44-8-31. Requirements of certificate of release.
A certificate of release executed under §§44-8-30 to 44-8-35, inclusive, shall contain substantially all of the following:
(1)The name of the mortgagor; the name of the original mortgagee; if applicable, the mortgage servicer; the date of the mortgage; the date of recording; and the volume and page or document number in the real property records where the mortgage is recorded; together with similar information for the last recorded assignment of the mortgage;
(2)A statement that the mortgage was in the original principal amount of five hundred thousand dollars or less;
(3)A statement that the person executing the certificate of release is an officer or a duly appointed agent of a title insurance company authorized and licensed to transact the business of insuring titles to interests in real property in this state under chapter 58-25;
(4)A statement that the certificate of release is made on behalf of the mortgagor or a person who acquired title from the mortgagor to all or a part of the property described in the mortgage;
(5)A statement that the mortgagee or mortgage servicer provided a payoff statement that was used to make payment in full of the unpaid balance of the loan secured by the mortgage; and
(6)A statement that payment in full of the unpaid balance of the loan secured by the mortgage was made in accordance with the written or verbal payoff statement, and received by the mortgagee or mortgage servicer, as evidenced by one or more of the following in the records of the title insurance company or its agent: a bank check, certified check, escrow account check from the title company or title insurance agent, or attorney trust account check that has been negotiated by the mortgagee or mortgage servicer, or other documentary evidence of payment to the mortgage or mortgage servicer.
Source: SL 1997, ch 251, §3; SL 2002, ch 201, §2.
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.