FOR AN ACT ENTITLED, An Act to  provide for joinder of judgment creditors as third parties in certain foreclosure actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  That chapter 21-47 be amended by adding thereto a NEW SECTION to read as follows:

     In any action for foreclosure under chapters 21-47 or 21-49 whenever a creditor has taken a prior judgment against the mortgagor, or mortgaged real property, the plaintiff shall join any judgment creditor as a third-party in the following form:

     State of South Dakota ________________Court

     County of ____________________.

     John Doe, Plaintiff/Mortgagee, vs.

     Richard Roe, Defendant/Mortgagor, and

     Michael Moe, Lienholder/Defendant.

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     The lienholder/defendant need not answer the complaint or participate in the action. Neither the plaintiff nor the defendant may apply for costs, as defined in chapter 15-6, if the lienholder/defendant fails to answer. In any action for foreclosure if the lienholder/defendant fails to answer, judgment may be obtained only against the defendant/mortgagor.
     Section 2.  That chapter 21-47 be amended by adding thereto a NEW SECTION to read as follows:

     In any action for foreclosure under chapters 21-47 or 21-49, the summons and complaint shall be served on the lienholder/defendant in accordance with subdivision 15-6-4(i).