Perry v. Island Savings & Loan Ass'n
Washington Supreme Court
1Opinion of the CourtDore, J.
We hold that a deed of trust due-on-sale provision being foreclosed by a state savings and loan association is not enforceable. We set aside Island Savings and Loan Association's summary judgment on foreclosure and remand to the trial court for entry of judgment for Perry in accordance with the provisions of this decision.
Facts
On November 17, 1977, the Perrys granted Island Savings and Loan Association (Island) a deed of trust in their residence to secure a $22,100 loan, which deed contained the following language:
If all or any part of the Property or an interest therein is sold or…
2Cases cited10 opinions
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- Anhold v. DanielsWashington Supreme Court · 1980
- Haner v. Quincy Farm Chemicals, Inc.Washington Supreme Court · 1982
- Gross v. City of LynnwoodWashington Supreme Court · 1978
- Holiday Acres No. 3 v. Midwest Federal Savings & Loan Ass'nSupreme Court of Minnesota · 1981
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