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LAMAR v. AMERICAN FINANCE SYSTEM OF FULTON CTY., INC.

No. 76-4097.

577 F.2d 953 (1978)

Mary L. LAMAR, Plaintiff-Appellant, v. AMERICAN FINANCE SYSTEM OF FULTON COUNTY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 4, 1978.

Attorney(s) appearing for the Case

Joseph H. King, Jr., Atlanta, Ga., for plaintiff-appellant.

Andrew J. Britton, W. Rhett Tanner, Jerald D. Stubbs, Atlanta, Ga., for defendant-appellee.

Before WISDOM, GOLDBERG, and RUBIN, Circuit Judges,

ALVIN B. RUBIN, Circuit Judge:

The trial court was not only correct but, in some respects, prescient. While the result reached with respect to the issue concerning whether a waiver of homestead exemption is a security interest did not anticipate our later decision in Elzea v. National Bank of Georgia, 5 Cir. 1978, 570 F.2d 1248, the waiver was adequately disclosed albeit in that part of the form captioned "default." This was...

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