Von Ehrenkrook v. Midland Federal Savings & Loan Ass'n

Appellants, Bernard and Bernice Von Ehrenkrook, commenced an action against Midland Federal Savings and Loan Association alleging that Midland violated section 38-30-165, C.R.S. 1973 (1977 Supp.), by increasing the interest rate on a loan secured by a deed of trust which the Von Ehrenkrooks assumed and agreed to pay upon purchase of the property which was the subject of the trust deed. Midland filed a motion to dismiss for failure to state a claim and the motion was granted. The Von Ehrenkrooks thereafter appealed from the judgment of dismissal. Since Midland raised a constitutional question,…