Washington Mutual Home Loans v. Yearwood (In Re Yearwood)

MEMORANDUM OPINION

JOHN T. LANEY, III, Bankruptcy Judge.

On October 27, 2004, the court held a hearing on Washington Mutual Home Loans’ motion for Relief from the Stay in Valdosta. The Trustee opposed the motion because the security deed lacked an unofficial witness, and thus the Trustee alleged it was unperfected. At the conclusion of the hearing, the court took the matter under advisement. After considering the parties’ briefs and oral arguments, as well as applicable statutory and case law, the court makes the following findings of fact and conclusions of law.

ISSUE

Whether a notarized but…