due-on-sale clause in North Carolina

7 North Carolina opinions name it 2 courts 1976–2002 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
Roberson v. Williamsgreen nc · 1954 · cited in 3 North Carolina opinions naming this issue, 1976–1982 2 sentences 1982In sum, it is appropriate to quote once again the wise words of Justice Higgins in Roberson v. Williams, 240 N.C. 696, 700-01 , 83 S.E.2d 811, 814 (1954): "Ordinarily, when parties are on equal footing, competent to contract, enter into an agreement on a lawful subject, and do so fairly and honorably, the law does not permit inquiry as to whether the contract was good or bad, whether it was wise or foolish." See Crockett, supra, 289 N.C. at 630 , 224 S.E.2d at 587 . 1982In sum, it is appropriate to quote once again the wise words of Justice Higgins in Roberson v. Williams, 240 N.C. 696, 700-01 , 83 S.E.2d 811, 814 (1954): "Ordinarily, when parties are on equal footing, competent to contract, enter into an agreement on a lawful subject, and do so fairly and honorably, the law does not permit inquiry as to whether the contract was good or bad, whether it was wise or foolish." See Crockett, supra, 289 N.C. at 630 , 224 S.E.2d at 587 .	3	3
Crockett v. FIRST FEDERAL S. & L. ASS'N, ETC.green nc · 1976 · cited in 3 North Carolina opinions naming this issue, 1982–2002 2 sentences 2002Sav. & Loan Ass’n of Charlotte, 289 N.C. 620, 624-25 , 224 S.E.2d 580, 584 (1976) (stating that “the due-on-sale clause is part of an overall contract that facilitates the original purchase and, thus, promotes alienation of property”). 2002Sav. & Loan Ass’n of Charlotte, 289 N.C. 620, 624-25 , 224 S.E.2d 580, 584 (1976) (stating that “the due-on-sale clause is part of an overall contract that facilitates the original purchase and, thus, promotes alienation of property”).	2	3
Troitino v. . Goodmangreen nc · 1945 · cited in 2 North Carolina opinions naming this issue, 1976–1976 2 sentences 1976As was wisely said by Justice Higgins speaking for our Court in Roberson v. Williams, 240 N.C. 696, 700, 701 , 83 S.E. 2d 811, 814 (1954), “Ordinarily, when parties are on equal footing, competent to contract, enter into an agreement on a lawful subject, and do so fairly and honorably, the law does not permit inquiry as to whether the contract was good or bad, whether it was wise or foolish.” “It is the simple law of contracts that ‘as a man consents to bind himself, so shall he be bound [cases cited].’” Troitino v. Goodman, 225 N.C. 406, 414 , 35 S.E. 2d 277, 283 (1945). 1976As was wisely said by Justice Higgins speaking for our Court in Roberson v. Williams, 240 N.C. 696, 700, 701 , 83 S.E. 2d 811, 814 (1954), “Ordinarily, when parties are on equal footing, competent to contract, enter into an agreement on a lawful subject, and do so fairly and honorably, the law does not permit inquiry as to whether the contract was good or bad, whether it was wise or foolish.” “It is the simple law of contracts that ‘as a man consents to bind himself, so shall he be bound [cases cited].’” Troitino v. Goodman, 225 N.C. 406, 414 , 35 S.E. 2d 277, 283 (1945).	2	2
cluster 391375green ca1 · 1981 · cited in 1 North Carolina opinions naming this issue, 1982–1982 1 sentence 1982As stated in Williams v. First Federal Savings & Loan Association, Etc., 651 F. 2d 910, 918 (4th Cir. 1981): There can be no doubt that, had a customary real estate deed been employed to accomplish directly the essentially identical result . . . , the due-on-sale clause would have been triggered.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (6)

