In re Simpson

544 B.R. 913 (2016)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

In re Simpson

United States Bankruptcy Court for the Northern District of Georgia
544 B.R. 913 (2016)

RW
Play video

Facts

Georgia law required security deeds to be attested or acknowledged before they could be recorded. Attestation referred to an unofficial witness's statement that he or she saw the grantor sign the deed. Acknowledgment referred to the statement of a notary public or other official that the grantor and witness appeared before the official and verified their signatures on the deed. The law required a notary to sign and date any acknowledgment. Tammy Patricia Simpson signed a security deed, and had it witnessed when she took out a home equity loan from the predecessor in interest to First Tennessee Bank National Association (defendant). At the bottom of the deed, Charles Weldon, a notary public, affixed a signed statement that Simpson and the witness appeared before him and verified their signatures. Weldon did not date the statement. Simpson later declared bankruptcy. The bankruptcy trustee (plaintiff) filed an adversary proceeding in federal bankruptcy court, seeking to avoid the security deed on the grounds that the lack of a proper official acknowledgment made the deed "patently defective," even though it had been recorded.

Rule of Law

Issue

Holding and Reasoning (Hagenau, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 748,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 748,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 748,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership