North Star Apartments v. Goppert Bank & Trust Co.

LOWENSTEIN, Judge.

Appellant Goppert Bank & Trust Company, (Goppert Bank), appeals from a final judgment of the Circuit Court of Clay County, which enjoined it from conducting a foreclosure sale of respondent’s, North Star Apartments (North Star) property by trustee under a deed of trust.

On March 29,1973, the North Star Apartments partnership as maker delivered a promissory note payable to John and Josephine Key (the Keys), for the purchase of certain real estate. The note provided that the principal amount of $470,000.00 was to be paid to the payees, with interest at 8 per cent, and payments…