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Gordon v. Wells Fargo, N.A. (In re Codrington), AP 08-6612, Doc. #15

Plaintiff trustee was entitled to avoid pursuant to 11 U.S.C. § 544(a)(3) the transfer of real property to a lender because the security deed lacked an unofficial witness and did not provide constructive notice of its existence under Georgia law.  Court rejected argument that amendment to O.C.G.A. § 44-14-33 in 1995 changed Georgia law.  The attestation of the signatures of the borrowers on a waiver of borrower’s rights attached to the partially attested deed would not provide constructive notice of the waiver to a bona fide purchaser having no actual notice, so as to create a duty of inquiry that would lead to the discovery of the partially attested deed.

Date: 
12/10/2009