Kemp v. Empire Savings, Building & Loan Ass'n

STERNBERG, Judge.

Empire Savings, Building & Loan Association (the lender) appeals a preliminary injunction enjoining foreclosure of real property pending adjudication of the enforceability of a “due-on-sale” provision in a deed of trust securing the indebtedness. We reverse.

On November 15, 1977, plaintiff Jerry L. Kemp, the borrower, executed a deed of *235trust to the defendant Public Trustee for the benefit of the lender. In that deed of trust, the borrower agreed “[n]ot to sell or transfer the property herein described without the written consent of the association or holder first having been…