§ 21-49-11 Foreclosure alternatives available on small tracts subject to chapter–Mortgages under earlier law
§ 21-49-12 Clause subjecting mortgage to chapter–Caption required–Mortgagor’s rightto possession of property during redemption period
§ 21-49-13 Provisions includable in mortgage–Satisfaction of notice requirements
§ 21-49-14 Forms of mortgages authorized–Address and description requirements notapplicable
§ 21-49-15 Commencement of foreclosure or satisfaction action–Service of process onnonresident defendant–Required defendants
§ 21-49-16 Service by publication
§ 21-49-17 Joinder of other persons liable–Judgment and enforcement of judgment asagainst mortgagor
§ 21-49-18 Other recovery proceedings to be stated in complaint
§ 21-49-19 Money judgment as precluding foreclosure unless execution remainsunsatisfied
§ 21-49-20 Recovery proceedings not allowed pending foreclosure action
§ 21-49-21 Time for defendant’s answer
§ 21-49-22 Injunction against injury to property–Duration
§ 21-49-23 Judgment rendered for amount due and costs–Sale of property and deliveryto purchaser–Lien priorities
§ 21-49-24 Sale by court-appointed officer–Levy not required
§ 21-49-25 Notice of sale–Contents
§ 21-49-26 Mortgagee may purchase at sale–Bid required
§ 21-49-27 Bid of less than full debt amount–Requirements–Execution for deficiency
§ 21-49-28 Foreclosure as complete satisfaction of debt
§ 21-49-29 Application of sale proceeds
§ 21-49-30 Certificate of sale to purchaser–Contents–Recording–Commencement ofredemption period
§ 21-49-31 Redemption defined
§ 21-49-32 Waste of property restrained during redemption period
§ 21-49-33 Right of judgment debtor and lien holders to redeem
§ 21-49-34 Payments by persons redeeming
§ 21-49-35 Notice of redemption–Form–Recording
§ 21-49-36 Certificate of redemption–Contents
§ 21-49-37 Recording certificate of redemption
§ 21-49-38 Deed issued after short redemption or abandonment period–Maximumperiod
§ 21-49-40 Citation of chapter

Terms Used In South Dakota Codified Laws > Title 21 > Chapter 49 - Short-Term Redemption Mortgages

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2