Legal Question in Real Estate Law in Georgia
My HELOC was closed in a Georgia local bank branch in 2007 with an employee of the branch overseeing and explaining the documents being signed. I asked if an attorney was required to perform the closing of a loan and was told by the branch employee that an attorney wasn't required for a HELOC. I looked up my deed in the county records and discovered the branch employee had notarized the deed after I left the bank and the unofficial witness that signed the deed after I left the bank was also a branch employee. No attorney was present at the closing. I now understand that only an attorney can execute a deed of conveyance in Georgia and must perform any loan closing. Is my deed invalid? If so, how do I have it ruled invalid and void? I recently received my Chapter 7 discharge so I am no longer obligated under the note. Can I have this lien removed from my property?
2 Answers from Attorneys
You may have missed a very important opportunity. This matter possibly could have been raised as an adversary proceeding or motion in your bankruptcy. Discuss with your lawyer whether you still could reopen the case to deal with this. I'm amazed that this was not dealt with there. If you filed pro se, you really may have blown a great opportunity, and if you had a lawyer he missed a big "detail." See your lawyer now as to what options may remain.
The facts you stated are not enough to conclude that the lien would be deemed invalid. You should have raised the issue to your BR lawyer, but if you did not then he/she likely would not have known there was a question. Even if the lien was invalid, if it left you with significant equity the Trustee may have taken and sold your house. Call the lawyer to discuss.
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