Title 21, JUDICIAL REMEDIES

The remedy provided by this chapter shall be cumulative and not exclusive of any other actions or remedies provided by law whereby the relief or any part thereof provided by this remedy might be obtained. Source: SDC 1939 & Supp 1960, § 37.0907.

A person who is the purported debtor or obligor or who owns real or personal property or an interest in real or personal property and who has reason to believe that the document purporting to create a lien or a claim against the real or personal property or an interest in the rea…

A person against whom a purported judgment was rendered who has reason to believe that a document previously filed is counterfeit pursuant to § 22-11-29 , may file an action in circuit court pursuant to § 20-9-34 to have the purported judgment vacated. The filing of such an actio…

The circuit court for any county in which a mortgage or other lien is filed or recorded or in which any real estate under contract or bond for purchase or sale is located, may, on application of any person having an interest in or lien upon the property affected and notice as her…

Any person having an interest in or lien or encumbrance upon any property described in any instrument referred to in §§ 21-51-1 and 21-51-2 may present his application, petition, or complaint to the circuit court for the county in which the property involved or any part thereof i…

The application, petition, or complaint may join in one application, petition, or complaint two or more applications for the discharge of an expired contract, bond, mortgage, or lien of record. Source: Supreme Court Rule adopted October 20, 1947; SDC Supp 1960, § 37.0903.

The application, petition, or complaint shall be signed by an attorney licensed to practice in this state or by the party in interest and if signed by the party in interest, it shall also be verified by him. Source: Supreme Court Rule 564, 1939; SDC 1939, § 37.0903; Supreme Court…

Upon the filing of the application, petition, or complaint in the office of the clerk of the court, the court shall by order fix a time and place for hearing the same and direct notice thereof to be given, which time shall be not less than thirty days from the first publication o…

Notice of hearing the application, petition, or complaint shall be given by publishing the same once each week for a period of three weeks preceding the hearing in some legal newspaper of the county to be designated in the order of the court as most likely to give notice to the p…

At the time and place of hearing, the court shall require proof of publication or publication and posting of the notice and may require such other proof as to it may seem necessary and shall hear any persons interested in the matter who may appear or file written objections again…

The court may render judgment upon the record and proof required by this chapter canceling and discharging the instrument involved and any public record thereof. The judgment shall describe the instrument and the property involved and the book and page of the record of the instru…

Redemption is the right to repay the amount paid for real property or any interest thereon, sold on foreclosure of a real estate mortgage or on special or general execution against the property of a judgment debtor, or upon the foreclosure of any lien upon such real property othe…

The court shall hear an action brought under § 21-52-8 at a regular or special term, shall have the power to extend all time of redemption pending the determination of such action, and by its decree shall determine the amount required to redeem the lands described in plaintiff's …

All persons entitled to redeem shall in all cases have one year from the date of sale in which to redeem, except as to any one hundred eighty day redemption mortgage given either prior to or subsequent to July 1, 1977. Source: SL 1949, ch 142 , § 12; SDC Supp 1960, § 37.5612 (1);…

As to any redemptioner the right of redemption shall exist for one year after the sale of the property. The period of redemption herein limited may be extended in the manner described in §§ 21-52-13 , 21-52-22 and 21-52-23 and may also be extended by a written agreement between t…

If at or prior to the expiration of one year from the date of sale, any redemptioner shall make all of the following payments: (1) All taxes due on the land and any other sums paid by the purchaser to protect his interest in the property including the payment of insurance premium…

Any redemptioner may redeem from the purchaser at any sale described in § 21-52-1 , by paying to the sheriff or other person appointed by a court to make the sale, the amount of the purchase price, plus any sums paid by the purchaser to protect his interest in such property for t…

In all redemptions from sales of unpatented mining claims under execution or mortgage foreclosure, there shall be added to the total amount otherwise required to redeem such sum or sums, if any, as may be necessarily and actually expended by the purchaser or redemptioner, after s…

A redemptioner must serve upon the purchaser from whom he seeks to redeem, or upon his successor in interest, and upon the sheriff or officer making the sale, or his successor, a written notice of redemption, and (1) If he redeem as holder of a judgment, a copy of the judgment up…

No person named as a mortgagor in any mortgage, or as judgment debtor in any judgment of foreclosure of a lien, or in any general or special execution, need serve upon the officer or person from whom he seeks to redeem, any proof of his interest in the real property to be redeeme…

The successor in interest of any person described in § 21-52-17 must serve upon the officer or person from whom he seeks to redeem proof of his interest in such real property. Source: SL 1949, ch 142 , § 8; SDC Supp 1960, § 37.5608 (2).

