44-8-29. Definition of terms.
Terms used in §§44-8-30 to 44-8-35, inclusive, mean:
(1)"Mortgage," a mortgage or mortgage lien on an interest in real property in this state given to secure a loan;
(2)"Mortgagee," the grantee of a mortgage or, if a mortgage has been assigned of record, the last person to whom the mortgage has been assigned of record;
(3)"Mortgage servicer," the last person to whom a mortgagor or the mortgagor's successor in the interest has been instructed by a mortgagee to send payments on a loan secured by a mortgage. A person transmitting a payoff statement is the mortgage servicer for the mortgage described in the payment statement;
(4)"Mortgagor," the grantor of a mortgage;
(5)"Payoff statement," a statement of the amount of the unpaid balance of a loan secured by a mortgage, including principal, interest, and any other charges properly due under or secured by the mortgage; and interest on a per day basis for the unpaid balance;
(6)"Record," to record with the county register of deeds;
(7)"Title insurance company," any corporation or other business entity authorized and licensed to transact the business of insuring titles to interests in real property in this state under chapter 58-25.
Source: SL 1997, ch 251, §1.
Structure South Dakota Codified Laws
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 44-8-3 - 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 44-8-9 - 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 44-8-14 - Discharge of recorded mortgage--Certificate of release, contents, recording, fee.
Section 44-8-23 - Executory contract remedies unaffected by deficiency judgment provisions.
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.