Wells Fargo Bank, N.A. v. Gordon (In re Codrington)
This text of 716 F.3d 1344 (Wells Fargo Bank, N.A. v. Gordon (In re Codrington)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This case returns to us after we certified two questions to the Supreme Court of Georgia. Both involved the boundaries of the attestation requirement of O.C.G.A. § 44-13-33. The reader is referred to our previous certification opinion, Wells Fargo Bank, N.A. v. Gordon, 691 F.3d 1336 (11th Cir.2012).
The Georgia Supreme Court, in an opinion dated February 18, 2013, answered the certified questions. See Wells Fargo Bank, N.A. v. Gordon, 292 Ga. 474, — S.E.2d -, 2013 WL 593514 (Ga. Feb. 18, 2013). The court held that a security deed that was not acknowledged and signed by an unofficial witness was not “duly filed, recorded, and indexed” and did not provide constructive notice to all subsequent bona fide purchasers, regardless of the fact that an attached waiver was attested to by witnesses. The court further held that the attested waiver was insufficient to provide “inquiry notice” to subsequent bona fide purchasers of the existence of the unattested security deed.
Accordingly, the judgment of the District Court is
AFFIRMED.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
716 F.3d 1344, 492 B.R. 964, 2013 WL 2219686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-fargo-bank-na-v-gordon-in-re-codrington-ca11-2013.