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South Dakota Codified Laws
Title 21
Chapter 21-48
S.D. Codified Laws ch. 21-48
Foreclosure of Real Property Mortgage by Advertisement
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21-48-1
Foreclosure by advertisement available if mortgage contains power of sale.
21-48-2
Recording of mortgage and assignments required before foreclosure.
21-48-3
Default required before foreclosure.
21-48-4
Foreclosure not permitted after action at law to recover debt unless execution returned unsatisfied.
21-48-5
Mortgage for installments deemed separate mortgage for each installment--Effect of redemption by installments.
21-48-6
Publication of notice of foreclosure--Contents of notice.
21-48-6.1
Written notice of foreclosure sale required--Time--Parties.
21-48-7
Validation of prior foreclosures by receivers and personal representatives--Rights barred by no action.
21-48-8
Continuation of foreclosure proceedings despite changes in county boundaries or status.
21-48-9
Application by mortgagor or other interested party to require foreclosure by action--Injunction against foreclosure by advertisement--Service on mortgagee.
21-48-10
Time and place of sale--Officer making sale.
21-48-11
Postponement of sale--Notice.
21-48-12
Sale by parcels--Sale terminated when sufficient amount raised.
21-48-13
Purchase by mortgagee at sale.
21-48-14
Proof of value required for deficiency judgment after purchase by mortgagee--Other purchasers unaffected--Negotiability of instruments protected.
21-48-15
Costs, disbursements and attorney fees allowed from proceeds of sale.
21-48-16
Surplus proceeds of sale paid to clerk of court--Notice to mortgagor and junior lien holders of deposit of surplus.
21-48-17
Investment of surplus proceeds deposited with clerk.
21-48-18
Cancellation or endorsement of evidence of debt on application of proceeds of sale.
21-48-19
Certificate of sale given to purchaser--Contents--Execution and recording.
21-48-20
Prior certificates validated despite delay in recording--Rights barred by no action.
21-48-21
Deed given on expiration of time for redemption--Mortgagor entitled to harvest crops planted before issuance of deed.
21-48-22
Validation of prior proceedings on which deed issued--Time allowed for protection of existing rights.
21-48-22.1
Prior foreclosure sales validated despite defects--Rights barred by no action.
21-48-23
Record of foreclosure sale--Affidavits and certificate recorded--Notation by register of deeds.
21-48-24
Affidavits recorded to show compliance with federal acts.
21-48-25
Interest vested in purchaser by recording of instruments.
21-48-26
Validation of sales prior to January 1, 1982--Pending proceedings.