South Dakota Codified Laws
Chapter 47 - Actions To Foreclose Real Property Mortgages
Section 21-47-22 - Prior certificates validated despite delay in recording--Rights barred by no action.

21-47-22. Prior certificates validated despite delay in recording--Rights barred by no action.
All certificates of mortgage foreclosure sale of real property by action recorded prior to January 1, 1992, and the records of such certificates, are hereby legalized, cured, and validated, and such certificates and the record thereof are made and declared to be in every manner and respect of like force and effect as though such certificates had been recorded within ten days from the date of sale as required by §21-48-19.
If any person has any vested right in any real property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10.

Source: SDC 1939, §65.0304; SL 1992, ch 307, §9.

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.