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JONES v. COMMUNITY LOAN & INV. CORP. OF FULTON CTY.

Nos. 74-3586, 74-3975, 74-4183.

526 F.2d 642 (1976)

Rose E. JONES, Plaintiff-Appellant, v. COMMUNITY LOAN & INVESTMENT CORPORATION OF FULTON COUNTY, Defendant-Appellee. Homer Lee SLATTER, Plaintiff-Appellant, v. AETNA FINANCE COMPANY, Defendant-Appellee. Deleaner HAMMOND, Plaintiff-Appellant, v. PUBLIC FINANCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 30, 1976.

Attorney(s) appearing for the Case

David G. Crockett, Atlanta, Ga., for Rose E. Jones.

E. Lund Baety, Atlanta, Ga., for Homer Lee Slatter and Deleaner Hammond.

Sewell K. Loggins, Douglas N. Campbell, Robert N. Dokson, Robert E. Stagg, Jr., Myron N. Kramer, Atlanta, Ga., for Beneficial Finance amici curiae.

F. Carlton King, Jr., W. Rhett Tanner, Atlanta, Ga., for Community Loan & Inv.

J. Norwood Jones, Jr., Lewis N. Jones, Atlanta, Ga., for Aetna Finance Co.

Allen I. Hirsch, Atlanta, Ga., for Public Finance Corp.

Before TUTTLE, THORNBERRY and CLARK, Circuit Judges.

CLARK, Circuit Judge:

The appeals in these consolidated Regulation Z Truth-in-Lending cases turn on whether the statutory loan fees imposed pursuant to Georgia law were required to be disclosed as "prepaid finance charges." To resolve the issue we must harmonize the federal statutory scheme, its implementing regulations and the applicable Georgia statutes. Because these loan fees were fully earned at the time the loans were made, Regulation Z required that they be...

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