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HOEG v. TWIN CITY FEDERAL SAV. & LOAN ASS'N

No. 82-73.

324 N.W.2d 377 (1982)

Kenneth B. HOEG, et al., Plaintiffs-Respondents, v. TWIN CITY FEDERAL SAVINGS & LOAN ASSOCIATION, Defendant-Appellant.

Supreme Court of Minnesota.

October 1, 1982.

Attorney(s) appearing for the Case

Frederick L. Thorson, Gregory J. Pulles, James T. Swenson, Mackall, Crounse & Moore, Minneapolis, for defendant-appellant.

Holmes & Graven, Larry M. Wertheim, Minneapolis, for plaintiffs-respondents.

Considered and decided by the court en banc without oral argument.

TODD, Justice.

Kenneth and Marjean Hoeg purchased a home and placed a mortgage on the property with Twin City Federal Savings & Loan Association. The mortgage contained a due on sale clause. The Hoegs desired to sell the property and were informed by Twin City Federal that the mortgage could not be assumed. The Hoegs brought a declaratory judgment action. The trial court, relying on our decision in Holiday Acres No. 3 v. Midwest Federal Savings & Loan Association...

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