PROVIDENT FED. S. & L. ASS'N v. REALTY CENTRE, LTD.

Nos. 55956, 55966 cons.

97 Ill.2d 187 (1983)

454 N.E.2d 249

PROVIDENT FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellee, v. REALTY CENTRE, LTD., et al., Appellants.

Supreme Court of Illinois.

Rehearing denied September 30, 1983.


Attorney(s) appearing for the Case

Rudolph J. Westphal, of Peoria, for appellant Realty Centre, Ltd.

O'Hern, Wombacher & Moon, of Peoria (Randall W. Moon, of counsel), for appellants Alan J. Campbell, G. Rodger Moon and Roland D. Wilken.

Sweat, Sweat & Hasselberg, of Peoria (Eric E. Hasselberg, of counsel), for appellee.

James M. Winning, of Giffin, Winning, Lindner, Newkirk, Cohen & Bodewes, P.C., of Springfield, for amicus curiae Illinois Savings and Loan League.


Judgment affirmed.

JUSTICE WARD delivered the opinion of the court:

This appeal concerns the enforceability of due-on-sale provisions in mortgages held by federally chartered savings and loan associations. The circuit court of Peoria County dismissed a complaint for foreclosure of mortgage that had been filed by Provident Federal Savings and Loan Association (Provident), a federally chartered association. The dismissal...

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