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 premium CLE webinar with Q&A
This CLE course will examine the legality of electronic signatures and digital documents generally, as well as 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 the authentication of electronic signatures, transferability, and the admissibility of eNotes in litigation.
- Introduction to ESIGN and UETA
- Electronic signatures: what are they?
- Remote notarization
- Pre-electronic signature law: esuring 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
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 impact 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?
Ankush R. Israni
Stroock & Stroock & Lavan
Mr. Israni advises on a broad range of commercial real estate matters, including joint ventures, senior debt and... | Read More
Mr. Israni advises on a broad range of commercial real estate matters, including joint ventures, senior debt and mezzanine financing, purchase and sale, loan sale agreements, fintech issues and leases. He represents institutional and non-institutional investors, including private equity funds, real estate investment companies and real estate investment trusts, in all aspects of transactions and property management. Most recently, Mr. Israni served as a deputy general counsel for an award-winning investment platform focused on real estate debt.Close
Andrei D. Tsygankov
Mr. Tsygankov’s primary specialization is Mergers & Acquisitions, Corporate Law, and Intellectual Property... | Read More
Mr. Tsygankov’s primary specialization is Mergers & Acquisitions, Corporate Law, and Intellectual Property Law, including: IP Licensing, Software Licensing, and Trademark Prosecution. He enjoys navigating complex, multi-faceted transactions to build stable, understandable, and effective deal structures for clients.Close