South Dakota Mortgage Deed

State:
Multi-State
Control #:
US-03109BG
Format:
Word; 
Rich Text
Instant download

Description

A mortgage deed is a document which gives a lender legal right and interest in a property. Generally, a borrower is pledging his home as security for a loan. The mortgage deed evidences the lender's ownership in the property. It operates very much the same as a mortgage or deed of trust. The lender can foreclose on the property if the debtor does not make timely payments.
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FAQ

A South Dakota deed must include the current owner's original signature. The owner's signature should be dated. A deed transferring real estate owned by two or more owners must include all co-owners' signatures?unless only one owner is transferring an interest.

Signing Requirements § 43-25-26: The grantor must sign South Dakota quitclaim deeds before a notary public or a subscribing witness. Recording Requirements § 43-28-1: Quitclaim deeds must be recorded with the County Register of Deeds's Office in the county where the real property is located. Transfer Tax § 43-4-21: $.

A South Dakota transfer-on-death deed?often called a TOD deed?is a written legal document that transfers property to one or more beneficiaries named in the document on the death of the owner. South Dakota TOD deeds were first authorized by the South Dakota Real Property Transfer on Death Act in 2014.

You must sign the deed and get your signature notarized, and then record (file) the deed with the county register of deeds office before your death. Otherwise, it won't be valid. You can make a South Dakota transfer on death deed with WillMaker.

A contract for deed is a contract where the seller remains the legal owner of the property and the buyer makes monthly payments to the seller to buy the house. The seller remains the legal owner of the property until the contract is paid.

Potential Problems with Transfer on Death Deeds: Issues can include unintentional disinheritance, conflicts with joint tenants, and invalidation due to legal description errors.

A fee is hereby imposed at the rate of fifty cents for each five hundred dollars of value or fraction thereof upon the privilege of transferring title to real property in the State of South Dakota, which fee shall be paid by the grantor.

Reviewed by Susan Chai, Esq. A South Dakota (SD) Quitclaim Deed is a legal document that transfers whatever ownership interest in a property one person (the grantor) has, if any, to another person (the grantee).

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South Dakota Mortgage Deed