Mutual Federal Savings & Loan Ass'n v. American Medical Services, Inc.

The validity of a “due on sale” provision in a mortgage was upheld in the Wire Works Case. As to an acceleration clause, phrased in the exact language of the provision involved in the case before us, this court held such “ ‘due . . . if . . . convey [ed] away ... or if the title thereto shall become vested in any other’ ” clause not to be against public policy and held it to be “. . . enforceable as a contractual condition of the note and mortgage.” However, it also held that the invocation of the acceleration clause must be “in accord with equitable principles,” with the trial court to…