Smith v. CITICORP PERSON-TO-PERSON FINANCIAL CENTERS

This is an appeal from an order of the Circuit Court of Jefferson County granting summary judgment in favor of plaintiff-appellee, Citicorp Person-to-Person Financial Centers, Inc. (hereinafter Citicorp). This case arises from a bill of foreclosure filed by Citicorp against the defendants-appellants, Robert H. Smith and Ruth P. Smith (hereinafter the Smiths) to foreclose on a real estate mortgage securing a loan from Citicorp to the Smiths. In their answer to Citicorp's bill of foreclosure, the Smiths defended and counterclaimed against Citicorp, alleging that Citicorp charged a usurious rate…