E-Signatures and Electronic Loan Documentation in Real Estate Finance: ESIGN and UETA, Interplay With UCC
Enforceability, Authentication and Admissibility; MERS and Transferability
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will examine recent developments in using eNotes and other electronic mortgage loan documentation. The panel will discuss the Electronic Signatures in Global and National Commerce (ESIGN) Act, Uniform Electronic Transactions Act (UETA), the MERS registry, and legal and practical issues, including authentication of electronic signatures, transferability and the admissibility of eNotes in litigation.
Outline
- Introduction to ESIGN and UETA
- Electronic signatures—what are they?
- Remote Notarization
- Pre-electronic signature law—ensuring validity
- MERS—mortgage industry infrastructure established to support eNotes
- Creating and transferring ownership of eNotes
- Post-closing—the role of the document custodian for electronic files
- State law concerns—UCC and recordable instruments
- Admissibility of electronic signatures and documents into evidence
Benefits
The panel will review these and other key issues:
- What are the legal issues surrounding electronic signatures?
- What is the interplay between ESIGN and UETA and the UCC, and how does this affect various agreements of the loan package?
- What is the role of MERS and the custodian, and can electronic mortgages be recorded?
- What enforceability, authentication and admissibility challenges do counsel face in litigation involving electronic loan documents?
Faculty
Margo H.K. Tank
Partner
DLA Piper
Ms. Tank's practice focuses on the intersection of financial services, technology, and government enforcement. She... | Read More
Ms. Tank's practice focuses on the intersection of financial services, technology, and government enforcement. She advises traditional financial services companies, as well as technology companies on the full spectrum of regulatory compliance matters related to the use of electronic signatures and records to enable digital financial services transactions offered online and via mobile devices. She also advises businesses on laws enabling money transmission and virtual currencies, emerging payments mechanisms including prepaid cards, stored value and other asset value transfers utilizing blockchain technology. She also advises clients on laws related to privacy and data security surrounding electronic financial services and payments matters.
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R. David Whitaker
Partner
DLA Piper
Mr. Whitaker advises traditional and emerging financial services companies in transactional, legal, and regulatory... | Read More
Mr. Whitaker advises traditional and emerging financial services companies in transactional, legal, and regulatory matters, particularly those related to digital financial services, including electronic signatures, records, and payments. His expertise is based on decades of in-house experience and deep knowledge of the structures, implementation platforms, and processes that conform to the requirements of the Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA), federal and state payments law, other applicable state and federal laws, and various industry standards. He participated in the drafting of the Uniform Electronic Transactions Act where he chaired the Task Force on Scope and served as reporter for the Task Force, and advised industry participants on the creation and drafting of the federal Electronic Signatures in Global and National Commerce Act.
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