South Dakota Codified Laws
Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement
Section 21-54-5 - Notice of sale issued--Contents.

21-54-5. Notice of sale issued--Contents.
The person desiring to foreclose such lien, shall issue a notice of sale, signed by himself, agent, or attorney, and stating:
(1)The names and addresses of the owner of the property and of all lien claimants, as shown by the files of the register of deeds of the county where the foreclosure is to be conducted and also those otherwise known to the lien claimant;
(2)A description of the property sufficient for identification of it;
(3)The location of the property;
(4)Statement of the grounds on which the lien is claimed, and reference to its filing in the office of register of deeds;
(5)The nature of the default under which foreclosure is sought;
(6)The amount claimed to be due at the date of the notice;
(7)The time and place of sale.

Source: Supreme Court Rule 593, 1939; SDC 1939 & Supp 1960, ยง37.3405.

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.