Darr v. First Federal Savings & Loan Ass'n

Defendant, First Federal Savings and Loan Association of Detroit, appeals as of right from a judgment of the Wayne County Circuit Court entered in April, 1983, which enjoined it from foreclosing on certain property. First Fed*570eral’s position was that foreclosure was authorized because the mortgagors had defaulted by not paying the balance of the loan after they had sold the property on land contract without defendant’s permission, thereby triggering a mortgage "due-on-sale” clause.

Plaintiffs Richard E. Darr and Nancy Jo Darr executed a mortgage in 1977 to defendant First Federal, which loaned…