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FIRST FED. SAV. & LOAN, ETC. v. DETROIT BOND, ETC.

Nos. 80-1737, 80-1748 and 80-1754.

687 F.2d 143 (1982)

FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF DETROIT, (80-1737 & 80-1754) First Federal Savings & Loan Association of Lenawee County, (80-1748), Plaintiffs-Appellants, v. DETROIT BOND & MORTGAGE INVESTMENT COMPANY; Trustees of the United States Mutual Real Estate Investment Trust; Walter J. Jones, III; Sandra L. Jones; Samuel J. Chiado; Rosemarie L. Chiado; James A. Dunn; Arthur W. Fortier and Jack D. West, (80-1737) Patrick K. Fisher, a/k/a Patricia K. Sherman and Richard A. McCormack, (80-1748) William David Lustig, Carol S. Lustig, and Janice Lynn Guzenski, (80-1754), Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 25, 1982.

Attorney(s) appearing for the Case

David M. Hayes, Clark, Klein & Beaumont, Roger K. Timm, Joanne R. Lax, Detroit, Mich., for plaintiffs-appellants.

Edward M. Ranger, Paul A. Longton, Wyandotte, Mich., Harvey A. Koselka, Adrian, Mich., for defendants-appellees.

Before WEICK and BROWN, Senior Circuit Judges, and PORTER, Senior District Judge.

PER CURIAM.

In 1977, the Michigan Court of Appeals in Nichols v. Ann Arbor Federal Savings & Loan Association, 73 Mich.App. 163, 250 N.W.2d 804 (1977) held that "due-on-sale" clauses in mortgages could not be enforced unless the lender could prove that resort to such clause was reasonably necessary to protect the lender from the impairment of its security. District Judge Guy of...

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