In Re Foreclosure of the Deed of Trust of Ruepp

EAGLES, Judge.

This appeal raises an issue of first impression: Whether the foreclosure of a subordinate deed of trust activates the due on sale clause of the standard FNMA/FHLMC Uniform Instrument. We hold that it does not.

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Petitioner first assigns as error the trial court s conclusion of law that petitioner elected to use the FNMA/FHLMC standard instrument as the original deed of trust and that petitioner thereby impliedly waived the acceleration provisions of paragraph 17. We find no error.

Petitioner argues that there was no evidence before the trial court upon which it could conclude…