Gordon v. U.S. Bank, National Ass'n (In Re Hagler)

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS MOTION FOR SUMMARY JUDGMENT

JAMES E. MASSEY, Bankruptcy Judge.

The primary issues in this adversary proceeding are (1) whether under Georgia law a deed to secure debt that is unattested but nonetheless filed and recorded by a Superior Court clerk provides constructive notice of the grantee’s lien to a bona fide purchaser and (2) whether the label “Georgia-Second Mortgage” in a footer on the bottom of the first page of a properly attested security deed excites attention so as to put a bona fide purchaser on a duty of…