Rusch v. Kauker

For reasons stated by the majority, Kaukers’ objections to the contract for deed were unreasonable. As further support for that position, I feel compelled to state that, in my opinion, the clause in the mortgage (be it called a “due on sale” or “callable on sale” clause) is not applicable here.

That clause, in salient part, provides:

Mortgagors further covenant and agree that.... conveyances or other transfer of all or any part of the interest of mortgagors, or any of them, in all or any part of said premises whereby the title becomes vested in any other person, without obtaining in such…