In like manner holders of junior liens may redeem from a prior redemptioner, making payments required in § 21-52-14 , and paying, in addition, the amounts of any liens senior to their own, on which successive prior redemptions have been made, including any sums advanced for taxes…

Until the expiration of the time for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgment creditor. It is not waste for the person in possession of the property at …

No person shall be required to pay the amount of a lien junior to his own, but he shall pay to the holder of any junior lien who has made redemption the amount paid by him to make redemption, interest thereon, and any sums advanced by such junior lien holder for the protection of…

If there has been a partial redemption as provided by § 21-52-13 , redemptioners are not required to pay to the owner, mortgagor, or judgment creditor any sum paid by him on such partial redemption; but they are required to pay such sum to any other redemptioner, who shall have a…

If a redemption be made less than sixty days before the right, or extended right, of redemption expires, all holders of liens junior to that under which redemption is made have sixty days from such redemption in which to redeem, even after the expiration of the full period of red…

After the expiration of sixty days from any redemption made under § 21-52-22 , the owner may exercise his final right of redemption within fifteen days as prescribed in § 21-52-7 . Source: SL 1949, ch 142 , § 12; SDC Supp 1960, § 37.5612 (3).

Where there has been full and final redemption by the owner, effect of the sale is terminated, except in case of redemption by cotenants. Source: SL 1949, ch 142 , § 7; SDC Supp 1960, § 37.5607 (2).

Upon making each redemption the sheriff shall execute to the person making the redemption a certificate setting forth the fact of such redemption, the amount paid by the redemptioner, including the debt for which the property was sold and any subsequent liens which the redemption…

If the debtor, his grantee, or successor in interest redeem, the sheriff must execute and deliver to him a certificate of redemption duly acknowledged, reciting the fact of such redemption. Source: SL 1949, ch 142 , § 13; SDC Supp 1960, § 37.5613 (2).

Any such certificate of redemption must be recorded in the office of the register of deeds of the county in which the property or part thereof is situated. Source: SL 1949, ch 142 , § 13; SDC Supp 1960, § 37.5613 (3).

When title to real property subject to redemption is held by cotenants one or more of such cotenants may redeem, by paying the whole sum required to effect redemption. When redemption is made by one or more cotenants, all other cotenants of the property become obligated to contri…

Cotenants making redemption shall forthwith serve upon all other cotenants notice of the fact of such redemption together with a statement of the whole amount paid to redeem and the proportionate amount each cotenant is required to pay to contribute his full share of the funds re…

Only real property held in fee, or by life estate, or by leasehold extending more than two years beyond the date of sale shall be subject to redemption. Source: SL 1949, ch 142 , § 2; SDC Supp 1960, § 37.5602.

The cotenant serving the notice required in § 21-52-29 shall forthwith record the same, with proof of service thereof, in the office of the register of deeds in the county where the judicial sale or foreclosure was made. Such notice shall be served in like manner as a summons in …

Whenever a cotenant, pursuant to the notice mentioned in § 21-52-29 , shall have paid his proportionate share pursuant to such notice, the cotenant receiving such payment shall deliver to the cotenant making such payment a certificate reciting the fact of such payment and shall r…

A cotenant paying his proportionate share terminates as to his interest in the property the effect of the sale and he stands restored to his estate in the property sold. Source: SL 1949, ch 142 , § 14; SDC Supp 1960, § 37.5614 (4).

The interests in real property described in § 21-52-3 , sold on foreclosure of a real estate mortgage or on special or general execution against the property of a judgment debtor, including special executions upon the foreclosure of any lien upon real property other than a lien f…

The owner, mortgagor, judgment debtor, or the successors of either, having any interest in the property sold and the holders of any lien, legal or equitable, subsequent and junior to that from which redemption is to be made, on the property sold, or any part thereof, or any share…

Except as provided in §§ 21-52-7 and 21-52-24 , all distinction between owners and other redemptioners is abolished. Source: SL 1949, ch 142 , § 7; SDC Supp 1960, § 37.5607 (1).

The owner, his grantee, or successor in interest shall at all times have the final right to redeem after any and all redemptions as hereinafter provided shall have been made; and that right may be exercised by the owner, his grantee, or his successor in interest within fifteen da…

When the property sold on foreclosure of a mortgage, or upon general or special execution, consists of two or more separate farms, tracts, lots, or parcels of land, which at the time of sale are owned by two or more separate owners, or are subject to separate liens, giving to any…

No owner or lien holder shall have the right under § 21-52-8 to redeem less than the whole of the property owned by him or subject to his lien. Source: SL 1949, ch 142 , § 15; SDC Supp 1960, § 37.5615.

An action to foreclose a lien on personal property may be maintained by any person having a lien thereon by common law, statute, or contract. The action may be maintained in any court which would have jurisdiction of the amount secured by the lien, and in the county where the per…

A judgment in favor of the plaintiff must specify the amount and nature of the lien and direct a sale of the property, or sufficient thereof if the same is divisible conveniently, to satisfy the judgment and costs. It shall direct sale by the sheriff or other proper officer of th…

The judgment must also provide for the payment of any surplus to the owner of the property, or other person shown to be legally entitled thereto, and for the safekeeping of such surplus, until it is claimed by and paid to the person entitled thereto. Source: CCivP 1877, § 674; CL…