21-47-14. Officer by whom sale made--Place and notice of sale--Levy on execution not required.
All sales of mortgaged premises under an order and decree of foreclosure must be made by a referee, sheriff, or his deputy, of the county where the court in which the judgment is rendered is held, or other person appointed by the court for that purpose, and must be made in the county where the premises, or some part of them, are situated, and shall be made upon like notice and in the same manner as provided by law for the sale of real property upon execution. No levy on mortgaged real estate under the execution, however, shall be required and the officer may proceed to advertise and sell it upon receipt of the execution without further proceedings.
Source: CCivP 1877, §622; CL 1887, §5436; RCCivP 1903, §661; RC 1919, §2903; Supreme Court Rule 592, 1939; SDC 1939 & Supp 1960, §37.2912.
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.