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However, the line for the official witness was left blank. In June the Debtor filed a Chapter 7 Bankruptcy. The Bankruptcy Court, in an opinion discussed here , granted judgment in favor of the Trustee.
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If the answer to question one 1 is in the negative, whether such a situation would nonetheless put a subsequent hypothetical bona fide purchaser on inquiry notice? The Court answered both questions in the negative. In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness.
In the absence of fraud, if a mortgage is duly filed, recorded, and indexed on the appropriate county land records, such recordation shall be deemed constructive notice to subsequent bona fide purchasers.
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In a previous case, U. Bank, N.
Gordon, Ga. By attesting a document, an individual signifies that he has witnessed the execution of the particular document. Thus the signature of [the unofficial witness], which appears on the adjustable rate rider, attests to the proper execution of that document only. Although the adjustable rate rider is incorporated into the terms of the deed to secure debt, the deed to secure debt itself remains improperly attested and ineligible for recordation.
As in Fleeman, the attestation of the waiver in this case cannot be substituted for the proper attestation of the security deed. Such a construct would be false and contrary to the purpose of attestation, namely for the witness to verify that the document in question has been executed by the signatories. Allowing a more lenient rule as Wells Fargo urges would likely lead to more complications than it would resolve for lenders, debtors, and subsequent purchasers alike.
As we admonished in U.
How to buy a tax deed at the Fulton County Tax Sale, Atlanta, GA
Bank N. Nearly 3, or To get additional information on properties in Laurens County, conduct a full property search for a detailed report or visit the resource links provided below.
Below you will find resources for Laurens County property records. Search for lien and land records or get more information about recorder of deeds and property tax records.
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