GARBER v. FULLERTON SAV. & LOAN ASSN.

Docket No. 21956.

122 Cal.App.3d 423 (1981)

176 Cal. Rptr. 49

HOWARD D. GARBER et al., Plaintiffs and Respondents, v. FULLERTON SAVINGS AND LOAN ASSOCIATION, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

August 10, 1981.


Attorney(s) appearing for the Case

COUNSEL

Pitts, Covington & Kane and Carl L. Kane for Defendant and Appellant.

Fred Crane and Robert E. Boehmer for Plaintiffs and Respondents.


OPINION

KAUFMAN, Acting P.J.

The issue presented by this appeal is whether a state-chartered savings and loan association may validly exercise the due-on-sale clause in its trust deed encumbering residential real property on account of an involuntary sale of the property to satisfy a lien of the United States for unpaid taxes, in the absence of a showing that exercise of the due-on-sale clause is reasonably necessary to prevent impairment...

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