Georgia law is well settled that an improperly attested deed does not provide constructive notice to subsequent bona fide purchasers of property interests, even if the defective deed appears in the county registry. Nevertheless, there has been confusion over whether a properly attested document filed and recorded contemporaneously with an improperly attested security deed would provide constructive notice, preventing a bankruptcy trustee from using his or her strong-arm power to avoid the security deed. In Wells Fargo Bank, N.A. v. Gordon (Gordon III), the Georgia Supreme Court laid this question to rest once and for all with a resounding "no."
"The Decline and Fall of Constructive Notice,"
Mercer Law Review: Vol. 65:
4, Article 20.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol65/iss4/20