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FARMER v. HYPO HOLDINGS, INC.

1940610.

675 So.2d 387 (1996)

Billy FARMER and Judy Farmer v. HYPO HOLDINGS, INC.

Supreme Court of Alabama.

February 9, 1996.

Attorney(s) appearing for the Case

Roger Killian, Fort Payne, for Appellants.

Bruce F. Rogers of Bainbridge, Mims, Rogers & Smith, Birmingham, for appellee.

Garve Ivey, Jr., Jasper, and Barry A. Ragsdale, Birmingham, for amicus curiae Alabama Trial Lawyers Association.

H. Hampton Boles, Michael L. Edwards and Gregory C. Cook of Balch & Bingham, Birmingham, and Laurence D. Vinson, Jr. of Bradley, Arant, Rose & White, Birmingham, for amici curiae Alabama Bankers Association, Automobile Dealers Ass'n of Alabama, Inc. and Alabama Retail Ass'n.

Scott Corscadden, Deputy Atty. Gen., for amicus curiae Alabama State Banking Department.

On Application for Rehearing

BUTTS, Justice.

The opinion of November 9, 1995, is withdrawn and the following opinion is substituted therefor.

The plaintiffs, Billy Farmer and his wife Judy Farmer, appeal from a summary judgment entered in favor of the defendant Hypo Holdings, Inc., on the Farmers' claim seeking a judgment declaring that a note and mortgage on their residence was void and unenforceable.

I.

On June 20, 1984...

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