estate--Nonnegotiability--Enforcement of liability--Endorsement of note
- S.D. Codified Laws § 44-8-22— Rights of payee of note given in payment of purchase price--Deficiency judgment prohibition inapplicable unless note secured by real estate mortgage
- S.D. Codified Laws § 44-8-23— Executory contract remedies unaffected by deficiency judgment provisions
- S.D. Codified Laws § 44-8-24— Deficiency judgment prohibition inapplicable to purchase money mortgage or notes held by federal agencies and instrumentalities
- S.D. Codified Laws § 44-8-25— Deficiency judgment provisions not applicable to outside lenders
- S.D. Codified Laws § 44-8-26— Collateral real estate mortgages
- S.D. Codified Laws § 44-8-27— Due-on-sale clause defined
- S.D. Codified Laws § 44-8-28— Inclusion of due-on-sale clause in mortgage required for enforcement
- S.D. Codified Laws § 44-8-29— Definition of terms
- S.D. Codified Laws § 44-8-30— Certificate of release--Conditions
- S.D. Codified Laws § 44-8-31— Requirements of certificate of release
- S.D. Codified Laws § 44-8-32— Execution and acknowledgment of certificate of release--Appointment of agent
- S.D. Codified Laws § 44-8-33— Certificate of release prima facie evidence--Recording
- S.D. Codified Laws § 44-8-34— Recording certificate of release in multiple counties
- S.D. Codified Laws § 44-8-35— Application of certificate of release only to certain mortgages