In re Simpson
United States Bankruptcy Court for the Northern District of Georgia
544 B.R. 913 (2016)
Tammy Simpson signed a security deed for a home equity loan from First Tennessee Bank's predecessor, with notary Charles Weldon affixing a signed but undated statement acknowledging that Simpson and her witness appeared before him and verified their signatures, rather than an attestation that he witnessed the signing itself; Georgia law required such acknowledgments to be dated. After Simpson's bankruptcy, the trustee (plaintiff) sought to avoid the recorded security deed as patently defective for lacking that required date.
Whether a recorded security deed is patently defective, and therefore avoidable by a bankruptcy trustee, when the notary's acknowledgment statement lacks a required date.