Greater Louisville First Federal Savings & Loan Ass'n v. Etzler

HOWARD, Judge.

The appellant appeals from a summary judgment granted appellees by the trial court in a foreclosure action brought by appellant due to appellees’ alleged violation of a due-on-sale clause in their mortgage.

In 1979, appellee J. Scott Etzler (“Etz-ler”) borrowed $44,500.00 from appellant (“Greater Louisville”) to purchase a house at 10502 Burns Court in Louisville. Etzler executed a promissory note and mortgage to Greater Louisville which included the following “due-on-sale” clause:

17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein…