S.D. Codified Laws ch. 44-8 – Real Estate Mortgages | Midpage

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South Dakota Codified Laws

Chapter 44-8

S.D. Codified Laws ch. 44-8

Real Estate Mortgages

44-8-1Creation, renewal, or extension of mortgage of real property--Formalities required.44-8-1.1Real property interests subject to mortgage.44-8-1.2After-acquired title of real property mortgagor.44-8-1.3Mortgagor not bound to personal performance.44-8-1.4Mortgage assigned with debt.44-8-1.5Security of mortgage protected against mortgagor's act.44-8-2Power of attorney to execute mortgage of real property must be in writing--Signature, acknowledgment, or proof--Recording.44-8-3Standard form of real estate mortgage.44-8-4Assignment of real estate mortgage--Standard form.44-8-5Satisfaction of real estate mortgage--Standard form.44-8-6Adoption of standard forms--Use of other forms not precluded--Name and post office address of mortgagee or assignee required.44-8-7Real estate mortgages--Prohibited provisions--Exception--Federal land bank mortgages.44-8-8Validation 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.44-8-9Mortgage of real property--Acknowledgment or proof--Certification and recording.44-8-10Record of mortgage--Notice to subsequent purchasers and encumbrancers.44-8-11Instrument intended as mortgage of real property--Recording as mortgage necessary.44-8-12Defeasance, to effect grant absolute on its face, must be recorded.44-8-13Assignment of mortgage on real property--Recording--Acknowledgment or proof--Contents--Record as notice.44-8-14Discharge of recorded mortgage--Certificate of release, contents, recording, fee.44-8-15Mortgages 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.44-8-16Prior 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.44-8-17Real 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.44-8-18Past 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...44-8-19Bond to redeem without paying insurance, taxes or prior liens--Action on bond to determine validity.44-8-20Deficiency in amount of purchase money mortgage given after June 30, 1933--Nonexistent after foreclosure of mortgage.44-8-21Mortgage securing note for purchase price of real estate--Nonnegotiability--Enforcement of liability--Endorsement of note.44-8-22Rights of payee of note given in payment of purchase price--Deficiency judgment prohibition inapplicable unless note secured by real estate mortgage.44-8-23Executory contract remedies unaffected by deficiency judgment provisions.44-8-24Deficiency judgment prohibition inapplicable to purchase money mortgage or notes held by federal agencies and instrumentalities.44-8-25Deficiency judgment provisions not applicable to outside lenders.44-8-26Collateral real estate mortgages.44-8-27Due-on-sale clause defined.44-8-28Inclusion of due-on-sale clause in mortgage required for enforcement.44-8-29Definition of terms.44-8-30Certificate of release--Conditions.44-8-31Requirements of certificate of release.44-8-32Execution and acknowledgment of certificate of release--Appointment of agent.44-8-33Certificate of release prima facie evidence--Recording.44-8-34Recording certificate of release in multiple counties.44-8-35Application of certificate of release only to certain mortgages.