Darr v. First Federal Savings & Loan Ass'n

I. FACTS

The facts and procedural history in this case are set forth in detail in Darr v First Federal Savings & Loan Ass’n of Detroit, 146 Mich App 568; 381 NW2d 769 (1985). Briefly, in 1977 the Darrs purchased a home located in Redford Township. The home was financed through a mortgage which the Darrs executed with First Federal for $31,000. The mortgage document was a standard form described as the "fnma 1 /fhlmc 2 Uniform Mortgage Instrument.” The due-on-sale clause contained in paragraph 17 of the mortgage instrument is the focus of this appeal. 3

Approximately two years after the Darrs…