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IN RE HAGLER

Bankruptcy No. 07-65231. Adversary No. 07-6456.

429 B.R. 42 (2009)

In re Bertha Joanna HAGLER, Debtor. Neil C. Gordon, Trustee, Plaintiff, v. U.S. Bank, National Association, as Trustee, on behalf of Holders of the Home Equity Pass-Through Certificates, Series 2006-1, Defendant.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

December 10, 2009.

Attorney(s) appearing for the Case

J. Thomas Salata, The Law Offices of J. Thomas Salata, Alpharetta, GA, for Debtor.

Michael F. Holbein, Arnall Golden Gregory LLP, Atlanta, GA, for Plaintiff.

Neil C. Gordon, Atlanta, GA, pro se.

J. Ben Vitale, Lewis E. Hassett, Morris, Manning & Martin, L.L.P., Atlanta, GA, for Defendant.

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

JAMES E. MASSEY, Bankruptcy Judge.

The primary issues in this adversary proceeding are (1) whether under Georgia law a deed to secure debt that is unattested but nonetheless filed and recorded by a Superior Court clerk provides constructive notice of the grantee's lien to a bona fide purchaser and (2) whether the label "Georgia — Second...

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