§ 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 officeaddress of mortgagee or assignee required
§ 44-8-7 Real estate mortgages–Prohibited provisions–Exception–Federal land bankmortgages
§ 44-8-8 Validation of recorded real estate mortgages containing prohibited provisions–Noticeto subsequent purchasers, encumbrancers or creditors–Rights of good faithpurchasers or encumbr
§ 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 notice
§ 44-8-14 Discharge of recorded mortgage–Certificate of release, contents, recording, fee
§ 44-8-15 Mortgages affecting real property–Defective assignments or discharges recordedprior to July 1, 1939, legalized–Rights or purchasers or encumbrancers protected–Use as evidence–R
§ 44-8-16 Prior or superior mortgage affecting real property–Failure of mortgagor or successorin interest to pay installment due–Payment by holder of inferior mortgage–Addedto amount due
§ 44-8-17 Real property sold on execution or on mortgage foreclosure–Renewal of insuranceby purchaser–Payments of taxes or assessments by purchaser–Addition to cost ofredemption from sale
§ 44-8-18 Past due installments of interest and principal on superior mortgage affecting realproperty–Payment by holder of inferior mortgage–Insurance, taxes, and assessmentspaid by purcha
§ 44-8-19 Bond to redeem without paying insurance, taxes or prior liens–Action on bond todetermine 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 judgmentprohibition 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 notesheld 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

Terms Used In South Dakota Codified Laws > Title 44 > Chapter 8 - Real Estate 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.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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
  • Grantor: The person who establishes a trust and places property into it.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • 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