Executive Hills Home Builders, Inc. v. Whitley

CLARK, Judge.

Appellant, Nanci M. Whitley, was sued by respondent, Executive Hills Home Builders, Inc., on a promissory note for $55,-000.00. On motion by respondent, the trial court entered summary judgment against appellant. The issue on this appeal is whether the note, otherwise payable in installments, was accelerated and became fully due pursuant to a “due on sale” clause.

On May 19, 1986, Whitley signed two promissory notes, the first to First Savings Bank and the second to Executive Hills. Repayment of each note was secured by a deed of trust on the same real estate. First Savings Bank…