South Dakota Codified Laws
Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement
Section 21-54-15 - Sale of abandoned mobile or manufactured home by real property owner--Notice to mobile or manufactured home owner of intent to sell.

21-54-15. Sale of abandoned mobile or manufactured home by real property owner--Notice to mobile or manufactured home owner of intent to sell.
If a mobile home or manufactured home as defined in chapter 32-7A has been abandoned and left on leased real property, the owner of real property may sell the mobile home or manufactured home under the provisions of this chapter. A mobile home or manufactured home is considered abandoned if the owner of the mobile home or manufactured home has not removed the home from the real property owner's land within thirty days of the court issuing a writ of possession as provided in chapter 21-16. Upon issuance of the writ of possession by the court, the owner of real property shall give the owner of the mobile home or manufactured home and any lienholder with a lien properly noted pursuant to chapter 32-3, written notice of intent to sell the home pursuant to this chapter if the home is not removed from the real property owner's property within thirty days. The notice shall be sent to the owner of the mobile home or manufactured home at the owner's last known address. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to prescribe a form for the written notice. Any written notice shall be sent by certified mail. The sale is subject to any taxes owed on the home and unpaid lot rent but such unpaid lot rent lien may not exceed two month's lot rent at the price previously agreed to by the owner of real property and owner of the mobile home or manufactured home.

Source: SL 2007, ch 140, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement

Section 21-54-1 - Remedy available where no other summary procedure provided.

Section 21-54-2 - Pledges foreclosed in manner prescribed by contract--Chapter applicable if procedure not prescribed.

Section 21-54-3 - Owner's affidavit of defense to summary foreclosure--Injunction requiring foreclosure by action--Costs taxed if defense not established.

Section 21-54-4 - Affidavit of lien recorded if lien not previously recorded.

Section 21-54-5 - Notice of sale issued--Contents.

Section 21-54-6 - Service of notice of sale--Mailing, publication and posting.

Section 21-54-7 - Place of sale--Notice of public access.

Section 21-54-8 - Time of sale--Adjournment to following day.

Section 21-54-9 - Sale of property in parts--Order of sale--Termination when sufficient amount raised.

Section 21-54-10 - Sale at auction to highest bidder--Purchase by lien holder.

Section 21-54-11 - Purchaser's title absolute and beyond redemption--Certificate or bill of sale--Evidence sufficient for registration of title.

Section 21-54-12 - Surplus paid to owner or clerk of courts.

Section 21-54-13 - Civil action for deficiency.

Section 21-54-14 - Report of proceedings--Contents and time of filing.

Section 21-54-15 - Sale of abandoned mobile or manufactured home by real property owner--Notice to mobile or manufactured home owner of intent to sell.

Section 21-54-16 - Notice to county treasurer of intent to sell.

Section 21-54-17 - Disposition of abandoned mobile home or manufactured home that fails to sell--Abandoned title.

Section 21-54-18 - Permit to move abandoned mobile home or manufactured home.

Section 21-54-19 - Abatement of taxes owed on abandoned mobile home or manufactured home.

Section 21-54-20 - Voluntary transfer of title to mobile home or manufactured home to real property owner for disposal--Affidavit--Permit--Surrender of title to county treasurer.

Section 21-54-21 - Abatement of taxes on mobile home or manufactured home upon filing of affidavit and surrender of title.