South Dakota Codified Laws
Chapter 47 - Actions To Foreclose Real Property Mortgages
Section 21-47-20 - Execution for balance unsatisfied by proceeds of sale.

21-47-20. Execution for balance unsatisfied by proceeds of sale.
Subject to the provisions of §§21-47-15 to 21-47-17, inclusive, the court may direct the issuing of an execution for the balance that may remain unsatisfied, after applying the proceeds of such sale.

Source: CCivP 1877, §617; CL 1887, §5431; RCCivP 1903, §656; RC 1919, §2898; SL 1929, ch 178; SDC 1939 & Supp 1960, §37.2911.

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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.