South Dakota Codified Laws
Chapter 52 - Redemption From Sale On Execution Or Foreclosure
Section 21-52-8 - Action to redeem separate tract sold in combined sale--Determination of amount required for redemption.

21-52-8. Action to redeem separate tract sold in combined sale--Determination of amount required for redemption.
When the property sold on foreclosure of a mortgage, or upon general or special execution, consists of two or more separate farms, tracts, lots, or parcels of land, which at the time of sale are owned by two or more separate owners, or are subject to separate liens, giving to any person the right to redeem a separate property from the sale, and the property has not been sold separately, either under the provisions of §21-48-12, or otherwise, any person having the right to redeem one or more of the tracts so sold, but less than the whole property sold, may bring an action in the circuit court of the county wherein the lands he seeks to redeem, or a portion of them, are situated, to have a determination of the amount properly to be paid by him to redeem the properties as to which he claims the right of redemption. Such action must be commenced within six months after the date of the sale of the property. In such action there shall be named as defendants the holder of the certificate of sale, the officer making the sale, and the record owners of all the tracts sold at such foreclosure or execution sale.

Source: SL 1949, ch 142, §15; SDC Supp 1960, §37.5615.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 52 - Redemption From Sale On Execution Or Foreclosure

Section 21-52-1 - Redemption defined--Sales subject to redemption.

Section 21-52-2 - Waste restrained during period of redemption--Uses of property not considered waste.

Section 21-52-3 - Estates subject to redemption.

Section 21-52-4 - Foreclosure and execution sales subject to redemption.

Section 21-52-5 - Persons entitled to redeem.

Section 21-52-6 - Distinction between redemptioners abolished.

Section 21-52-7 - Owner's final right of redemption--Time allowed after expiration of other redemption periods.

Section 21-52-8 - Action to redeem separate tract sold in combined sale--Determination of amount required for redemption.

Section 21-52-9 - Redemptioner to redeem entire property.

Section 21-52-10 - Hearing and determination of amount required to redeem separate tract--Certificate of redemption--Credit on price paid at sale.

Section 21-52-11 - Minimum time allowed for redemption--Exception for short-term redemption mortgage.

Section 21-52-12 - Methods of extending time for redemption--Execution and recording of agreement for extension--Redemptioners affected by agreement.

Section 21-52-13 - Extension of redemption period by payment of amounts then due--Certificate of payment--Recording.

Section 21-52-14 - Amounts required for redemption from sale--Superior lien of purchaser included.

Section 21-52-15 - Expenses of annual assessment work on mining claims included in redemption price--Time of performing annual labor.

Section 21-52-16 - Notice of redemption served on purchaser or sheriff--Contents--Payment--Recording of notice.

Section 21-52-17 - Proof of interest not required of party of record.

Section 21-52-18 - Proof of interest required of successor in interest.

Section 21-52-19 - Successive redemptions by junior lien holders.

Section 21-52-20 - Amounts payable to junior lien holders.

Section 21-52-21 - Amounts payable on partial redemptions.

Section 21-52-22 - Successive extensions of time on successive redemptions.

Section 21-52-23 - Time allowed for exercise of owner's final right of redemption.

Section 21-52-24 - Effect of sale terminated on final redemption by owner.

Section 21-52-25 - Certificate of redemption issued by sheriff--Contents of certificate--Statement of amount required for further redemption.

Section 21-52-26 - Certificate of final redemption.

Section 21-52-27 - Recording of certificates of redemption.

Section 21-52-28 - Redemption by cotenant--Other cotenants obligated to contribute.

Section 21-52-29 - Service of notice and demand by cotenant making redemption--Notice of foreclosure by failure to contribute.

Section 21-52-30 - Recording and service of notice by cotenant making redemption--Constructive notice.

Section 21-52-31 - Delivery and recording of certificate to cotenant making contribution.

Section 21-52-32 - Restoration of estate to cotenant making contribution.