Krause v. Columbia Savings & Loan Ass'n

ROVIRA, Justice.

This is a consolidated appeal of two different stages of the same proceeding. The *266petitioners appeal the denial of their motion for a preliminary injunction and the granting of a partial summary judgment against them. We affirm both judgments.

In August 1972, petitioners David and Pamela Krause executed a deed of trust in favor of Columbia Savings and Loan Association (Columbia) encumbering certain property in Denver. The instrument contained a “due-on-sale” clause, which gave Columbia the option of accelerating the debt upon the transfer or sale of the subject property.1

In…