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Date: 04-07-2022
Case Style:
Case Number: 20-13615
Judge: Grant
Court: United States Court of Appeals for the Eleventh Circuit on appeal from the Northern District of Georgia (Fulton County)
Plaintiff's Attorney:
Defendant's Attorney: Not available
Description: Atlanta, Georgia bankruptcy lawyer represent bankrupt seeking to discharge her debts.
Georgia property law includes a remedial statute that gives those holding defective deeds a chance to cure them. Here two loan companies argue that they have produced what the statute requires to save a problematic deed: an affidavit from a “subscribing witness.”
That term, we conclude, describes only witnesses who attest a deed and not those who are merely involved in its acknowledgment. Here the loan companies concede that the attorney who produced the affidavit they rely on did not attest the deed and only certified its acknowledgment.
Outcome: Reversed.
Plaintiff's Experts:
Defendant's Experts:
Comments: