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State Codes and Statutes

State Codes and Statutes

Statutes > South-dakota > Title-44 > Chapter-08

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.