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Real estate transactions in Colorado are still closing via electronic signatures, electronic recording and remote notarizing.  The recent need to avoid social engagement has not prevented real estate transactions and loans from occurring.  Many of the technologies that allow deals to close in spite of social distancing are not new.  The new world has prompted us to make these concepts mainstream.  These technologies are:

  • E-signature.  Most documents involved in real estate transactions may be validly executed using electronic signature.   
  • E-notary.  Remote notarization is not normally permitted in Colorado.  However, due to stay at home order, remote notarization is permitted pursuant to specific guidelines until April 30th.  It will presumably be extended in the event stay at home order is extended.  
  • E-Recording. Race notice is still the law in Colorado.  At this time, most clerk and recorder offices remain open on a limited basis to continue to record documents.  E-recording provides at least a time stamp for establishing priority.  Most title companies are continuing to issue gap coverage during this period. 
  • Couriers.  Sometimes an original signature will be necessary.  A document like a promissory note still requires an original signature.  Plan ahead.  This can still be delivered to the title company, lender or appropriate party be by FEDED, UPS, USPS or other carrier.

Is the stay at home order delaying your transaction? There may be a solution.  Contact my office to discuss closing your deal.