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

ROVIRA, Justice.

This is an appeal from a reversal by the court of appeals of a district court grant of a preliminary injunction barring the foreclosure sale of certain property. Kemp v. Empire Savings, Building & Loan Association, 635 P.2d 234 (Colo.App.1981). We affirm the decision of the court of appeals.

I

In November 1977, petitioner Jerry Kemp executed a promissory note in favor of respondent Empire Savings, Building and Loan Association (Empire). The note, in the principal amount of $45,500, was secured by a deed of trust encumbering residential property. The deed of trust contained a…