Howell v. Murray Mortgage Co.

POFF, Justice.

Appellant Charles Ben Howell, as dependent administrator of the estate of his deceased brother, Fredrick Lane Howell (Fredrick), brought suit against appellees in response to appellees’ enforcement of the terms of a deed of trust executed by Fredrick. Appellant claimed that, for a variety of legal reasons, he was not subject to a due-on-sale clause contained in the deed of trust. Specifically, appellant sought a declaratory judgment cancelling the restrictions on the transfer of the property subject to the deed of trust. Appellant also sought an injunction requiring appellees to…