21-48-22.1. Prior foreclosure sales validated despite defects--Rights barred by no action.
All mortgage foreclosure sales of real property by advertisement, under power of sale contained in such mortgages, made before January 1, 1992, the sheriff's deed thereof having been executed and delivered to the purchaser of such real property before January 1, 1975, notwithstanding any defect of notice, acknowledgment of any instrument or the recording thereof, or any other defect in the proceeding, are hereby cured, legalized, and validated as fully as if such foreclosure proceedings had been made in full compliance with all existing statutes or laws.
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: SL 1975, ch 167; SL 1992, ch 307, ยง13.
Structure South Dakota Codified Laws
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 21-48-6 - Publication of notice of foreclosure--Contents of notice.
Section 21-48-6.1 - Written notice of foreclosure sale required--Time--Parties.
Section 21-48-10 - 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 21-48-15 - Costs, disbursements and attorney fees allowed from proceeds of sale.
Section 21-48-17 - Investment of surplus proceeds deposited with clerk.
Section 21-48-19 - Certificate of sale given to purchaser--Contents--Execution and recording.
Section 21-48-22.1 - Prior foreclosure sales validated despite defects--Rights barred by no action.
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.