Legal Opinion
Gordon v. Wells Fargo Bank, N.A. (In re Knight)
United States Bankruptcy Court, N.D. Georgia
Decided January 14, 2014No. Bankruptcy No. 10-89690-WLH; Adversary No. 12-5465-WLHPublishedCited by 9 opinions
1Opinion of the Court
ORDER
WENDY L. HAGENAU, Bankruptcy Judge.
This Adversary Proceeding is before the Court on cross-motions for summary judgment from the Plaintiff and Defendant, both of which address the adequacy of the attestation of a security deed [Doc. Nos. 4 & 13]. Specifically, the parties dispute whether the deed contains the requisite signature qf an unofficial witness (the parties agreeing the requisite official signatures are on the security deed). 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…
2Cases cited12 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
- U.S. Bank National Ass'n v. GordonSupreme Court of Georgia · 2011
- Wells Fargo Bank, N.A. v. GordonSupreme Court of Georgia · 2013
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3Cited by9 opinions
- Trauner v. First Tennessee Bank National Ass'n (In re Simpson)United States Bankruptcy Court, N.D. Georgia · 2016
- Kelley v. Wells Fargo Bank, N.A. (In re Perry)United States Bankruptcy Court, M.D. Georgia · 2017
- Gordon v. OneWest Bank FSB (In re Blackmon)United States Bankruptcy Court, N.D. Georgia · 2014
- Girish Jashvantrai ModiUnited States Bankruptcy Court, N.D. Georgia · 2023
- In re: Kelly Lane Evans; Kelly Lane Evans and Nancy J. Whaley, Chapter 13 Trustee for the Estate of Kelly Evans v. Estate of Alan Betz Kaiser, II, by and through Lindsay Kaiser as Administratrix for the Estate; and Kaiser Homes, LLCUnited States Bankruptcy Court, N.D. Georgia · 2026
4 more not listed; retrieve them via the Exa API.