Redd v. Western Savings & Loan Co.

HOWE, Justice:

Plaintiffs, Stanley Martin Redd and Sheila M. Redd, his wife; Sterling Hardson Redd and Jill D. Redd, his wife; Paul Dut-son and Donna R. Dutson, his wife, who are the trustors in a trust deed, brought this action for declaratory relief, for damages, and for an injunction against the defendant beneficiary, Western Savings & Loan Company, which had begun foreclosure proceedings pursuant to a “due-on-sale” clause contained in the trust deed. The trial court rejected the plaintiffs’ motion for an injunction and granted summary judgment in favor of the defendant. Plaintiffs appeal.

On…