Legal Opinion
Joy Ellen Smathers v. Fulton Federal Savings and Loan Association
Court of Appeals for the Fifth Circuit
Decided August 17, 1981No. 80-7542PublishedCited by 11 opinions
1Opinion of the Court
TUTTLE, Circuit Judge:
This is a Truth in Lending Act case in which the borrower appeals from a summary judgment entered in favor of the lender by the trial court.
The complaint attacks the disclosure statement prepared by the lender in two respects: (1) The statement failed to disclose the fact that the borrower waived her homestead exemption; (2) the statement said: “After-acquired property may be subject to the deed to secure loan,” whereas, the deed to secure loan clearly subjected after-acquired property characterized as “fixtures now or hereafter attached to the property, all of which,…
2Cases cited13 opinions
- Udall v. TallmanSupreme Court of the United States · 1965
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
- Ford Motor Credit Co. v. MilhollinSupreme Court of the United States · 1980
- Norwegian Nitrogen Products Co. v. United StatesSupreme Court of the United States · 1933
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re Patricia G. Smith, Debtor. Patricia G. Smith v. American Financial Systems, Inc.Court of Appeals for the Eleventh Circuit · 1984
- Shirley M. Pridegon v. Gates Credit UnionCourt of Appeals for the Seventh Circuit · 1982
- Monica Bury v. Marietta DodgeCourt of Appeals for the Eleventh Circuit · 1983
- Rosie Watts and Robert L. Watts v. Key Dodge Sales, Inc.Court of Appeals for the Fifth Circuit · 1983
- Norman Sage v. Freedom Mortgage CompanyCourt of Appeals for the Eleventh Circuit · 1983
6 more not listed; retrieve them via the Exa API.