American Federal Savings & Loan Ass'n of Madison v. Kass

DUNN, Justice.

Terry and Julianne Kass (appellants) appeal from a judgment entered by the trial court which foreclosed a mortgage on certain real property near Madison, South Dakota, and awarded American Federal Savings & Loan Association of Madison (appel-lee) a deficiency judgment and attorney fees. We affirm in part, reverse in part and remand.

On June 15, 1978, appellants executed to appellee a promissory note for $55,000. As security for payment on this note, appellants also executed to appellee a mortgage on a parcel of real property located near Madison. The note provided for an annual…