Chapter 08 - Real Estate Mortgages - South Dakota Statutes
SOUTH DAKOTA STATUTES AND CODES
Chapter 08 - Real Estate Mortgages
Section 44-8-1 - Creation, renewal, or extension of mortgage of real property--Formalities required.
Section 44-8-1.1 - Real property interests subject to mortgage.
Section 44-8-1.2 - After-acquired title of real property mortgagor.
Section 44-8-1.3 - Mortgagor not bound to personal performance.
Section 44-8-1.4 - Mortgage assigned with debt.
Section 44-8-1.5 - Security of mortgage protected against mortgagor's act.
Section 44-8-2 - Power of attorney to execute mortgage of real property must be in writing--Signature,acknowledgment, or proof--Recording.
Section 44-8-3 - Standard form of real estate mortgage.
Section 44-8-4 - Assignment of real estate mortgage--Standard form.
Section 44-8-5 - Satisfaction of real estate mortgage--Standard form.
Section 44-8-6 - Adoption of standard forms--Use of other forms not precluded--Name and post officeaddress of mortgagee or assignee required.
Section 44-8-7 - Real estate mortgages--Prohibited provisions--Exception--Federal land bank mortgages.
Section 44-8-8 - Validation of recorded real estate mortgages containing prohibited provisions--Notice tosubsequent purchasers, encumbrancers or creditors--Rights of good faith purchasers orencumbranc
Section 44-8-9 - Mortgage of real property--Acknowledgment or proof--Certification and recording.
Section 44-8-10 - Record of mortgage--Notice to subsequent purchasers and encumbrancers.
Section 44-8-11 - Instrument intended as mortgage of real property--Recording as mortgage necessary.
Section 44-8-12 - Defeasance, to effect grant absolute on its face, must be recorded.
Section 44-8-13 - Assignment of mortgage on real property--Recording--Acknowledgment or proof--Contents--Record as proof--Recording fees.
Section 44-8-14 - Discharge of recorded mortgage--Certificate of release, contents, recording, fee.
Section 44-8-15 - Mortgages affecting real property--Defective assignments or discharges recorded prior toJuly 1, 1939, legalized--Rights or purchasers or encumbrancers protected--Use asevidence--Righ
Section 44-8-16 - Prior or superior mortgage affecting real property--Failure of mortgagor or successor ininterest to pay installment due--Payment by holder of inferior mortgage--Added to amountdue on
Section 44-8-17 - Real property sold on execution or on mortgage foreclosure--Renewal of insurance bypurchaser--Payments of taxes or assessments by purchaser--Addition to cost ofredemption from sale.
Section 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 bypurchas
Section 44-8-19 - Bond to redeem without paying insurance, taxes or prior liens--Action on bond todetermine validity.
Section 44-8-20 - Deficiency in amount of purchase money mortgage given after June 30, 1933--Nonexistentafter foreclosure of mortgage.
Section 44-8-21 - Mortgage securing note for purchase price of real estate--Nonnegotiability--Enforcementof liability--Endorsement of note.
Sections 44-8-22, 44-8-23 - Rights of payee of note given in payment of purchase price--Deficiency judgment prohibition inapplicable unless note secured by real estate mortgage. Executory contract rem
Section 44-8-24 - Deficiency judgment prohibition inapplicable to purchase money mortgage or notes heldby federal agencies and instrumentalities.
Section 44-8-25 - Deficiency judgment provisions not applicable to outside lenders.
Section 44-8-26 - Collateral real estate mortgages.
Sections 44-8-27, Due-on-sale - clause defined
Section 44-8-28 - Inclusion of due-on-sale clause in mortgage required for enforcement.
Section 44-8-29 - Definition of terms.
Section 44-8-30 - Certificate of release--Conditions.
Section 44-8-31 - Requirements of certificate of release.
Section 44-8-32 - Execution and acknowledgment of certificate of release--Appointment of agent.
Section 44-8-33 - Certificate of release prima facie evidence--Recording.
Section 44-8-34 - Recording certificate of release in multiple counties.
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