In Barger v. Rocket Mortgage, LLC, Adv. Proc. No. 23-5164-bem, 2025 WL 1416871 (Bankr. N.D. Ga. May 15, 2025), the Chapter 7 Trustee sought to avoid a deed because every letter of the notary’s name was not fully discernible in the signature. The Court previously granted summary judgment to the lender/transferee and the Trustee sought reconsideration, contending that the Court erred in its interpretation of the Exact Name requirement in O.C.G.A. §45-17-8.1(a). Judge Ellis-Monro denied the Motion.
“[I]n documenting a notarial act, a notary public shall sign on the notarial certification, by hand in ink, only and exactly the name indicated on the notary’s commission and shall record on the notarial certification the exact date of the notarial act.”
O.C.G.A. § 45-17-8.1(a).
The Court found that the statute does not impose a legibility requirement or a “directive as to the quality of the signature or the discernibility of each letter in the signature.”
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