Deutsche Bank additionally argued that the Warranty Deed failed to comply with OCGA § 14-5-7 (b) as a result of the phrase "when signed by one officer of the corporation" must be construed as requiring the signature of the company president or vice president. Instruments executed by a corporation releasing a security agreement, when signed by one officer of the corporation or by an individual designated by the officers of the corporation by proper resolution, with out the necessity of the corporation’s seal being connected, shall be conclusive proof that mentioned officer signing is duly authorized to execute and deliver the identical. Washington Mutual Bank F. A. acquired the 2004 Security Deed by project. In contrast, Deutsche Bank argued that JP Morgan was not entitled to such safety because the Warranty Deed was facially irregular in that it misidentified the grantor and didn't comply with OCGA § 14-5-7 (b). JP Morgan’s declare of title to the property was predicated on a 2004 safety deed, while Deutsche Bank’s claim of title was predicated on a 2001 security deed.












Deutsche Bank now appeals the trial court’s grant of JP Morgan’s movement for summary judgment. The trial courtroom granted abstract judgment to JP Morgan, concluding that JP Morgan’s curiosity within the property was superior to and not topic to any curiosity held by Deutsche Bank. Deutsche Bank strongly disputed these arguments, contending that the Warranty Deed was facially irregular, had been solid, and failed to satisfy the statutory requirements for cancellation of a safety deed. A listing that requires costly advertising and marketing and effort should carry some type of cancellation payment to recoup bills in the event that a vendor prematurely ends the listing. In July 2003, a notarized warranty deed from "Indy Mac Bank, F. S. B." to Diaz was recorded which purported to reconvey the Property to Diaz in fee easy (the "Warranty Deed"). The Property was conveyed to Rebecca Diaz by guarantee deed recorded in September 2001. On the same date, Diaz executed and recorded a security deed encumbering the Property in favor of People’s Choice Home Loan, Inc. (the "2001 Security Deed"). You cherished to entertain in your home with family and friends.












Will I be ready to maneuver on, leaving behind my mates and family, or even my work? Move to another state. While the Deutsch Bank, supra, turned on which bank was a bona fide purchaser (BFP) for value, it mostly illustrates the sorry state of affairs of title in a non-judicial foreclosure state. Following the competing foreclosure sales, JP Morgan introduced this motion against Deutsche Bank for declaratory relief and lawyer fees, alleging that its curiosity in the Property was superior to and not topic to any curiosity held by Deutsche Bank. JP Morgan Chase Bank, N. A. commenced this motion in opposition to Deutsche Bank National Trust Company f/okay/a Banker’s Trust Company after the two banks performed competing foreclosure sales of certain actual property in DeKalb County. One of many challenges of our job in the actual property market is sustaining optimism - especially in a period just like the final couple of weeks when a variety of media consideration on the economy seems to be gloomy.












The Warranty Deed was attested by two witnesses, considered one of whom was a notary public. IndyMac Bank, F. S. B. acquired the 2001 Security Deed by project. We conclude that the uncontroverted evidence shows that the 2003 warranty deed was not a forgery, but was signed by someone fraudulently assuming authority, and that JP Morgan was a bona fide purchaser for worth entitled to take the property freed from any excellent safety curiosity held by Deutsche Bank. The case turned on the authorized effect of a notarized guarantee deed recorded in 2003 and on whether or not JP Morgan was a bona fide purchaser for worth primarily based upon the guarantee deed. Alternatively, JP Morgan argued that the uncontroverted evidence showed that it qualified as a bona fide purchaser for value such that it was protected against any outstanding safety curiosity in the Property held by Deutsche Bank. " To qualify as a bona fide purchaser for worth without discover, a social gathering should have neither precise nor constructive notice of the matter at issue." (Citation and punctuation omitted. Article has been created by công ty xây dựng!












1. We affirm the trial court’s grant of summary judgment in favor of JP Morgan as a result of the uncontroverted evidence reveals that JP Morgan was afforded the protection of a bona fide purchaser for value, not topic to any outstanding security interest within the Property held by Deutsche Bank. On movement for summary judgment, JP Morgan argued that it was entitled to safety as a very good religion purchaser because the notarized, recorded Warranty Deed purported to switch the Property again to Diaz, thereby extinguishing the 2001 Security Deed, and there was no motive to suspect a defect in the Warranty Deed calling into query the chain of title. I feel as though it is thầu xây dựng long an efficient matter, because it offers them a chance to brag, or if sales are down, it is a good probability for them to share with you all of the nice offers that are there within the marketplace. Tickets to the local football match, espresso vouchers for a neighborhood coffee shop, film tickets or even hardware retailer vouchers all make nice gifts to help you build your fan base.


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