21-51-2. Judicial discharge of lien or contract permitted if holder cannot be served in state--Proof required for discharge of contract.
The circuit court for any county in which a mortgage or other lien is filed or recorded or in which any real estate under contract or bond for purchase or sale is located, may, on application of any person having an interest in or lien upon the property affected and notice as hereinafter provided, make an order discharging such contract, bond, mortgage, or lien of record, on proof to the satisfaction of the court that the mortgage or lien has been fully paid or satisfied, and that the mortgagee, assignee, or lien holder is deceased and has no acting representative of his estate in this state or, if a domestic corporation, that it has been dissolved and has no acting officer, trustee, or receiver of its property or, if a foreign corporation that it has not complied with the laws of this state applying to foreign corporations and has no one in this state upon whom service can be made as provided by law.
In the case of real estate subject to a contract or bond for sale or purchase of the same, the proof must show that the conditions prescribed by §21-51-1 exist.
Source: SL 1901, ch 108; RCCivP 1903, §880; SL 1913, ch 272, §1; RC 1919, §3046; SL 1920 (SS), ch 67, §2; SDC 1939 & Supp 1960, §37.0901.
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.