Massachusetts Supreme Judicial Court July 20, 1981 (Dunham v. Ware Savings Bank)

*64

Hennessey, C.J.

The facts of this case are simple, but it will likely have significant impact upon many transactions involving the sale of real property. We decide a question recently presented to a number of courts in the United States, namely, whether the enforcement of a so called “due-on-sale” clause

3

in a home mortgage constitutes an unreasonable restraint on alienation in the absence