Cooper v. Deseret Federal Savings & Loan Ass'n

OPINION

BILLINGS, Judge:

Deseret Federal Savings and Loan Association (“Deseret”) appeals from the trial court’s decision which barred Deseret from enforcing the due-on-sale option of the parties’ trust deed and ordered Deseret to pay Cooper’s attorney fees. We affirm in part and reverse in part.

Deseret and Cooper executed a trust deed to secure a $315,000 note. The deed contains a due-on-sale option, which provides in pertinent part:

If all or any part of the property interest or an interest therein is sold or transferred by Borrower [Cooper] without Lender’s [Deseret’s] prior written consent,…