Western Life Insurance v. McPherson K.M.P.

OPINION AND ORDER

THEIS, District Judge.

This mortgage foreclosure action is presently before the court on cross motions for summary judgment. Plaintiff seeks en forcement of a due-on-sale clause which allowed plaintiff to accelerate payment on a note when the mortgaged property was sold without its prior written consent. Defendants allege that plaintiff unreasonably withheld its consent to the sale and seek summary judgment in their favor.

To rule favorably on a motion for summary judgment, the court must first determine that the matters on file regarding the motion “show that there is no…