Neil Gordon v. Wells Fargo Bank, N.A.

Filing

Opinion issued by court as to Appellant Wells Fargo Bank, N.A.. Decision: Affirmed. Opinion type: Published. Opinion method: Per Curiam.

Case: 11-14331

Date Filed: 05/22/2013

Page: 1 of 2

[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 11-14331
________________________
D.C. Docket Nos. 1:10-cv-00187-ODE; 08-BKC-06612-JEM
In Re:
DENISE CODRINGTON,
Debtor.
________________________
WELLS FARGO BANK, N.A.,

Plaintiff - Appellant,
versus
NEIL C. GORDON,
Chapter 7 Trustee for the Estate
of Denise Codrington,
Defendant - Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
________________________
(May 22, 2013)

Case: 11-14331

Date Filed: 05/22/2013

Page: 2 of 2

Before TJOFLAT and PRYOR, Circuit Judges, and HUCK,* District Judge.
PER CURIAM:
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 ___ (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.

*

Honorable Paul C. Huck, United States District Judge for the Southern District of
Florida, sitting by designation.

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