Virtual Real Estate Closings: Verification, E-Signature, Remote Notarization, Best Practices and Procedures

Recording of a 90-minute premium CLE webinar with Q&A


Conducted on Tuesday, July 7, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide real estate attorneys with current guidance on the changes related to closings in a social distancing environment. As several states have eased regulations regarding closings, counsel must clarify what is required, as well as best practices related to verification of parties, e-signatures, and remote notarization while complying with the requirements of lenders and title insurance companies.

Description

Shelter in place and social distancing caused states to ease restrictions on requirements for in-person real estate closings. Although some practitioners regularly use remote closings, the COVID-19 world requires this to be the rule rather than the exception. Counsel must meet the needs of all parties to the transaction: the buyer, seller, lender, and insurance company.

Closing attorneys must always be vigilant in their review of due diligence, but virtual transactions create the potential for increased fraud. Examination of both the documentation from organizational documents to title commitments is essential. Attorneys should prepare to question and screen the reasoning behind omissions and exceptions not previously considered to meet the requirements of lenders and title insurers.

Counsel should discuss with parties the use of technology, the limitations of privilege, and the pros and cons of conducting a closing utilizing one of the video conference platforms.

Although closing with original signatures may prove impractical and/or result in delays to the closing process, attorneys must determine if their clients will accept "electronic signatures." Additionally, many states have provided a new option of remote notarization in limited circumstances. Given the rapidly shifting environment, counsel must comply with new state law and meet the requirements from the title company insuring the transaction regarding the recordability of such documents based on the local governments' potentially changed policies.

Listen as our expert panel provides best practices and procedures for conducting a virtual real estate closing that mitigates the risk of claims by buyers, sellers, lenders, or insurance companies.

READ MORE

Outline

  1. Verification of parties and documents
    1. Addressing potential fraud
    2. Handling title insurance requirements
  2. Technology
    1. Virtual options
    2. Agreement of parties/requirements
  3. E-signatures
    1. State restrictions
    2. Title insurance requirements
  4. Remote notarization
    1. State changes and limitations
  5. Best practices and procedures

Benefits

The panel will review these and other key issues:

  • Determining what the parties require for a closing to be insured and lender approved
  • Vetting documentation and when to question missing information
  • Choosing the best technological format for a virtual closing
  • Ensuring that e-signatures and remote notarization is valid in each state where the transaction is taking place
  • Best practices and procedures for conducting a virtual real estate closing

Faculty

Brandi, Enza
Enza Brandi

Founder
The Enza Brandi Law Firm

Ms. Brandi concentrates her practice in the areas of foreclosure defense, real estate, commercial litigation and...  |  Read More

Stovall, Cynthia
Cynthia M. (Cyndi) Stovall

Member
Sherman & Howard

Ms. Stovall assists clients in navigating complex transactional, development, financing and operational matters over...  |  Read More

Wagner, Peter
Peter J. Wagner

Attorney
The Law Office of Peter J. Wagner

Mr. Wagner worked as in-house counsel for lenders and servicers in the mortgage industry and represented consumers in a...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

$347

Download

$347