First National Bank in Lemmon v. Felt

398 N.W.2d 750, 1987 S.D. LEXIS 200
CourtSouth Dakota Supreme Court
DecidedJanuary 7, 1987
DocketNo. 15352
StatusPublished

This text of 398 N.W.2d 750 (First National Bank in Lemmon v. Felt) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
First National Bank in Lemmon v. Felt, 398 N.W.2d 750, 1987 S.D. LEXIS 200 (S.D. 1987).

Opinion

HENDERSON, Justice.

PROCEDURAL BACKGROUND

Plaintiff-appellee, First National Bank in Lemmon (Bank) commenced suit against defendants-appellants, Iven and Wilma Felt (Felts) in July 1982 to recover on six promissory notes. In the Fall of 1984, the circuit court granted the Bank’s Motion for Summary Judgment which inter alia dismissed the Felts’ contention that the Bank failed to comply with the Federal Truth in Lending Act (Act) (15 U.S.C. § 1601, et seq.). The Felts appealed to this Court. On May 22, 1985, we remanded the case back to the trial court. The remand issue was the applicability of the Act to four promissory notes: B, ,D, E, and F. On remand, the circuit court decided that the Act accorded the Felts no relief on any of the four notes. Iven Felt, whose wife Wilma recently died, now appeals on the applicability of the Federal Truth in Lending Act to the four promissory notes. We affirm.

FACTS

We refer to the facts in our prior opinion, First Nat’l Bank v. Felt, 368 N.W.2d 588, 589-90 (S.D.1985) {Felt I). Recapitulating, we affirmed the trial court on the issue of the Felts’ underlying liability on all six promissory notes (labeled A-F). Summary judgment was fully affirmed regarding notes A and C. Notes A and C were not covered by the Federal Truth in Lending Act as they exceeded $25,000. 15 U.S.C. § 1601, et seq. In sum, this Court found that the Act might apply to notes B ($25,-000), D ($7,000), E ($3,500), and F ($15,300) because they did not exceed $25,000 and were covered by the pre-October 1, 1982, version of the law. We decided that the trial court’s Order Granting Summary Judgment denied the Felts the opportunity to establish their right to remedies provided by § 1640 of the Act. Thus, the case was remanded “to the Circuit Court for further proceedings” to determine the Felts’ eligibility for relief under § 1640 of the Act.

A remand hearing was held on December 5, 1985, in Perkins County, the Honorable Robert L. Tschetter presiding. On March 5, 1986, a Memorandum Decision was filed. The circuit court determined that notes B, D, and E, all executed in 1981, necessitated analysis of the Act. However, the Court [752]*752ruled that the Felts were not entitled to relief under the Act due to its amendment by the Truth in Lending Simplification and Reform Act (Simplification Act) plus the related interplay of the Federal Reserve Board’s “Regulation Z.” Concerning note F, the court determined that the Truth in Lending Act was applicable, but that disclosure requirements were satisfied. Thus, the circuit court concluded that the Felts were not entitled to remedies for any of the notes B, D, E, and F, as provided in 15 U.S.C. § 1640 of the Truth in Lending Act.

DECISION

Our attention will focus on notes B, D, E, and F. Because the amounts and execution dates of the notes are crucial, that information is detailed below.

(1) Note B — $25,000, dated May 4, 1981
(2) Note D — $7,000, dated May 16, 1981
(3) Note E — $3,500, dated June 8, 1981
(4) Note F — $15,300, dated July 13, 1979

Before October 1, 1980, the Truth in Lending Act (15 U.S.C. § 1603) appeared as below.

This subchapter does not apply to the following:
(1) Credit transactions involving extension of credit for business or commercial purposes, or to government or governmental agencies or instrumentalities, or to organizations.
(2) Transactions in securities or commodities accounts by a broker-dealer registered with the Securities and Exchange Commission.
(3) Credit transactions, other than real property transactions, in which the total amount to be financed exceeds $25,000.
(4) Transactions under public utility tariffs, if the Board determines that a State regulatory body regulates the charges for the public utility services involved, the charges for delayed payment, and any discount allowed for early payment.
(5) Credit transactions primarily for agricultural purposes in which the total amount to be financed exceeds $25,-000. (Emphasis mine.)

On March 31, 1980, the Truth in Lending Simplification and Reform Act in effect amended subsection one of the above section. New 15 U.S.C. § 1603(1) stated: “This subchapter does not apply to ... [cjredit transactions involving extensions of credit primarily for business, commercial, or agricultural purposes, or to government or governmental agencies or instru-mentalities, or to organizations.” (Emphasis added.) Section 5 of the above statute was omitted altogether. The effective date of this Amendment was October 1, 1982. At first blush, the Felts’ four notes, all dated before October 1982, would all be subject to the Truth in Lending Act.

However, another provision was added when the Simplification Act was signed into law (on. March 31, 1980). That provision “allow[ed] any creditor to comply with any amendments, in accordance with the regulations, forms, and clauses prescribed by the Board prior to such effective date.” (October 1, 1982.) Act of March 31, 1980, Pub.L. No. 96-221, 94 Stat. 184. The Board in the previous quote is the Federal Reserve Board of Governors. 15 U.S.C. § 1602(b).

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Related

Ford Motor Credit Co. v. Milhollin
444 U.S. 555 (Supreme Court, 1980)
First National Bank v. Felt
368 N.W.2d 588 (South Dakota Supreme Court, 1985)

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Bluebook (online)
398 N.W.2d 750, 1987 S.D. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-in-lemmon-v-felt-sd-1987.