21-51-12. Removal of counterfeit lien--Filing of action.
A person who is the purported debtor or obligor or who owns real or personal property or an interest in real or personal property and who has reason to believe that the document purporting to create a lien or a claim against the real or personal property or an interest in the real or personal property previously recorded is counterfeit pursuant to chapter 22-11, may file an action in circuit court pursuant to §20-9-33 or 20-9-34 to have the purported lien removed. The filing of such an action does not bar the injured party from recovering damages as part of the action, in addition to fees, costs, or expenses allowed by those sections.
Source: SL 1998, ch 41, §2; SL 2005, ch 120, §232.
Structure South Dakota Codified Laws
Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts
Section 21-51-3 - Petition or complaint for discharge of record--Contents and allegations required.
Section 21-51-4 - Joinder of two or more applications for discharge.
Section 21-51-5 - Signature and verification of petition or complaint.
Section 21-51-6 - Order fixing time for hearing on petition or complaint--Notice.
Section 21-51-7 - Publication and posting of notice of hearing.
Section 21-51-8 - Proof required on hearing--Objections to relief requested.
Section 21-51-9 - Judgment discharging instrument and record--Contents and effect of judgment.
Section 21-51-10 - Recording of judgment--Effect as discharge.
Section 21-51-11 - Remedy not exclusive.
Section 21-51-12 - Removal of counterfeit lien--Filing of action.
Section 21-51-13 - Counterfeit document--Vacation of judgment.