Income Realty & Mortgage, Inc. v. Columbia Savings & Loan Ass'n

ROVIRA, Justice.

This case is before us on a writ of certio-rari granted pursuant to C.A.R. 50. The district court enjoined the foreclosure of a deed of trust encumbering an apartment building, holding that the “due-on-sale” clause 1 in the deed of trust constituted an unreasonable restraint on alienation. Respondent Columbia Savings and Loan Association (Columbia) appealed this ruling to the Colorado Court of Appeals. Before the appeal was heard, we granted petitioners’ request for a writ of certiorari. We reverse.

I

In November 1972, Donald J. Huttner executed a deed of trust encumbering an…