South Dakota

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 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 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 pu...

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.