I realize this is an attorney question, but am hoping that someone might know the legal implications of a recorded Deed of Trust that was signed by the borrowers but not dated or notarized.....settlement agent oversight I suspect. But is the lien in jeopardy? And what can be done about it at this point? This loan closed last October.

Any opinions would be greatly appreciated.

I'm surprised the county even recorded it. The lien is probably not going to be valid. You need to make the settlement agent fix it.

PROPERTY CODE
TITLE 3. PUBLIC RECORDS
CHAPTER 12. RECORDING OF INSTRUMENTS
Sec. 12.001. INSTRUMENTS CONCERNING PROPERTY.

(a) An instrument concerning real or personal property may be recorded if it has been acknowledged, sworn to with a proper jurat, or proved according to law.

(b) An instrument conveying real property may not be recorded unless it is signed and acknowledged or sworn to by the grantor in the presence of two or more credible subscribing witnesses or acknowledged or sworn to before and certified by an officer authorized to take acknowledgements or oaths, as applicable.

(c) This section does not require the acknowledgement or swearing or prohibit the recording of a financing statement, a security agreement filed as a financing statement, or a continuation statement filed for record under the Business & Commerce Code.

(d) The failure of a notary public to attach an official seal to an acknowledgment, a jurat, or other proof taken outside this state but inside the United States or its territories renders the acknowledgment, jurat, or other proof invalid only if the jurisdiction in which the acknowledgment, jurat, or other proof is taken requires the notary public to attach the seal.

I have a friend who actually worked at the county clerk's office, who said they don't check to see if documents are notarized. Somehow, I'm not surprised.

our county will send them back- I guess I should call and thank them.