O'Boskey v. First Federal Savings & Loan Ass'n

BISTLINE, Justice.

The district court, the Honorable Gerald F. Schroeder, granted summary judgment in favor of the O’Boskeys based on a holding that a deed of trust executed by them in favor of First Federal Savings and Loan which contained a due-on-sale clause could not be enforced absent a showing of impairment of the security. We first note that we recently affirmed Judge Schroeder’s holding that under Idaho law a due-on-sale clause in a deed of trust is not an unreasonable restraint on the alienation of property and is enforceable according to its terms and conditions. See Lake v.…