South Dakota Codified Laws
Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement
Section 21-48-19 - Certificate of sale given to purchaser--Contents--Execution and recording.

21-48-19. Certificate of sale given to purchaser--Contents--Execution and recording.
The officer making such real estate mortgage foreclosure sale shall give to the purchaser a certificate of sale, containing:
(1)A recital of the fact of the sale, stating the time and place, and the name of the purchaser;
(2)A particular description of the real property sold;
(3)The price bid for each distinct lot or parcel;
(4)The whole price paid; which certificate must be executed and acknowledged and shall be recorded in the office of the register of deeds where the mortgage is recorded within ten days from the date of sale, and shall have the same validity and effect as a certificate of sale of real property under execution.

Source: CCivP 1877, §606; CL 1887, §5420; RCCivP 1903, §645; SL 1907, ch 189; RC 1919, §2886; SL 1925, ch 222; SDC 1939, §37.3008; SL 1949, ch 141, §1.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement

Section 21-48-1 - Foreclosure by advertisement available if mortgage contains power of sale.

Section 21-48-2 - Recording of mortgage and assignments required before foreclosure.

Section 21-48-3 - Default required before foreclosure.

Section 21-48-4 - Foreclosure not permitted after action at law to recover debt unless execution returned unsatisfied.

Section 21-48-5 - Mortgage for installments deemed separate mortgage for each installment--Effect of redemption by installments.

Section 21-48-6 - Publication of notice of foreclosure--Contents of notice.

Section 21-48-6.1 - Written notice of foreclosure sale required--Time--Parties.

Section 21-48-7 - Validation of prior foreclosures by receivers and personal representatives--Rights barred by no action.

Section 21-48-8 - Continuation of foreclosure proceedings despite changes in county boundaries or status.

Section 21-48-9 - Application by mortgagor or other interested party to require foreclosure by action--Injunction against foreclosure by advertisement--Service on mortgagee.

Section 21-48-10 - Time and place of sale--Officer making sale.

Section 21-48-11 - Postponement of sale--Notice.

Section 21-48-12 - Sale by parcels--Sale terminated when sufficient amount raised.

Section 21-48-13 - Purchase by mortgagee at sale.

Section 21-48-14 - Proof of value required for deficiency judgment after purchase by mortgagee--Other purchasers unaffected--Negotiability of instruments protected.

Section 21-48-15 - Costs, disbursements and attorney fees allowed from proceeds of sale.

Section 21-48-16 - Surplus proceeds of sale paid to clerk of court--Notice to mortgagor and junior lien holders of deposit of surplus.

Section 21-48-17 - Investment of surplus proceeds deposited with clerk.

Section 21-48-18 - Cancellation or endorsement of evidence of debt on application of proceeds of sale.

Section 21-48-19 - Certificate of sale given to purchaser--Contents--Execution and recording.

Section 21-48-20 - Prior certificates validated despite delay in recording--Rights barred by no action.

Section 21-48-21 - Deed given on expiration of time for redemption--Mortgagor entitled to harvest crops planted before issuance of deed.

Section 21-48-22 - Validation of prior proceedings on which deed issued--Time allowed for protection of existing rights.

Section 21-48-22.1 - Prior foreclosure sales validated despite defects--Rights barred by no action.

Section 21-48-23 - Record of foreclosure sale--Affidavits and certificate recorded--Notation by register of deeds.

Section 21-48-24 - Affidavits recorded to show compliance with federal acts.

Section 21-48-25 - Interest vested in purchaser by recording of instruments.

Section 21-48-26 - Validation of sales prior to January 1, 1982--Pending proceedings.