21-47-13. Judgment of foreclosure and sale of premises--Sale by parcels--Delivery of possession deferred during period of redemption.
Whenever an action shall be brought for the foreclosure or satisfaction of a mortgage, the court shall have power to render a judgment against the mortgagor for the amount of the mortgage debt due at the time of the rendition of such judgment, and the costs of the action, and to order and decree a sale of the mortgaged premises, or such part thereof as may be sufficient to pay the amount adjudged to be due, and costs of sale, and shall have power to direct in what parcels the premises shall be offered, and the order in which they shall be offered and further to direct that if there be no bid for any parcel or parcels offered, such parcel or parcels may be sold with any other parcel not yet sold, in one parcel; and shall have power to order and compel the delivery of the possession of the premises to the purchaser; but in no case under this chapter shall the possession of the premises so sold be delivered to the purchaser or person entitled thereto, until after the expiration of the period of redemption.
Source: CCivP 1877, §617; CL 1887, §5431; RCCivP 1903, §656; RC 1919, §2898; SL 1929, ch 178; SDC 1939 & Supp 1960, §37.2911.
Structure South Dakota Codified Laws
Chapter 47 - Actions To Foreclose Real Property Mortgages
Section 21-47-1 - Venue of foreclosure actions--Service outside county on nonresident defendant.
Section 21-47-2 - Service by publication on nonresident, absent or unknown defendants.
Section 21-47-4 - Previous actions for collection of debt to be disclosed by complaint.
Section 21-47-6 - Proceedings at law not had while foreclosure action pending.
Section 21-47-7 - Injunction to restrain injury to property during existence of lien or foreclosure.
Section 21-47-8 - Dismissal of complaint on payment into court of installments then due.
Section 21-47-9 - Examination of premises on judgment for plaintiff.
Section 21-47-15 - Purchase by mortgagee at sale--Fair and reasonable bid required.
Section 21-47-17 - Foreclosure as complete satisfaction of debt--Exception.
Section 21-47-18 - Application of proceeds of sale--Investment of unclaimed surplus.
Section 21-47-20 - Execution for balance unsatisfied by proceeds of sale.
Section 21-47-21 - Certificate of sale issued to purchaser.
Section 21-47-23 - Redemption procedure.
Section 21-47-24.1 - Lien priority in crops determined by Uniform Commercial Code.
Section 21-47-25 - Prior foreclosure sales validated despite defects--Rights barred by no action.