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U.S. BANK NAT. ASS'N v. GORDON

No. S10Q1564.

709 S.E.2d 258 (2011)

U.S. BANK NATIONAL ASSOCIATION v. GORDON.

Supreme Court of Georgia.

March 25, 2011.

Attorney(s) appearing for the Case

John Benjamin Vitale, Lewis E. Hassett, Morris, Manning & Martin, LLP, Atlanta, for appellant.

Neil C. Gordon, Michael Fredrick Holbein, Arnall, Golden & Gregory LLP, Atlanta, for appellee.

Edward Davison Burch, Jr., Smith, Gambrell & Russell, LLP, William H. Dodson, II, Dodson, Feldman & Dorough, LLP, Craig K. Pendergrast, Taylor, English & Duma LLP, Atlanta, for amici curiae.

NAHMIAS, Justice.

The United States District Court for the Northern District of Georgia has certified a question to this Court regarding the 1995 Amendment to OCGA § 44-14-33. See Ga. L.1995, p. 1076, § 1. The question is whether the 1995 Amendment

means that, in the absence of fraud, a security deed that is actually filed and recorded, and accurately indexed, on the appropriate county land records provides

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