Legal Opinion
Trauner v. First Tennessee Bank National Ass'n (In re Simpson)
United States Bankruptcy Court, N.D. Georgia
Decided February 3, 2016No. CASE NO. 15-56155-WLH; ADVERSARY PROCEEDING NO: 15-05311PublishedCited by 9 opinions
1Opinion of the Court
ORDER
Wendy L. Hagenau, U.S. Bankruptcy Court Judge
This Adversary Proceeding is before the Court on Defendant’s Motion to Dismiss (Docket No. 4) and Plaintiffs Opposition to Defendant’s Motion to Dismiss (Docket No. 6), which are being treated as cross-motions for summary judgment by agreement of the parties. The parties dispute whether a security deed contains the requisite signatures and formalities to comply with Georgia law. The Court holds it does not, the defect in the deed is patent and, under Georgia law, the deed does not provide constructive notice to a bona fide purchaser. The Court…
2Cases cited24 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- John M. HAIRSTON, Plaintiff-Appellant, v. the GAINESVILLE SUN PUBLISHING CO., Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1994
- Leeds Building Products, Inc. v. Sears Mortgage Corp.Supreme Court of Georgia · 1996
- U.S. Bank National Ass'n v. GordonSupreme Court of Georgia · 2011
19 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kelley v. Wells Fargo Bank, N.A. (In re Perry)United States Bankruptcy Court, M.D. Georgia · 2017
- Bargar, Chapter 7 Trustee for the Estate of David v. Rocket Mortgage, LLC f/k/a Quicken Loans, LLCUnited States Bankruptcy Court, N.D. Georgia · 2025
- Foundation of Human Understanding v. Talk Radio Network, Inc.District Court, D. Oregon · 2022
- In re C.N.R.Supreme Court of North Carolina · 2021
- In re C.N.R.Supreme Court of North Carolina · 2021
4 more not listed; retrieve them via the Exa API.