21-48-23 Record of foreclosure sale--Affidavits and certificate recorded--Notation by register of d...
Record of foreclosure sale--Affidavits and certificate recorded--Notation by
register of deeds.
A record of foreclosure sale must be made as follows:
An affidavit of the publication of the notice of sale and of any notice of postponement
must be made by the printer or publisher of the newspaper in which such notice was
published, or some person in his employ knowing the facts;
An affidavit by the person foreclosing the mortgage, or his attorney, or someone knowing
the facts, setting forth the facts relating to the military service status of the owner of the
mortgaged premises at the time of sale which affidavit, where such may be required, may
also set forth the fact of service of notice of sale upon the secretary of the treasury of the
United States of America or his delegate in accordance with the provisions of subsection
(c)(1) of section 7425 of the Internal Revenue Code of 1954 as amended by Public Law
89-719, known as the Federal Tax Lien Act of 1966, and as amended through January 1,
An affidavit executed by the person foreclosing the mortgage, that person's attorney or
someone knowing the facts, stating that the mortgagor and any person who is required to
receive notice under § 21-48-6.1 have been given notice of the foreclosure and that no
request for foreclosure by action has been made;
Such affidavits and the certificate of sale hereinabove provided for, must be recorded at
length by the register of deeds of the county in which the real property is situated in a
book kept for that purpose, and such original instruments, or the records thereof, or
certified copies of such records, shall be prima facie evidence of the facts therein
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A note shall be made by the register of deeds in the margin of the record of any mortgage
which has been foreclosed, showing the book and page where the evidence of such
foreclosure sale is recorded.
SDC 1939, § 37.3012; SL 1949, ch 141, § 2; SL 1957, ch 197; SL 1967, ch 151; SL 1987,
ch 29, § 78; SL 2002, ch 101, § 4.
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