South Dakota Statutes

§ 21-48-2 — Recording of mortgage and assignments required before foreclosure.

South Dakota § 21-48-2
JurisdictionSouth Dakota
Title 21JUDICIAL REMEDIES
Ch. 21-48FORECLOSURE OF REAL PROPERTY MORTGAGE BY ADVERTISEMENT

This text of South Dakota § 21-48-2 (Recording of mortgage and assignments required before foreclosure.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 21-48-2 (2026).

Text

To entitle any party to foreclose by advertisement, it shall be necessary that the mortgage containing such power of sale has been duly recorded and, if it shall have been assigned, that all the assignments thereof have been duly recorded in the county where such mortgaged premises are situated.

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Related

In Re Feimer
131 B.R. 857 (D. South Dakota, 1991)
2 case citations

Legislative History

CCivP 1877, § 598, subdiv 3; CL 1887, § 5412, subdiv 3; RCCivP 1903, § 637, subdiv 3; RC 1919, § 2877 (3); SDC 1939 & Supp 1960, § 37.3002 (3).

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Bluebook (online)
South Dakota § 21-48-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-48-2.