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

STERNBERG, Judge.

In proceedings involving a deed of trust executed on February 25, 1969, the district court granted the plaintiffs’ motion for a preliminary injunction preventing a lender, Empire Savings, Building & Loan Association from proceeding with a public trustee’s foreclosure sale of certain real property. Empire was seeking to foreclose because of the unauthorized sale of the property to plaintiffs by an installment land contract, allegedly in violation of the terms of the deed of trust. Empire appeals the granting of the injunction, contending that the “due-on-sale” provision in its…