South Dakota Codified Laws
Chapter 49 - Short-Term Redemption Mortgages
Section 21-49-19 - Money judgment as precluding foreclosure unless execution remains unsatisfied.

21-49-19. Money judgment as precluding foreclosure unless execution remains unsatisfied.
If it appears that any judgment has been obtained in an action at law for the moneys demanded by such complaint, or any part thereof, no foreclosure proceedings shall be commenced in such case unless an execution against the property of the defendant in such judgment has been issued, and the sheriff or other officer shall have made return that the execution is unsatisfied in whole or in part, and that the defendant has no property other than property mortgaged under this chapter whereon to satisfy such execution.

Source: SL 1977, ch 187, §9.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 49 - Short-Term Redemption Mortgages

Section 21-49-11 - Foreclosure alternatives available on small tracts subject to chapter--Mortgages under earlier law.

Section 21-49-12 - Clause subjecting mortgage to chapter--Caption required--Mortgagor's right to possession of property during redemption period.

Section 21-49-13 - Provisions includable in mortgage--Satisfaction of notice requirements.

Section 21-49-14 - Forms of mortgages authorized--Address and description requirements not applicable.

Section 21-49-15 - Commencement of foreclosure or satisfaction action--Service of process on nonresident defendant--Required defendants.

Section 21-49-16 - Service by publication.