The person desiring to foreclose such lien, shall issue a notice of sale, signed by himself, agent, or attorney, and stating:

(1) The names and addresses of the owner of the property and of all lien claimants, as shown by the files of the register of deeds of the county where the foreclosure is to be conducted and also those otherwise known to the lien claimant;

Terms Used In South Dakota Codified Laws 21-54-5

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2

(2) A description of the property sufficient for identification of it;

(3) The location of the property;

(4) Statement of the grounds on which the lien is claimed, and reference to its filing in the office of register of deeds;

(5) The nature of the default under which foreclosure is sought;

(6) The amount claimed to be due at the date of the notice;

(7) The time and place of sale.

Source: Supreme Court Rule 593, 1939; SDC 1939 & Supp 1960, § 37.3405.