CHAPTER 32

(HB 1068)

Names of certain parties to be listed in instruments recorded
by the register of deeds.

         ENTITLED, An Act to  require the names of certain parties to be listed in instruments recorded by the register of deeds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 7-9-7 be amended to read as follows:

     7-9-7.   No register of deeds may accept for record in his the office of the register of deeds :

             (1)      Any deed , affidavit terminating joint tenancy or life estate interests, or oil, gas , or other mineral lease that does not include the names of the grantor and the grantee or the lessor and the lessee, the names of the joint tenant, the post office address of the grantee or lessee , and a legal description of the property conveyed or leased;

             (2)      Any mortgage which that does not include the names of the mortgagor and the mortgagee, the post office address of the mortgagee, a legal description of the property , and the amount of the mortgage and when it is due;

             (3)      Any assignment of mortgage or oil, gas , or other mineral lease which that does not include the names of the assignor and the assignee, the post office address of the assignee , and a legal description of the property; or

             (4)      Any deed or contract for deed dated after July 1, 1988, used in the purchase, exchange, transfer, or assignment of interest in real property which that is not accompanied by a certificate of value containing , the name and address of the buyer and seller, the legal description of the real property, the actual consideration exchanged for the real property, the relationship of the seller and buyer, if any, and the terms of payment if other than payment in full at the time of sale.

     Signed February 8, 2006

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