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South Dakota Codified Laws
Title 44
Chapter 44-8
S.D. Codified Laws ch. 44-8
Real Estate Mortgages
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44-8-1
Creation, renewal, or extension of mortgage of real property--Formalities required.
44-8-1.1
Real property interests subject to mortgage.
44-8-1.2
After-acquired title of real property mortgagor.
44-8-1.3
Mortgagor not bound to personal performance.
44-8-1.4
Mortgage assigned with debt.
44-8-1.5
Security of mortgage protected against mortgagor's act.
44-8-2
Power of attorney to execute mortgage of real property must be in writing--Signature, acknowledgment, or proof--Recording.
44-8-3
Standard form of real estate mortgage.
44-8-4
Assignment of real estate mortgage--Standard form.
44-8-5
Satisfaction of real estate mortgage--Standard form.
44-8-6
Adoption of standard forms--Use of other forms not precluded--Name and post office address of mortgagee or assignee required.
44-8-7
Real estate mortgages--Prohibited provisions--Exception--Federal land bank mortgages.
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.
44-8-9
Mortgage of real property--Acknowledgment or proof--Certification and recording.
44-8-10
Record of mortgage--Notice to subsequent purchasers and encumbrancers.
44-8-11
Instrument intended as mortgage of real property--Recording as mortgage necessary.
44-8-12
Defeasance, to effect grant absolute on its face, must be recorded.
44-8-13
Assignment of mortgage on real property--Recording--Acknowledgment or proof--Contents--Record as notice.
44-8-14
Discharge of recorded mortgage--Certificate of release, contents, recording, fee.
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.
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.
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.
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...
44-8-19
Bond to redeem without paying insurance, taxes or prior liens--Action on bond to determine validity.
44-8-20
Deficiency in amount of purchase money mortgage given after June 30, 1933--Nonexistent after foreclosure of mortgage.
44-8-21
Mortgage securing note for purchase price of real estate--Nonnegotiability--Enforcement of liability--Endorsement of note.
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.
44-8-23
Executory contract remedies unaffected by deficiency judgment provisions.
44-8-24
Deficiency judgment prohibition inapplicable to purchase money mortgage or notes held by federal agencies and instrumentalities.
44-8-25
Deficiency judgment provisions not applicable to outside lenders.
44-8-26
Collateral real estate mortgages.
44-8-27
Due-on-sale clause defined.
44-8-28
Inclusion of due-on-sale clause in mortgage required for enforcement.
44-8-29
Definition of terms.
44-8-30
Certificate of release--Conditions.
44-8-31
Requirements of certificate of release.
44-8-32
Execution and acknowledgment of certificate of release--Appointment of agent.
44-8-33
Certificate of release prima facie evidence--Recording.
44-8-34
Recording certificate of release in multiple counties.
44-8-35
Application of certificate of release only to certain mortgages.