First Citizens Bank & Trust Co. of South Carolina v. Owings

Quillian, Presiding Judge.

The plaintiff bank appeals from an adverse judgment rendered in a foreclosure proceeding instituted by it. Alleging a default, the plaintiff filed a claim seeking to foreclose on certain automobiles under the terms of two security agreements. The defendant, by answer, denied the material allegations of the complaint and set up affirmative defenses to the two security agreements. The defendant also counterclaimed alleging the agreement contained Truth in Lending violations, 15 USC § 1601 et seq.

The plaintiff filed an affidavit and moved for summary judgment both as to…