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PERRY v. ISLAND SAVINGS & LOAN

No. 49545-9.

101 Wn.2d 795 (1984)

684 P.2d 1281

DIANE F. PERRY, Appellant, v. ISLAND SAVINGS AND LOAN ASSOCIATION, Respondent.

The Supreme Court of Washington, En Banc.

June 14, 1984.

Attorney(s) appearing for the Case

Thomas J. Majhan, for appellant.

Edward C. Beeksma and Zylstra, Beeksma & Waller, for respondent.

William L. Dwyer, Peter M. Vial, Julianne Splain, and Jon A. Iverson, amici curiae for appellant.

John H. Strasburger, Lynn M. Skordal, and Janet Gray on behalf of Capital Savings Bank and Robert B. Leslie and Alan K. Willert on behalf of Olympic Savings and Loan Association, amici curiae for respondent.

DORE, J.

We hold that a deed of trust due-on-sale provision being foreclosed by a state savings and loan association is not enforceable. We set aside Island Savings and Loan Association's summary judgment on foreclosure and remand to the trial court for entry of judgment for Perry in accordance with the provisions of this decision.

FACTS

On November 17, 1977, the Perrys granted Island Savings and Loan Association...

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