Title 44 — LIENS
16 chapters · 214 sections in this title.
SDCL § 44-2-1 Priority of different liens upon same property--Determination--Time of creation
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Other things being equal, different liens upon the same property have priority according to the time of their creation. Source: CivC 1877, § 1711; CL 1887, § 4335; RCivC 1903, § 2031; RC 1919, § 1536; SDC 1939, § 39.0112.
SDCL § 44-2-2 Purchase price of real property--Mortgage given for at time of conveyance--Vendor's lien--Priority over other liens--Operation of recording laws
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A mortgage given for the price of real property at the time of its conveyance and the vendor's lien for unpaid purchase price of real property have priority over all other liens created against the purchaser subject to the operation of the recording law. Source: CivC 1877, § 1712…
SDCL § 44-2-3 Public record notice of claim of lien on personal property--No other method provided--Lien statement--Contents
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In all cases where no other provision is made by statute for giving public record notice of any claim of lien on personal property any person claiming such lien may give public record notice thereof by sworn statement executed in writing stating: (1) The names and addresses of th…
SDCL § 44-2-4 Lien statement covering personal property--Condition precedent to filing--Mailing of copy to owner of property
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Before filing such lien statement, the person claiming the lien shall mail to the property owner at his last known post office address, by registered or certified mail, a copy of such lien statement and the post office receipt for such mailing shall be attached to the lien statem…
SDCL § 44-2-5 Lien statement covering personal property--Filing in office of register of deeds, effect--Indexing of filed statements--Filing fees
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The sworn statement of such claim of lien together with post office receipt for mailing as required in § 44-2-4 may be filed in the office of the register of deeds of the county in which the property is located at the time of such filing and the register of deeds shall file and i…
SDCL § 44-2-6 Lien statement covering personal property--Certified copies of filed statement, filing in other counties, effect, indexing
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Certified copies of the lien statement as filed may be filed in any other county of the state with same effect as certified copies of chattel mortgages are filed and shall be filed and indexed accordingly. Source: SDC 1939, § 39.0124.
SDCL § 44-2-7 Lien statement covering personal property--Assignment and satisfaction of record
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Such liens may be assigned and satisfied of record the same as chattel mortgages. Source: SDC 1939, § 39.0124.
SDCL § 44-2-8 Effect of lien claim or statement--Constructive notice
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A lien claim or statement mailed and filed in accordance with the provisions of this chapter shall from the time of its filing give constructive notice of its contents and a certified copy of such claim or statement filed in any other county of the state shall likewise give const…
SDCL § 44-2-9 Filing of lien statement without reasonable grounds--False statements in instrument--Noncompliance with demand for discharge--Civil action for damages--Penalty included in judgment
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Any person who shall file such a lien statement without reasonable grounds to believe that he is entitled to such lien or who shall file a statement containing any willfully made false substantial statement and who shall fail upon demand to execute and deliver to the property own…