SMATHERS v. FULTON FEDERAL SAV. AND LOAN ASS'N

No. 80-7542.

653 F.2d 977 (1981)

Joy Ellen SMATHERS, Plaintiff-Appellant, v. FULTON FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied November 2, 1981.


Attorney(s) appearing for the Case

Bowen, Derrickson, Goldberg & West, Daniel Dwight Bowen, Atlanta, Ga., for plaintiff-appellant.

Hansell, Post, Brandon & Dorsey, W. Rhett Tanner, Atlanta, Ga., for defendant-appellee.

Before TUTTLE, RONEY and ANDERSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied November 2, 1981.

TUTTLE, Circuit Judge:

This is a Truth in Lending Act case in which the borrower appeals from a summary judgment entered in favor of the lender by the trial court.

The complaint attacks the disclosure statement prepared by the lender in two respects: (1) The statement failed to disclose the fact that the borrower waived her homestead exemption; (2) the statement said: "After-acquired property...

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