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Home » US Law » 2022 South Dakota Codified Laws » Title 21 - Judicial Remedies » Chapter 52 - Redemption From Sale On Execution Or Foreclosure

Section 21-52-1 – Redemption defined–Sales subject to redemption.

21-52-1. Redemption defined–Sales subject to redemption. 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 other […]

Section 21-52-10 – Hearing and determination of amount required to redeem separate tract–Certificate of redemption–Credit on price paid at sale.

21-52-10. Hearing and determination of amount required to redeem separate tract–Certificate of redemption–Credit on price paid at sale. 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 […]

Section 21-52-12 – Methods of extending time for redemption–Execution and recording of agreement for extension–Redemptioners affected by agreement.

21-52-12. Methods of extending time for redemption–Execution and recording of agreement for extension–Redemptioners affected by agreement. 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 […]

Section 21-52-17 – Proof of interest not required of party of record.

21-52-17. Proof of interest not required of party of record. 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 […]

Section 21-52-18 – Proof of interest required of successor in interest.

21-52-18. Proof of interest required of successor in interest. 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).

Section 21-52-19 – Successive redemptions by junior lien holders.

21-52-19. Successive redemptions by junior lien holders. 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, insurance, and installments […]

Section 21-52-20 – Amounts payable to junior lien holders.

21-52-20. Amounts payable to junior lien holders. 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 […]

Section 21-52-21 – Amounts payable on partial redemptions.

21-52-21. Amounts payable on partial redemptions. 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 […]

Section 21-52-22 – Successive extensions of time on successive redemptions.

21-52-22. Successive extensions of time on successive redemptions. 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 […]

Section 21-52-25 – Certificate of redemption issued by sheriff–Contents of certificate–Statement of amount required for further redemption.

21-52-25. Certificate of redemption issued by sheriff–Contents of certificate–Statement of amount required for further redemption. 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 […]

Section 21-52-26 – Certificate of final redemption.

21-52-26. Certificate of final 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).

Section 21-52-27 – Recording of certificates of redemption.

21-52-27. Recording of certificates of redemption. 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).