ELZEA v. NATIONAL BANK OF GEORGIA

No. 76-2679.

570 F.2d 1248 (1978)

Debby ELZEA, Plaintiff-Appellant, v. NATIONAL BANK OF GEORGIA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 7, 1978.


Attorney(s) appearing for the Case

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

David K. Whatley, Atlanta, Ga., for defendant-appellee.

Before GOLDBERG, GODBOLD and SIMPSON, Circuit Judges.


GODBOLD, Circuit Judge:

The National Bank of Georgia extended consumer credit to Elzea. As part of the credit transaction Elzea assigned to the bank the homestead and exemption provided her by Georgia law so that in the event of her bankruptcy the bank could be paid from exempted property. The bank's disclosure statement said, "This note is also secured by an assignment of [Elzea's] homestead exemption." The district court concluded that the assignment was not a security...

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