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TAYLOR v. CITIZENS FEDERAL SAV. AND LOAN ASS'N

No. 87-7406.

846 F.2d 1320 (1988)

Leo TAYLOR; Bernice E. Taylor, individually and on behalf of a class of individuals which is comprised of subclasses seeking relief for the violations of the Homeowners Loan Act of 1933, the conversion of the interest portion of prepayments made under loans with the defendant, and the excess deductions made to the escrow accounts and interest thereon, Plaintiffs-Appellants, v. CITIZENS FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 13, 1988.

Attorney(s) appearing for the Case

Najjar, Denaburg, Meyerson, Zarzaur, Max, Boyd & Schwartz, Marvin L. Stewart, Jr., Rodney A. Max, Thomas C. Najjar, Jr., Birmingham, Ala., for plaintiffs-appellants.

Susan Blalock Anderson, Sirote, Permutt, McDermott, Slepian, Friend, Friedman, Held & Apolinsky, P.C., Birmingham, Ala., for defendant-appellee.

Before KRAVITCH, Circuit Judge, HENDERSON and HENLEY, Senior Circuit Judges.

HENLEY, Senior Circuit Judge:

Leo and Bernice E. Taylor filed this suit on behalf of themselves and a putative class of persons holding mortgage loans against the Citizens Federal Savings and Loan Association, seeking compensatory and punitive damages for alleged violations of the Home Owners' Loan Act of 1933 (HOLA), 12 U.S.C. §§ 1461 to 1468. Plaintiff Leo Taylor died after suit was filed, leaving Bernice E. Taylor as the only named plaintiff.

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