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South Dakota Laws > Title 44 > Chapter 8 - Real Estate Mortgages

^{Current as of: 2010}

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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 proof--Recording fees
§ 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 purchaser pr
§ 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

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South Dakota Laws > Title 44 > Chapter 8 - Real Estate Mortgages

South Dakota Laws > Title 44 > Chapter 8 - Real Estate Mortgages

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