In Greer v. Provident Bank, 282 Ga. App. 566, 568 (639 SE2d 377) (2006), Provident Bank loaned a consumer over $ 400,000 to pay off two prior mortgages on a piece of property. Greer, 282 Ga. App. at 567. Unbeknownst to Provident, the consumer had executed a deed on the same property six weeks earlier to secure a $ 35,950 note to Alfa Management. Id. As a result of delay in the county clerk's office, the Alfa lien was not recorded in the public records until after the Provident transaction, and thus, Provident had only constructive knowledge of the Alfa lien at the time. Id. at 567. Upon default, Alfa foreclosed on the property, and Provident sought equitable subrogation against the purchasing party. The Court rejected the argument that the purchaser was a "bona fide purchaser" because at the time of Alfa's foreclosure sale, the two original security liens were still on the record -- they had never been cancelled -- and the foreclosure sale was made subject to "'any other open indebtedness on any prior (liens) of record.'" Id. at 569. And the purchaser "was aware that another lender may have satisfied the prior liens, and also knew it was unusual for a lender not to have satisfied the third position Alfa lien." Id. at 570. The Court held that under the circumstances, there was an issue of fact as to whether the purchaser was on constructive notice of Provident's claim of equitable subrogation. Id. at 568-569.