United Companies Lending Corp. v. Autrey

The question presented in this appeal is whether amendments to a section of the Code of Alabama may constitutionally be given retroactive effect "given that these amendments were enacted after the class members' contracts had been consummated, after this lawsuit had been pending more than two years, and after the class had been certified." (Trial court's order, C.R. 1544.) The plaintiffs were charged 8% in points on mortgage loans from United Companies Lending Corporation ("UCLC"), although §5-19-4(g), Ala. Code 1975, prohibited lenders from charging points in excess of 5%. At the time UCLC…