South Dakota Codified Laws
Chapter 08 - Real Estate Mortgages
Section 44-8-1 - Creation, renewal, or extension of mortgage of real property--Formalities required.

44-8-1. Creation, renewal, or extension of mortgage of real property--Formalities required.
A mortgage of real property can be created, renewed, or extended only by writing, executed with the formalities required in the case of a grant of real property.

Source: CivC 1877, §1722; CL 1887, §4346; RCivC 1903, §2042; RC 1919, §1547; SDC 1939, §39.0201.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 44 - Liens

Chapter 08 - Real Estate Mortgages

Section 44-8-1 - Creation, renewal, or extension of mortgage of real property--Formalities required.

Section 44-8-1.1 - Real property interests subject to mortgage.

Section 44-8-1.2 - After-acquired title of real property mortgagor.

Section 44-8-1.3 - Mortgagor not bound to personal performance.

Section 44-8-1.4 - Mortgage assigned with debt.

Section 44-8-1.5 - Security of mortgage protected against mortgagor's act.

Section 44-8-2 - Power of attorney to execute mortgage of real property must be in writing--Signature, acknowledgment, or proof--Recording.

Section 44-8-3 - Standard form of real estate mortgage.

Section 44-8-4 - Assignment of real estate mortgage--Standard form.

Section 44-8-5 - Satisfaction of real estate mortgage--Standard form.

Section 44-8-6 - Adoption of standard forms--Use of other forms not precluded--Name and post office address of mortgagee or assignee required.

Section 44-8-7 - Real estate mortgages--Prohibited provisions--Exception--Federal land bank mortgages.

Section 44-8-8 - Validation of recorded real estate mortgages containing prohibited provisions--Notice to subsequent purchasers, encumbrancers or creditors--Rights of good faith purchasers or encumbrancers prior to July 1, 1949--Rights barred by no a...

Section 44-8-9 - Mortgage of real property--Acknowledgment or proof--Certification and recording.

Section 44-8-10 - Record of mortgage--Notice to subsequent purchasers and encumbrancers.

Section 44-8-11 - Instrument intended as mortgage of real property--Recording as mortgage necessary.

Section 44-8-12 - Defeasance, to effect grant absolute on its face, must be recorded.

Section 44-8-13 - Assignment of mortgage on real property--Recording--Acknowledgment or proof--Contents--Record as notice.

Section 44-8-14 - Discharge of recorded mortgage--Certificate of release, contents, recording, fee.

Section 44-8-15 - Mortgages affecting real property--Defective assignments or discharges recorded prior to July 1, 1939, legalized--Rights or purchasers or encumbrancers protected--Use as evidence--Rights barred by no action.

Section 44-8-16 - Prior or superior mortgage affecting real property--Failure of mortgagor or successor in interest to pay installment due--Payment by holder of inferior mortgage--Added to amount due on mortgage.

Section 44-8-17 - Real property sold on execution or on mortgage foreclosure--Renewal of insurance by purchaser--Payments of taxes or assessments by purchaser--Addition to cost of redemption from sale.

Section 44-8-18 - Past due installments of interest and principal on superior mortgage affecting real property--Payment by holder of inferior mortgage--Insurance, taxes, and assessments paid by purchaser at sale on execution or mortgage foreclosure--...

Section 44-8-19 - Bond to redeem without paying insurance, taxes or prior liens--Action on bond to determine validity.

Section 44-8-20 - Deficiency in amount of purchase money mortgage given after June 30, 1933--Nonexistent after foreclosure of mortgage.

Section 44-8-21 - Mortgage securing note for purchase price of real estate--Nonnegotiability--Enforcement of liability--Endorsement of note.

Section 44-8-22 - Rights of payee of note given in payment of purchase price--Deficiency judgment prohibition inapplicable unless note secured by real estate mortgage.

Section 44-8-23 - Executory contract remedies unaffected by deficiency judgment provisions.

Section 44-8-24 - Deficiency judgment prohibition inapplicable to purchase money mortgage or notes held by federal agencies and instrumentalities.

Section 44-8-25 - Deficiency judgment provisions not applicable to outside lenders.

Section 44-8-26 - Collateral real estate mortgages.

Section 44-8-27 - Due-on-sale clause defined.

Section 44-8-28 - Inclusion of due-on-sale clause in mortgage required for enforcement.

Section 44-8-29 - Definition of terms.

Section 44-8-30 - Certificate of release--Conditions.

Section 44-8-31 - Requirements of certificate of release.

Section 44-8-32 - Execution and acknowledgment of certificate of release--Appointment of agent.

Section 44-8-33 - Certificate of release prima facie evidence--Recording.

Section 44-8-34 - Recording certificate of release in multiple counties.

Section 44-8-35 - Application of certificate of release only to certain mortgages.