Occidental Savings & Loan Ass'n v. Venco Partnership

The instant appeal presents the court with its first opportunity to consider the validity and enforceability of what is commonly referred to as a “due on sale” clause frequently found in a real estate mortgage. The trial court concluded that the “due on sale” clause was both valid and enforceable and, accordingly, ordered foreclosure of the mortgage containing the questioned clause. We have reviewed the files and records and the law applicable to such matters and conclude that the trial court was correct in its conclusions. Accordingly, therefore, we affirm the judgment of the trial court.

Whil…