15-2-7. Actions to foreclose real estate mortgages.
Except where, in special cases, a different limitation is prescribed by statute, a civil action for the foreclosure of any real estate mortgage by action or by advertisement can be commenced only within fifteen years after the cause of action shall have accrued, and said period of fifteen years shall not be extended by nonresidence, legal disability, partial payment, or any new promise; provided, however, that the term "new promise" shall not be deemed to embrace an extension of a mortgage duly executed and recorded as contemplated by §15-2-5. This section shall apply to all real estate mortgages, both those heretofore executed and those hereafter executed.
Source: SDC 1939, §33.0232 (2); SL 1945, ch 144; SL 1961, ch 177, §§1, 3; SL 1965, ch 160.
Structure South Dakota Codified Laws
Chapter 02 - Limitation Of Actions Generally
Section 15-2-2 - Application of limitations to actions by or for state--Exceptions.
Section 15-2-3 - Cause of action based on fraud accruing on discovery or notice.
Section 15-2-4 - Accrual of cause of action on open account.
Section 15-2-5 - Accrual of cause of action for mortgage foreclosure.
Section 15-2-6 - Actions on state judgments and sealed instruments.
Section 15-2-7 - Actions to foreclose real estate mortgages.
Section 15-2-12.2 - Product liability actions--Prospective application.
Section 15-2-14.2 - Time for bringing legal malpractice actions--Prospective application.
Section 15-2-14.4 - Time for bringing action against licensed public accountant.
Section 15-2-14.5 - Time for bringing action against veterinarian--Counterclaims.
Section 15-2-15.2 - Time for bringing action under federal civil rights statutes.
Section 15-2-16 - Limitation of actions for recovery of municipal funds unlawfully expended.
Section 15-2-18 - Actions on instruments circulated as money not limited by provisions.
Section 15-2-19 - Actions against bank directors, shareholders, agents, or employees.
Section 15-2-21 - Running of statute against enemy alien during war.
Section 15-2-23 - Disability to have existed when right of action accrued.
Section 15-2-24 - Coexisting disabilities.
Section 15-2-25 - Tolling of statute during injunction or statutory prohibition.
Section 15-2-28 - Mortgage presumed paid after fifteen years--Tolling provisions not applicable.
Section 15-2-30 - Commencement of action by service of summons--Summons on codefendant.
Section 15-2-32 - New action after reversal of judgment on appeal.
Section 15-2-34 - Action for recovery of damages against regional airport authority--Commencement.
Section 15-2-36 - Actions for breach of trust against qualified persons.