Synovus Bank d/b/a First Community Bank of Tifton v. Kelley
Annotate this CaseThe United States District Court for the Middle District of Georgia certified two questions to the Georgia Supreme Court regarding the timing under Georgia law when a lien is created on the title of real property as between a judgment creditor and a judgment debtor: at the time the judgment is entered or at the time the writ of fieri facias on that judgment is recorded. "This timing makes a difference under federal bankruptcy law because certain transfers of the bankrupt debtor’s property may be avoided if they occur within 90 days of the filing of the bankruptcy petition." The Supreme Court responded to the district court that under Georgia law, as between the judgment creditor and judgment debtor, a lien on the title to real property is not created until the judgment is recorded, that the date of that lien is the date of recording, and the date of the lien does not relate back to the date the judgment was entered.
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