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SMITH v. HIGHLAND BANK

No. 96-6159 Non-Argument Calendar.

108 F.3d 1325 (1997)

Suzan L. SMITH, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. HIGHLAND BANK, Molton Allen & Williams, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 27, 1997.

Attorney(s) appearing for the Case

W. Lewis Garrison, Jr., Jackson Garrison & Sumrall, P.C., Birmingham, AL, Barry G. Reed, Robert R. Hopper, Zimmerman Reed, Minneapolis, MN, for plaintiff-appellant.

W. Michael Atchison, Thomas Dazzio, Starnes & Atchison, Birmingham, AL, Lee H. Zell, Balch & Bingham, Birmingham, AL, David J. Butler, Tacie Yoon, Swidler & Berlin, Washington, DC, for defendants-appellees.

Before ANDERSON and BLACK, Circuit Judges, and KRAVITCH, Senior Circuit Judge.

PER CURIAM:

Suzan Smith and members of the plaintiff class allege that Highland Bank ("Highland"), as creditor, and Molton Allen & Williams ("MAW"), as Highland's assignee, violated the Truth In Lending Act ("TILA") in handling their mortgages. The district court granted summary judgment to Highland and MAW. We affirm.

Under TILA, a debtor may rescind a mortgage "until midnight of the third business day following the consummation of the transaction or...

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