IN RE CODRINGTON

Bankruptcy No. 08-70899. Adversary No. 08-6612.

430 B.R. 287 (2009)

In re Denise CODRINGTON, Debtor. Neil C. Gordon, Trustee, Plaintiff, v. Wells Fargo Bank, N.A., Defendant.

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

December 10, 2009.


Attorney(s) appearing for the Case

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

Edward D. Burch, Smith, Gambrell & Russell, LLP, Elizabeth A. George, John D. Schlotter, Aldridge Connors LLP, Atlanta, GA, for Defendant.


ORDER DENYING MOTION OF DEFENDANT FOR SUMMARY JUDGMENT AND GRANTING SUMMARY JUDGMENT TO PLAINTIFF

JAMES E. MASSEY, Bankruptcy Judge.

The issue in this adversary proceeding is whether under Georgia law a filed and recorded deed to secure debt that lacks the signature of an unofficial witness on the deed's signature page provides constructive notice of the grantee's lien to a bona fide purchaser. If it does not, as the Plaintiff contends, the lien asserted...

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