In Barger v. Rocket Mortgage, LLC, Adv. Proc. No. 23-5164-bem, 2025 WL 1416871 (Bankr. N.D. Ga. May 15, 2025), the Chapter 7 Trustee sought to avoid a deed because every letter of the notary’s name was not fully discernible in the signature. The Court previously granted summary judgment to the lender/transferee and the Trustee sought… Continue Reading
In National City Mortgage v. Gordon (In re Bennett), No. 12-13239, 2013 U.S. App. LEXIS 10765 (11th Cir. May 29, 2013) (click here for .pdf), the issue was the validity of a Security Deed that did not contain the signature of “one additional witness,” as required by O.C.G.A. § 44-14-33 and identified a larger tract of… Continue Reading
On February 18, 2013, the Georgia Supreme Court issued its opinion in Wells Fargo Bank. N.A. v. Gordon, No. S12Q2067, 2013 Ga. LEXIS 158 (Feb 18, 2013). The case was certified to the Georgia Supreme Court by the Eleventh Circuit Court of Appeals in In re Codrington, 691 F3d 1336 (11th Cir. 2012) (click here… Continue Reading
