Did an In-Family Refinance and Forgot to Notarize Deed: How to Fix and Record

[cantare]

My question involves a mortgage in the state of: Colorado

Investment property (SFR) in CO; wife & I acquired in '05 with a bank-held 1st mortgage. In mid-2010, we refinanced this loan with our private family trust as new lender. In mid-July the Trustee wired the $ to pay off the bank, and a new note & securing deed of trust were drafted and executed August 1. (We're in CA and the Trust is established in MI, if that makes any difference.)

Thus far all payments have been made as agreed in the note, and both we and the family trust plan to report the interest outlay/income on 2010 taxes.

So, what's the problem? Some complete idiot (read: me) neglected to notarize the deed at time of signing! I became aware of this omission only recently, when the county clerk in Colorado rejected it for lack of notary seal and returned the document unrecorded.

How best to rectify this? I know it's illegal to simply "back-date" the notarization, even assuming I could find a notary who'd take that risk. But can we notarize the original August-dated deed now, by re-attesting to the validity of our signatures? Or should we just execute another identically-worded deed bearing the current date, and record that instead? (We aren't racing any other lien-filers, afaik...)

[flyingron]

Just date and sign it as of when you can get the notary seal and send that in to record. You can leave the effective dates of the loan as they were.

[cantare]

Ron,
a hearty and much-belated thanks for your helpful response! I'm following your advice.