Mellette County Notice of Lis Pendens Form (South Dakota)

The following South Dakota and Mellette County supplemental forms are included as a courtesy with your order:

When using these Notice of Lis Pendens forms, the subject real estate must be physically located in Mellette County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Mellette County include:

• Norris
• White River
• Wood

A Notice of Lis Pendens once filed notifies the world of a pending lawsuit affecting real property. (From the time of filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby. Every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer and shall be bound by all proceedings taken after the filing of such notice, to the same extent as if he were a party to the action.) (S.D. Statute 15-10-3. Constructive notice from filing of notice--Subsequent purchasers and encumbrancers bound.)

Chapter 45. Partition And Sale of Real Estate
Statute 21-45-7 Lis pendens notice required--Constructive notice.
21-45-7. Lis pendens notice required--Constructive notice. Immediately after filing the complaint in the circuit court, the plaintiff must record in the office of the register of deeds of the county or of the several counties in which the property is situated, a notice of the pendency of the action, containing the names of the parties, so far as known, the object of the action, and a description of the property to be affected thereby. From the time of filing such notice for record all persons shall be deemed to have notice of the pendency of the action.

Title 21 - JUDICIAL REMEDIES
Chapter 41 - Actions To Quiet Title To Real Property
Section 21-41-12 - Lis pendens notice filed with register of deeds--Constructive notice--Destruction of records.
21-41-12. Lis pendens notice filed with register of deeds--Constructive notice--Destruction of records. Immediately after the filing of the complaint in the circuit court, the plaintiff must record in the office of the register of deeds of the county or of several counties in which the property is situated, a notice of the pendency of the action, containing the title and object of the action and a description of the property to be affected thereby. From the time of filing the notice for record all persons shall be deemed to have notice of the pendency of the action. However, the register of deeds may destroy any record which the records destruction board, acting pursuant to 1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.

(South Dakota Notice of LP Package includes form, guidelines, and completed example) For use in South Dakota only.

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