South Dakota § 44-3-8 - Satisfaction of lien--Execution of discharge or release by holder--Damages for failure to execute and deliver satisfaction--Attorney fees--Additional penalty.
Full text of South Dakota South Dakota Codified Laws § 44-3-8 — Satisfaction of lien--Execution of discharge or release by holder--Damages for failure to execute and deliver satisfaction--Attorney fees--Additional penalty., with citation guidance and answers to common questions.
§ 44-3-8. Satisfaction of lien--Execution of discharge or release by holder--Damages for failure to execute and deliver satisfaction--Attorney fees--Additional penalty.
Whenever any mortgage, pledge, or other lien of any kind has been satisfied either by payment, foreclosure, or other legal means, the holder of such lien shall, within thirty days of satisfaction, deliver a sworn satisfaction to the debtor. However, immediately upon satisfaction of a lien or at any time thereafter, if the owner of the property makes written demand on the lienholder, the lienholder shall, within ten days of receipt, execute and deliver to the debtor a sufficient sworn satisfaction to cancel the lien or any record thereof. If the lienholder fails to execute and deliver to the owner of the property a sworn satisfaction within ten days of receipt of a proper written demand, the owner of the property is entitled to recover from the person who failed to comply with the provisions of this section all damages that he or she may have sustained thereby, including attorney's fees and an additional penalty in the sum of one hundred dollars.
Source: SDC 1939, § 39.0118; SL 2003, ch 229, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 44-3-8
What does South Dakota Codified Laws § 44-3-8 cover?
Section 44-3-8 ("Satisfaction of lien--Execution of discharge or release by holder--Damages for failure to execute and deliver satisfaction--Attorney fees--Additional penalty.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 44-3-8?
A common citation format is "South Dakota Codified Laws § 44-3-8" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 44-3-8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.