South Dakota Statutes
§ 21-48-4 — Foreclosure not permitted after action at law to recover debt unless execution returned unsatisfied.
South Dakota·Title 21 JUDICIAL REMEDIES·Ch. 21-48 FORECLOSURE OF REAL PROPERTY MORTGAGE BY ADVERTISEMENT
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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South Dakota § 21-48-4 (Foreclosure not permitted after action at law to recover debt unless execution returned unsatisfied.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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Repealed§ 21-1-13
Repealed§ 21-1-13.2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.