South Dakota Statutes
§ 21-48-4 — Foreclosure not permitted after action at law to recover debt unless execution returned unsatisfied.
South Dakota § 21-48-4
JurisdictionSouth Dakota
Title 21JUDICIAL REMEDIES
Ch. 21-48FORECLOSURE OF REAL PROPERTY MORTGAGE BY ADVERTISEMENT
This text of South Dakota § 21-48-4 (Foreclosure not permitted after action at law to recover debt unless execution returned unsatisfied.) 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 § 21-48-4 (2026).
Text
To entitle any party to foreclose by advertisement, it shall be necessary that no action or proceeding shall have been instituted at law to recover the debt then remaining secured by such mortgage, or any part thereof; or, if any action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part.
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Related
PLAINS COMMERCE BANK, INC. v. BECK
986 N.W.2d 519 (South Dakota Supreme Court, 2023)
Legislative History
CCivP 1877, § 598, subdiv 2; CL 1887, § 5412, subdiv 2; RCCivP 1903, § 637, subdiv 2; RC 1919, § 2877 (2); SDC 1939 & Supp 1960, § 37.3002 (2).
Nearby Sections
15
§ 21-1-11
Repealed§ 21-1-13
Repealed§ 21-1-13.2
Application of interest statutes.§ 21-1-14
Liability of issuer of bad check for collection costs--Costs included in restitution award.§ 21-1-15
Definitions.§ 21-1-3
Damages to be reasonable.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 21-48-4, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-48-4.