Abdul-Karim v. First Federal Savings & Loan Ass'n

This appeal presents the flip side of the factual situation we considered in Provident Federal Savings & Loan Association v. Realty Centre, Ltd. (1983), 97 Ill. 2d 187, in which we permitted the enforcement of a due-on-sale clause. In that case the note set forth the due-on-sale clause and incorporated by reference all of the provisions of the mortgage. The mortgage did not contain a due-on-sale provision, but it did state that it was “ ‘[t]o secure performance of the *** agreements in said note, which are hereby incorporated herein and made a part hereof ***.’ ” 97 Ill. 2d 187,190.

In this…