21-48-6. Publication of notice of foreclosure--Contents of notice.
Notice that such mortgage will be foreclosed by sale of the mortgaged premises, or some part of them, shall be given, by publishing the notice at least once each week for four successive weeks in a legal newspaper of the county where the premises intended to be sold, or some of them, are situated, if there be one in the county, and if not, in the nearest newspaper in the state. Every notice shall specify:
(1)The names of the mortgagor and mortgagee, and the assignee, if any;
(2)The date of the mortgage;
(3)The amount claimed to be due on the mortgage at the date of the notice;
(4)A description of the mortgaged premises, conforming substantially to that contained in the mortgage;
(5)The time and place of sale;
(6)A description of the default;
(7)That the mortgagor can apply for foreclosure by action pursuant to §21-48-9;
(8)The name and address of all persons claiming a lien, encumbrance, or other recorded ownership interest in the property.
Source: CCivP 1877, §§600, 601; CL 1887, §§5414, 5415; RCCivP 1903, §§639, 640; RC 1919, §§2879, 2880; SL 1929, ch 177; SL 1931, ch 178; SDC 1939 & Supp 1960, §37.3004; SL 2002, ch 101, §1.
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.