Washington Savings & Loan Ass'n of Florida v. Concepcion Del Portillo

CORRECTED OPINION

FERGUSON, Judge.

Washington Savings and Loan Association of Florida appeals from a Summary Final Judgment enjoining them from enforcing a due-on-sale provision in a mortgage contract after the owner of the mortgaged property had sold or transferred the property without approval of the lender in violation of the contract terms.1 The trial *806court held, consistent with the holding of earlier Florida and Minnesota cases,2 that absent some showing that transfer of the mortgaged property had impaired the lender’s security, appellant-savings and loan association would not be permitted…