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FIRST FEDERAL SAV. AND LOAN ASS'N v. BECHTOL

Nos. 14906-14907.

416 So.2d 633 (1982)

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF SHREVEPORT, Plaintiff-Appellant, v. Charles Albert BECHTOL, Defendant-Appellee, Bob Gerald Smith & Elizabeth Smith, Intervenors-Appellees. Bob Gerald SMITH, et ux, Plaintiffs-Appellees, v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF SHREVEPORT, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied July 23, 1982.

Attorney(s) appearing for the Case

Cook, Yancey, King & Galloway by James Robert Jeter, Shreveport, for First Federal Sav. and Loan.

George H. Mills, Jr., Shreveport, Curator ad hoc for Charles Albert Bechtol.

Weinstein & Hiller by Lewis Weinstein, Shreveport, for Bob Gerald Smith and Elizabeth Smith.

Before PRICE, MARVIN and FRED W. JONES, Jr., JJ.

MARVIN, Judge.

In these consolidated actions, the association appeals a judgment which preliminarily enjoined its foreclosure by executory process of a mortgage it held on residential property that was originally owned by Bechtol and is now owned by Smith.

The mortgage held by the association did not contain a "due on sale" provision accelerating maturity of the mortgage obligation in the event of a sale of the secured...

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