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WELLS FARGO BANK, N.A. v. GORDON

No. S12Q2067.

749 S.E.2d 368 (2013)

292 Ga. 474

WELLS FARGO BANK, N.A. v. GORDON.

Supreme Court of Georgia.

February 18, 2013.

Attorney(s) appearing for the Case

Smith, Gambrell & Russell, Edward D. Burch, Jr. , Edward H. Wasmuth, Jr. , Atlanta, for appellant.

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

BENHAM, Justice.

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 hypothetical bona fide purchaser would have constructive notice when the deed incorporates the covenants...

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