Gordon v. Ameritrust Mortgage Company, LLC (In re Nesbitt); Order on Cross Motions for Summary Judgment. The Court held that the security deed to Ameritrust was avoidable under 11 U.S.C. § 544(a)(3). The instrument was patently defective because the deed lacked an unofficial witness signature. The additional word on the signature block was the notary’s county of residence and not a mark or an illegible signature. Therefore, under Georgia law, the Ameritrust deed did not provide constructive notice to a bona fide purchaser. See O.C.G.A. §§ 44-2-14, 44-14-61.