Case	Cited	Years
Malouff v. Midland Federal Savings and Loan Ass'n green colo · 1973 2 sentences 1976Coast Bank v. Minderhout, supra; Cherry v. Home Sav. & Loan Assn., supra; Malouff v. Midland Federal, 181 Colo. 294 , 509 P. 2d 1240 (1973); People’s Savings Assn. v. Standard Industries, 22 Ohio App. 2d 35 , 257 N.E. 2d 406 (1970); Gunther v. White, 489 S.W. 2d 529 (Tenn. 1973); Mutual Federal S. & L. v. American Med. 1976Coast Bank v. Minderhout, supra; Cherry v. Home Sav. & Loan Assn., supra; Malouff v. Midland Federal, 181 Colo. 294 , 509 P. 2d 1240 (1973); People’s Savings Assn. v. Standard Industries, 22 Ohio App. 2d 35 , 257 N.E. 2d 406 (1970); Gunther v. White, 489 S.W. 2d 529 (Tenn. 1973); Mutual Federal S. & L. v. American Med.	2	1976–1976
Gunther v. White green tenn · 1973 2 sentences 1976Coast Bank v. Minderhout, supra; Cherry v. Home Sav. & Loan Assn., supra; Malouff v. Midland Federal, 181 Colo. 294 , 509 P.2d 1240 (1973); People's Savings Assn. v. Standard Industries, 22 Ohio App.2d 35 , 257 N.E.2d 406 (1970); Gunther v. White, 489 S.W.2d 529 (Tenn. 1973); Mutual Federal S. & L. v. American Med. 1976Coast Bank v. Minderhout, supra; Cherry v. Home Sav. & Loan Assn., supra; Malouff v. Midland Federal, 181 Colo. 294 , 509 P. 2d 1240 (1973); People’s Savings Assn. v. Standard Industries, 22 Ohio App. 2d 35 , 257 N.E. 2d 406 (1970); Gunther v. White, 489 S.W. 2d 529 (Tenn. 1973); Mutual Federal S. & L. v. American Med.	2	1976–1976
Cherry v. Home Savings & Loan Assn. green calctapp · 1969 2 sentences 1976As the court stated in Cherry v. Home Sav. & Loan Assn., 276 Cal. App. 2d 574 , 81 Cal. Rptr. 135 (1969), the due-on-sale clause is employed by sensible lenders to minimize their risks and avoid losing the benefit of future increases in the interest rate. 1976As the court stated in Cherry v. Home Sav. & Loan Assn., 276 Cal. App. 2d 574 , 81 Cal. Rptr. 135 (1969), the due-on-sale clause is employed by sensible lenders to minimize their risks and avoid losing the benefit of future increases in the interest rate.	2	1976–1976
People's Savings Ass'n v. Standard Industries, Inc. green ohioctapp · 1970 2 sentences 1976Coast Bank v. Minderhout, supra; Cherry v. Home Sav. & Loan Assn., supra; Malouff v. Midland Federal, 181 Colo. 294 , 509 P. 2d 1240 (1973); People’s Savings Assn. v. Standard Industries, 22 Ohio App. 2d 35 , 257 N.E. 2d 406 (1970); Gunther v. White, 489 S.W. 2d 529 (Tenn. 1973); Mutual Federal S. & L. v. American Med. 1976Coast Bank v. Minderhout, supra; Cherry v. Home Sav. & Loan Assn., supra; Malouff v. Midland Federal, 181 Colo. 294 , 509 P. 2d 1240 (1973); People’s Savings Assn. v. Standard Industries, 22 Ohio App. 2d 35 , 257 N.E. 2d 406 (1970); Gunther v. White, 489 S.W. 2d 529 (Tenn. 1973); Mutual Federal S. & L. v. American Med.	2	1976–1976
Isbey v. Crews green ncctapp · 1981 1 sentence 1991Isby v. Crews, 55 N.C.	1	1991–1991
Century Fed. Sav. & Loan Assn. v. Van Glahn green njsuperctappdiv · 1976 1 sentence 1982In Century Federal Savings & Loan Association v. Van Glahn, 144 N.J.	1	1982–1982

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 24-10 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 28 (1971–2023) FL 24 (1982–2014) IL 13 (1981–1990) TX 9 (1981–2015) CO 8 (1973–1983) NY 8 (1981–1998) NC 7 (1976–2002) PA 7 (1982–2026) SD 7 (1981–1983) MN 7 (1981–2024) ID 6 (1983–2006) WA 6 (1983–2003) KS 5 (1984–2013) AZ 5 (1984–1989) NJ 4 (1983–2004) OK 4 (1977–2015) CT 3 (1981–1992) AL 3 (1977–1983) MA 3 (1981–1982) MI 3 (1977–1986) WI 3 (1973–1981) DC 2 (1982–1982) OR 2 (1985–2000) MS 2 (1983–1986) NM 2 (1981–1990) OH 2 (1983–2016) IN 2 (1986–1988) IA 2 (1982–1984) AR 2 (1983–1983) GA 2 (1983–1994) ND 2 (1982–1982) AK 2 (1984–1991) NV 2 (1976–1985) LA 2 (1982–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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