Young v. Hawks

This case concerns an attempt by the successor in interest of a second mortgagee to accelerate and foreclose the second mortgage against the grantee of the mortgagor. We shall affirm the district court and hold: (1) absent a contractual prohibition against an assignment of the mortgage by the mortgagor, the mortgagee may not object to such an assignment; (2) under the facts of this case a late payment did not constitute a default; and (3) summary judgment was properly awarded.