South Dakota Codified Laws
Chapter 47 - Actions To Foreclose Real Property Mortgages
Section 21-47-2 - Service by publication on nonresident, absent or unknown defendants.

21-47-2. Service by publication on nonresident, absent or unknown defendants.
If the defendant be a nonresident of the state, or absent or concealed or if he be a resident of the state and after due diligence cannot be found in the state, service may be made by publication in the manner prescribed by statute or rule of court in ordinary civil actions but no additional lien on or seizure of property other than that contained in the mortgage or resulting from commencing foreclosure thereof shall be necessary to obtain jurisdiction of the persons served with process by publication. If the mortgagor or any other proper party defendant is deceased, service upon unknown heirs, devisees, legatees, personal representatives, creditors, and other unknown persons, who might have a right of redemption from the mortgage, may be made by publication, as provided by §15-9-9.

Source: CCivP 1877, §616; CL 1887, §5430; RCCivP 1903, §655; RC 1919, §2897; SDC 1939, §37.2901; SL 1943, ch 139; SL 1995, ch 167, §188.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

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 21-47-3 - Joinder as party defendant of person liable on debt secured--Deficiency judgment against persons liable.

Section 21-47-4 - Previous actions for collection of debt to be disclosed by complaint.

Section 21-47-5 - Foreclosure not permitted after money judgment unless execution returned unsatisfied.

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 21-47-10 - Stay of further proceedings on payment before sale of installments then due--Enforcement of judgment on subsequent default.

Section 21-47-11 - Sale by parcels to pay delinquent installments--Subsequent sales on later default.

Section 21-47-12 - Sale of entire tract and payment of installments due--Investment and payment of subsequent installments to plaintiff--Surplus for benefit of defendant.

Section 21-47-13 - Judgment of foreclosure and sale of premises--Sale by parcels--Delivery of possession deferred during period of redemption.

Section 21-47-14 - Officer by whom sale made--Place and notice of sale--Levy on execution not required.

Section 21-47-15 - Purchase by mortgagee at sale--Fair and reasonable bid required.

Section 21-47-16 - Proof required of mortgagee bidding less than amount of debt--Court decree permitting bid--Execution for deficiency.

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 21-47-19 - Cancellation or endorsement of evidence of debt on application of proceeds of sale.

Section 21-47-20 - Execution for balance unsatisfied by proceeds of sale.

Section 21-47-21 - Certificate of sale issued to purchaser.

Section 21-47-22 - Prior certificates validated despite delay in recording--Rights barred by no action.

Section 21-47-23 - Redemption procedure.

Section 21-47-24 - Deed issued on expiration of time for redemption--Persons barred by deed--Mortgagor entitled to harvest crops planted before issuance of deed.

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.