15-10-1
Notice of action affecting real property filed with register of deeds--Contents of notice--Foreclosure actions governed by specific statutes.
15-10-2
Action pending from time of notice--Time allowed for service of summons.
15-10-3
Constructive notice from filing of notice--Subsequent purchasers and encumbrancers
bound.
15-10-4
Discharge of notice of pendency of action--Contents, acknowledgment and recording.
15-10-5
Repealed.
15-10-6
Expungement of notice of pendency upon motion therefor--Showing necessary to defeat
motion.
15-10-7
Expungement of notice of pendency upon motion therefor--Undertaking.
15-10-8
Expungement of notice of pendency--Notice of motion--Proof considered.
15-10-9
Expungement of notice of pendency--Effect.
15-10-10
Expungement of notice of pendency--Costs on grant or denial of motion.
15-10-11
Expungement provisions, liability unaffected by.
15-10-1. Notice of action affecting real property filed with register of deeds--Contents of notice--Foreclosure actions governed by specific statutes.
In an action affecting the title to real property, the plaintiff, at the time of filing the complaint or at any time afterwards, or the defendant, when he sets up an affirmative cause of action in his answer and demands substantive relief, at the time of filing his answer or at any time afterwards, if the same be intended to affect real property, may file for record with the register of deeds of each county in which the real property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action, and the description of the real property in that county affected thereby; but if the action be for the foreclosure of a mortgage, or the enforcement of a mechanic's or miner's lien, no such notice need be filed, except as may be specifically provided by the statutes relating thereto.
Source: SDC 1939 & Supp 1960, § 33.0805.
15-10-2. Action pending from time of notice--Time allowed for service of summons.
For the purpose of this chapter an action shall be deemed to be pending from the time of filing the notice referred to in § 15-10-1; provided that such notice shall be of no avail unless it shall be followed by the first publication of the summons, or by the personal service thereof, on a defendant within sixty days after such filing.
Source: SDC 1939 & Supp 1960, § 33.0805.
15-10-3. Constructive notice from filing of notice--Subsequent purchasers and encumbrancers bound.
From the time of filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby. Every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer and shall be bound by all proceedings taken after the filing of such notice, to the same extent as if he were a party to the action.
Source: SDC 1939 & Supp 1960, § 33.0805.
15-10-4. Discharge of notice of pendency of action--Contents, acknowledgment and recording.
Whenever notice of the pendency of any action has been filed or recorded in the office of the register of deeds in any county, the party plaintiff or defendant filing the same or at whose instance the same was filed, or his attorney or attorneys, in whose name or names the notice is subscribed, may discharge the same of record by filing with the register of deeds in whose office the notice is filed, a certificate of the discharge of said notice, executed and acknowledged by the same persons as above provided for certificates of discharge thereof. Such certificates of discharge, when filed with the register of deeds shall be acknowledged in the same form as is provided by law for the acknowledgment of conveyances of real estate and may be recorded in like manner.
Source: SDC 1939 & Supp 1960, § 33.0805.
15-10-6. Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.
Any time after the notice of pendency of an action has been filed for record pursuant to § 15-10-1 or other law, the court in which the action is pending shall, upon motion of a party to the action supported by affidavit, order that the notice be expunged unless the party who filed the notice of pendency of the action shows by a preponderance of the evidence, that:
(1) The action does affect the title to the real property described in the notice; and
(2) The party recording the notice has commenced or prosecuted the action for a proper purpose and in good faith.
Source: SL 1980, ch 162, § 2.
15-10-7. Expungement of notice of pendency upon motion therefor--Undertaking.
Any time after the notice of pendency of an action has been filed for record pursuant to § 15-10-1 or other law, the court in which the action is pending may, upon motion of a party to the action supported by affidavit, order that the notice be expunged if the moving party gives an undertaking, in such amount and within such time as is fixed by the court after notice and hearing. The undertaking shall require the moving party to indemnify the party who recorded the notice for all damages which he may incur:
(1) If the notice is expunged and the moving party does not prevail; and
(2) If the court finds that adequate relief can be secured to the party recording the notice by the giving of the undertaking.
Source: SL 1980, ch 162, § 3.
15-10-8. Expungement of notice of pendency--Notice of motion--Proof considered.
A notice of motion to expunge shall be served not less than ten days prior to the hearing. The court shall determine the matter on the affidavits and counter-affidavits on file and upon such other proof as it may permit.
Source: SL 1980, ch 162, § 4.
15-10-9. Expungement of notice of pendency--Effect.
When a certified copy of an order expunging a notice of pendency of an action is filed for record in the office of the register of deeds in which the notice of the pendency was recorded, neither the notice of the pendency of the action nor any information derived therefrom, prior to the recording of the order, constitutes constructive or actual notice of any of the matters contained therein, or of any of the matters relating to such action, or creates any duty of inquiry in any person dealing with the property described therein.
Source: SL 1980, ch 162, § 5.
15-10-10. Expungement of notice of pendency--Costs on grant or denial of motion.
An order made pursuant to § 15-10-6 or 15-10-7 granting or denying a motion to expunge a notice of pendency of action, may direct that the prevailing party be awarded reasonable attorneys' fees and costs.
Source: SL 1980, ch 162, § 6.
