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HAUGEN v. WESTERN FEDERAL SAV. & L., ETC.

No. 80CA0551.

633 P.2d 497 (1981)

Raymond H. HAUGEN and Lois Haugen, Plaintiffs-Appellants, v. WESTERN FEDERAL SAVINGS & LOAN ASSOCIATION OF DENVER, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearings Denied June 4, 1981.

Certiorari Granted August 31, 1981.

Attorney(s) appearing for the Case

Robert A. Lehman, Denver, for plaintiffs-appellants.

Janene B. Duthie, Robert V. Stailey, Denver, for defendant-appellee.

R. Dale Tooley, Denver Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, amicus curiae.

Joseph A. Davies, P. C., Joseph A. Davies, Denver, for amicus curiae F. A. I. R. Committee.

Calkins, Kramer, Grimshaw & Harring, Victor L. Wallace, II, James S. Bailey, Jr., Thomas T. Tornow, Denver, for amicus curiae Savings & Loan League of Colo., Inc.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sp. Asst. Atty. Gen., Sarah Scott Sammons, Asst. Atty. Gen., Denver, amicus curiae.

PIERCE, Judge.

Plaintiffs, Raymond H. and Lois Haugen, appeal from the entry of summary judgment in favor of defendant, Western Federal Savings and Loan Association (Western Federal). We affirm.

In 1977, Richard L. and Joyce Larson executed a promissory note for the benefit of the lender, Western Federal. This note was secured by a deed of trust encumbering a residence which is the subject of this action. The deed of trust contained a due-on-sale provision...

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