First Federal Savings & Loan Ass'n of Rapid City v. Kelly

HENDERSON, Justice.

ACTION

Appellants James Kelly, Beverly Kelly (Kelly), Elick Hawk, and Donna Hawk (Hawk) appeal from a judgment by the trial court which foreclosed a mortgage on certain real property located in Pierre, South Dakota, and awarded appellee First Federal Savings & Loan Association of Rapid City (First Federal) $53,216.36; said amount to be taken from the proceeds of the sale of the mortgaged property. First Federal was also awarded attorney fees and costs in the amount of $3,599.05. The focus on appeal is the validity and enforceability of what is commonly referred to as a ‘due…