Unable to record trust deed

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rjw1

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I was not able to have a Trust Deed recorded because the notary stamp covered part of his signature. The deed was to secure a promissory note for $62,000 I loaned a friend. His lawyer filled out the papers, and was the notary. (I would think he would know this) He is a year past due but still promises to pay me when he can.
My questions are:
1) If I decided to take him to court, would the papers I have be any good?
2) Should I ask him to redo the trust deed? (I'm not sure I want him to know that I can't record the one I have).
 
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