Ceravolo v. Buckner

OPINION OF THE COURT

Andrew V. Siracuse, J.

On May 9,1979 defendant Joanne E. Buckner executed a note and mortgage to plaintiff, Mary Ceravolo, in the amount of $30,000 payable at 8% interest per annum over a five-year term. The mortgage and note provided, among other things, that “this mortgage shall be all due and payable upon transfer of part of [sic] all of the subject premises, and shall not be assumable without the prior written consent of the mortgagee.”

On April 1, 1981 Buckner executed an agreement, commonly known as a land contract, with defendants Terry R. Keller and Jerald C.…