Gregory v. Federal Land Bank of Jackson

515 So. 2d 1200, 1987 Miss. LEXIS 2924, 1987 WL 20621
CourtMississippi Supreme Court
DecidedNovember 25, 1987
Docket57292
StatusPublished
Cited by1 cases

This text of 515 So. 2d 1200 (Gregory v. Federal Land Bank of Jackson) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gregory v. Federal Land Bank of Jackson, 515 So. 2d 1200, 1987 Miss. LEXIS 2924, 1987 WL 20621 (Mich. 1987).

Opinion

515 So.2d 1200 (1987)

Earl Jackson GREGORY, Jr.
v.
FEDERAL LAND BANK OF JACKSON.

No. 57292.

Supreme Court of Mississippi.

November 25, 1987.

*1201 Gary L. Carnathan, Carnathan, Malski & Ford, Tupelo, for appellant.

Lawrence E. Allison, Jr., Brunini, Grantham, Grower & Hewes, Jackson, Rex F. Sanderson, Houston, Roger K. Meagher, Jackson, for appellee.

Before ROY NOBLE LEE, C.J., and ROBERTSON and GRIFFIN, JJ.

ROBERTSON, Justice, for the Court:

I.

Of late, life has not been kind to this nation's farmers, Mississippi's being no exception. Debt defeated the Monroe County farmer who today seeks to invalidate foreclosure of his land and secure other relief from his creditor the Federal Land Bank. For better or for worse, our law affords him no more favor than the fates. We affirm.

II.

A.

Earl Jackson Gregory, Jr., was born on the farm. In 1967 he purchased fifteen acres of Monroe County farmland. Over the years he added to his holdings, ultimately acquiring some 992 acres — a large main tract where the shop and grain bins were located plus two separate 70-acre tracts. Gregory's debt rose, too. In early 1980 Gregory was past due on his loan with Northeast Mississippi Production Credit System to the tune of almost $300,000. On top of that he owed the Federal Land Bank of New Orleans (now Federal Land Bank of Jackson) (hereinafter "FLB") some $250,000. All Gregory could do was tread water and try to refinance.

On April 30, 1980, Gregory applied to FLB for a loan of $580,000. His loan application stated that his primary occupation was farming, and that his "overall agricultural operation" included 1,092 acres of which he owned 992 acres. Under the heading "Loan Purpose Profile," Gregory requested to borrow $250,000.00 to liquidate or refinance a prior FLB loan, $300,000.00 for refinancing a non-real estate loan, and $30,000.00 to buy stock in the Farm Credit Association and to pay closing costs. Finally, Gregory stated in his loan application: "The total loan purpose is considered to be primarily for agricultural purposes: Yes X No ____."

The loan was approved and then closed on June 20, 1980. On that date, Gregory executed and delivered to FLB a promissory note for $580,000.00 and, as well, a deed of trust covering the lands in Monroe County that are the subject of this dispute. At the land closing, Gregory signed a loan disbursement statement showing that the proceeds were distributed as follows:

  (a) Capitol stock in the association          $ 29,000.00
  (b) To liquidate prior FLB loan                247,392.24
*1202  (c) To Gregory and Northeast Mississippi
      Production Credit System [also a part of
      the Farm Credit Association]              $299,528.71
  (d) To Gregory and John Sibley                   2,750.00
  (e) To the Association                           1,329.05
                                                ___________
                                                $580,000.00

On the disbursement statement Gregory acknowledged that the loan purpose had not changed from that reflected on the loan application.

As fate would have it, Gregory fell into arrears on this new loan and later defaulted. In early September, 1984, the FLB commenced foreclosure. Sale was held on October 5, 1984, at which time the FLB submitted the highest bid and a Trustee's Deed was drawn up conveying the lands to the FLB. However, Gregory refused to vacate the lands, apparently concerned for crops still in the fields.

B.

On January 8, 1985, the FLB filed suit against Gregory seeking to remove Gregory from what used to be his property plus damages for his holding over. Gregory answered and asserted a counterclaim under the Truth In Lending Act. On March 20, 1985, the FLB moved for summary judgment, which was granted on September 24, 1985. An evidentiary hearing on damages was held on October 21, 1985, and on October 24, 1985, the Circuit Court awarded $17,000.00 to the FLB for damages and attorneys fees and directed the Sheriff of Monroe County to place the FLB in immediate possession of the land.

From this judgment, Gregory appeals, assigning the following as error:

(1) The lower court erred in granting Appellee's motion for summary judgment and granting Appellee possession of the property in question.

(2) The lower court erred in the assessment of damages from Appellant to Appellee.

III.

A.

Gregory first argues that the foreclosure was ineffective because the acknowledgment on the substitution of trustee was invalid. It appears that on July 18, 1984, the FLB executed an instrument substituting Rex Sanderson as trustee in the June 20, 1980, deed of trust. The substitution instrument was signed, notarized and on the 8th of August, 1984, recorded. Gregory claims that FLB's corporate officer failed to state that he signed and delivered the document "for and on behalf of corporate holder after first being duly authorized to do so."

In White v. Delta Foundation, Inc., 481 So.2d 329 (Miss. 1985), we held that any official acknowledgment of a corporate document to be filed for public record should make clear that it is the corporation that is executing the document and that this is being done by and through an authorized officer. White, 481 So.2d at 333. See also Griffis v. Martin Oil Co., 127 Miss. 606, 609-10, 90 So. 324, 325 (1922); Federal Land Bank of Jackson v. Kennedy, 662 F. Supp. 787, 791 (N.D.Miss. 1987).

The substitution of trustee before us reflects on its face that W. Bryan Babin signed and delivered the same "as Vice President, Secretary and General Counsel of the Federal Land Bank of New Orleans, a corporation." This language suggests to us quite plainly that Babin was acting as a corporate officer and not in his individual capacity. This is sufficient. That additional language may have made the point more clear does not mean that it is not clear. The assignment of error is denied.

B.

Gregory asserts the Federal Truth In Lending Act, 15 U.S.C. § 1601, et seq. in support of his next challenge to the legal effectiveness of the foreclosure sale. He argues that the transaction was not one primarily for agricultural purposes and thus excluded from the Truth In Lending Act, as FLB contends. Instead, the 1980 loan was needed "to prevent ultimate foreclosure by PCA and to obtain money to buy a house." Gregory cites Anderson v. Lester, 382 So.2d 1019 (La. App. 1980), as a case in which the Court looked to the primary purpose of the debtor in procuring the loan *1203 to determine whether or not it was exempted from the Federal Truth In Lending Act.

To be sure, the Truth In Lending Act is one of those federal enactments which is subject to a regime of concurrent federal and state jurisdiction. Truth In Lending claims and defenses are well within the competency of our courts. Brown v. Credit Center, Inc. 444 So.2d 358, 366 (Miss. 1983); Ray v. Acme Finance Corp., 367 So.2d 186, 188 (Miss. 1979); Lewis v. Delta Loans, Inc., 300 So.2d 142 (Miss. 1974).

The short answer, however, to Gregory's Truth In Lending (TIL) defense is that this was and is an agricultural purpose transaction and as such is exempt from the provisions of the Truth in Lending Act altogether. Federal Land Bank of Jackson v. Kennedy, 662 F. Supp. 787, 790 (N.D.Miss. 1987).

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Related

Morton v. Resolution Trust Corp.
918 F. Supp. 985 (S.D. Mississippi, 1995)

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515 So. 2d 1200, 1987 Miss. LEXIS 2924, 1987 WL 20621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregory-v-federal-land-bank-of-jackson-miss-1987.