Clay County Mortgage Security Agreement and Promissory Note Forms (South Dakota)
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Form Package
Mortgage Security Agreement and Promissory Note
State
South Dakota
Area
Clay County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Clay County specific forms and documents listed below are included in your immediate download package:
Mortgage Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 1/29/2024
Mortgage Guidelines
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 12/20/2023
Completed Example of the Mortgage Document
Example of a properly completed form for reference.
Included document last reviewed/updated 4/23/2024
Promissory Note Form
Note that is secured by the Mortgage Agreement.
Included document last reviewed/updated 3/25/2024
Promissory Note Guidelines
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 4/19/2024
Completed Example of the Promissory Note Document
Example of a properly completed form for reference.
Included document last reviewed/updated 4/15/2024
Annual Accounting Statement Form
Mail to borrower for fiscal year reporting.
Included document last reviewed/updated 3/27/2024
Included Supplemental Documents
The following South Dakota and Clay County supplemental forms are included as a courtesy with your order.
Frequently Asked Questions:
How long does it take to get my forms?
Forms are available immediately after submitting payment.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by South Dakota or Clay County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
Forms are NOT emailed to you. Immediately after you submit payment, the Clay County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Clay County Mortgage Security Agreement and Promissory Note forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the Mortgage Security Agreement and Promissory Note forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Clay County that you need to transfer you would only need to order our forms once for all of your properties in Clay County.
Are these forms guaranteed to be recordable in Clay County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Clay County including margin requirements, content requirements, font and font size requirements.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Areas Covered by These Mortgage Security Agreement and Promissory Note Forms:
- Clay County
Including:
- Burbank
- Irene
- Vermillion
- Wakonda
What is the South Dakota Mortgage Security Agreement and Promissory Note
This is a recordable mortgage that serves (as notice to all subsequent purchasers and encumbrancers.) (44-8-10) Included is a Power of Sale clause, considered more favorable to lenders because it uses a non-judicial foreclosure, saving time and expense. [In case of default in the payment of said principal sum of money or any part thereof, or interest thereon at the time or times above specified for payment thereof, or in case of nonpayment of any taxes, assessments, or insurance as aforesaid, or of breach of any covenant or agreement herein contained, then and in either case, the whole, principal and interest, of said note -- shall at the option of the holder thereof, immediately become due and payable, and this mortgage may be foreclosed by action, or by advertisement as provided by statute or the rules of practice relating thereto, and this paragraph shall be deemed as authorizing and constituting a power of sale as mentioned in said statutes or rules, and any amendatory thereof.] [44-8-3]
This mortgage contains a (due-on-sale clause) which (is a provision of a real estate mortgage which requires that the note secured by the mortgage be paid at the time the property is transferred and no assumption of the original note is permitted.) (44-8-27). This is done because [No lender may enforce a due-on-sale clause unless the real estate mortgage includes such clause.] [44-8-28]
44-8-21. Mortgage securing note for purchase price of real estate--No negotiability--Enforcement of liability--Endorsement of note. In all cases where a note given by the purchaser and grantee of real estate to the vendor and grantor thereof to secure payment of all or any part of the purchase price is secured by a mortgage on such real estate, such note shall bear an endorsement upon its face to the effect that it is given for such purpose, and thereafter the same shall not be negotiable, nor shall any liability of any kind be enforced upon it either by action at law, or by set-off, or counterclaim, or otherwise, excepting by foreclosure of the mortgage. The rights of any party to said note, or of any assignee, or purchaser thereof, shall not be affected by the absence of such endorsement but shall be the same as though such note had been properly endorsed. Nothing herein contained shall apply to such note given prior to July 1, 1933.
44-8-22. Rights of payee of note given in payment of purchase price--Deficiency judgment prohibition inapplicable unless note secured by real estate mortgage.
Nothing contained in 44-8-20 or 44-8-21 shall affect the rights of a payee or other owner of a note given in payment of all or part of the purchase price of real estate unless such note is secured by a real estate mortgage.
A mortgage and promissory note secured, including stringent default terms can be beneficial to the lender. Use these forms for residential, commercial, rental property, condominiums, vacant land and planned unit developments.
(South Dakota Mortgage Package includes forms, guidelines, and completed examples) For use in South Dakota only.
Our Promise
The documents you receive here will meet, or exceed, the Clay County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your Clay County Mortgage Security Agreement and Promissory Note form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
Reviews
4.8 out of 5 (4320 Reviews)
Lorie S.
April 24th, 2024
It was available to download immediately
Thank you!
TIFFANY B.
April 24th, 2024
THIS SERVICE IS AMAZING! IT SAVES ME SO MUCH TIME!
We are grateful for your engagement and feedback, which help us to serve you better. Thank you for being an integral part of our community.
Nancy A.
April 24th, 2024
This is an excellent resource. I was surprised because the price is so low I thought the products might be inferior. Not only were were the requested documents high quality, additional unrequested documents were added to my order that I didn\'t realize I would need until I read them. I especially appreciate that all the documents were specific to my county. I highly recommend using deeds.com.
Your satisfaction with our services is of utmost importance to us. Thank you for letting us know how we did!
jerry k.
May 27th, 2021
very easy to download, works great
Thank you for your feedback. We really appreciate it. Have a great day!
A. S.
February 27th, 2019
First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!
Susan M.
November 20th, 2020
It was easy to use and clear directions.
Thank you!
Janet P.
July 30th, 2021
Extremely easy to use. The guide and sample were a great source of reference.
Thank you for your feedback. We really appreciate it. Have a great day!
Susie k.
March 3rd, 2020
No complaints
Thank you!
Mark S.
June 28th, 2022
The forms were easy to fill in and file. I've never filed anything like this before and the forms made it extremely easy.
Thank you so much!
Thank you for your feedback. We really appreciate it. Have a great day!
Scott s.
September 2nd, 2022
Information requested was provided and time to reply was quick!
Thank you!
Sandra T.
May 4th, 2023
I hope this will address all I need to make sure my father is not being taken for granted by my siblings and a nephew and his wife.
thank you
Thank you!
Dennis M.
April 24th, 2022
Deeds was responsive and got back to me right away suggesting I go to the county and retrieve copies of the deed there. It's a couple of hundred miles away so was hoping I could do it online. A pretty good website though. Sorry we couldn't do business.
Thank you for your feedback. We really appreciate it. Have a great day!
CARMEN R J.
August 7th, 2019
Thank you intensly
Thank you!
Matthew D.
February 16th, 2019
Fantastic forms easy process couldn't be happier! Thanks
Thank you Matthew!
Joseph P.
April 28th, 2023
I purchased the Affidavit of Surviving Joint Tenant document and found the whole package of documents to be useful and practical. Successfully recorded!!! While the fillable PDF files are good enough, I personally prefer a Word document as it is easier to modify font or spacing.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
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