Smith v. Avco Financial Services of Alabama, Inc.

HOLMES, Judge.

This is an appeal from a summary judgment granted in favor of Avco Financial Services of Alabama, Inc. (Avco) and from the trial court’s order regarding the claim of exemptions made by Odell Smith (Smith).

Avco filed a complaint against Smith and his ex-wife, Gracie Smith, who is not a party to this appeal, for the balance due on a promissory note executed by them and secured by a second mortgage on certain real property. Pursuant to a motion filed by Avco, the trial court entered summary *1136judgment in favor of Avco “with waiver of exemptions.”

Thereafter, Avco initiated a process…