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Wells Fargo Bank NA v. Gordon

A security deed lacking the signature of an unofficial witness was not in recordable form as required under O.C.G.A. § 44-14-33 and did not provide constructive notice to subsequent bona fide purchasers, even where the deed incorporated a rider containing all the required attestations.

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The United States Court of Appeals for the Eleventh Circuit has certified the following questions to this Court:1

1. Whether a security deed that lacks the signature of an unofficial witness should be considered “duly filed, recorded, and indexed” as required by OCGA §44-14-33, such that a subsequent bona fide purchaser would have constructive notice when the deed incorporates the covenants, terms, and provisions of a rider that contains the attestations required by OCGA §44-14-33 and said rider is filed, recorded, and indexed with the security deed

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