GREAT NORTHERN SAVINGS COMPANY v. INGARRA

No. 80-875.

66 Ohio St. 2d 503 (1981)

GREAT NORTHERN SAVINGS COMPANY, APPELLANT, v. INGARRA ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 24, 1981.


Attorney(s) appearing for the Case

Mr. John D. May and Mr. James A. Hall, for appellant.

Messrs. Vorys, Sater, Seymour & Pease, Mr. Robert E. Leach and Mr. Robert W. Werth, for Ohio League of Savings Associations.

Buckingham, Doolittle & Burroughs Co., L.P.A., Mr. Frederick M. Lombardi and Mr. John L. Reyes, for appellees.


Per Curiam.

In the past decade there have been numerous decisions regarding the enforceability of clauses such as the one contained in paragraph seven of appellees' second mortgage deed, known as "due on sale" clauses. Some jurisdictions have held that such clauses are enforceable only when the obligee can demonstrate a threat to one of its legitimate interests regarding the property or the obligation itself.

These jurisdictions have determined that...

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