E-Signatures and Electronic 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 video 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.
Outline
- Introduction to ESIGN and UETA
- Electronic signatures: what are they?
- Electronic notarization
- 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
- Admissibility of electronic signatures and documents into evidence
- State law concerns: UCC and recordable instruments
Benefits
The panel will review these and other key issues:
- What are the legal issues surrounding electronic signatures?
- How do ESIGN, UETA, and the UCC interact, and how does this interaction 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?
Faculty
Brooke Adams
General Counsel and Chief Compliance Officer
Stavvy
Ms. Adams is a subject matter legal expert on remote notarization, electronic mortgages, UETA, and ESIGN. As an... | Read More
Ms. Adams is a subject matter legal expert on remote notarization, electronic mortgages, UETA, and ESIGN. As an accomplished attorney, she comes to Stavvy after nearly nine years with Fannie Mae where she served as the primary legal department representative providing necessary regulatory, compliance, corporate, and governance advice to Fannie Mae while working with its top lenders. Ms. Adams was involved in complex, customer-facing residential mortgage transactions with cross-functional teams helping to draft, review, and negotiate transactional documents with third party customers and internal clients. She was also responsible for risk mitigation and coordinating the response team’s compliance with contractual obligations under government obligations. Prior to her work at Fannie Mae, Ms. Adams was a private equity and venture capital attorney at Weil, Gotshal & Manges LLP and Goodwin Procter LLP.
Close
Elizabeth (Liz) Caires
Senior Attorney
DLA Piper US
Ms. Caires is a technology compliance attorney, with over 20 years' experience advising on the adoption of fully... | Read More
Ms. Caires is a technology compliance attorney, with over 20 years' experience advising on the adoption of fully digital transactions and processes, including the practical application of law to technology platforms used for electronic signatures, in person and remote electronic notarization, and creation and vaulting of digital assets. She advises both technology platform providers and commercial enterprises across various industries with respect to compliance with laws, regulations and industry standards related to electronic signatures and records. Represented industries include technology companies in the electronic contracting or electronic and remote notarization space, as well as commercial entities purchasing such services, such as entities in financial services, FinTech, equipment leasing, mortgage, and other industry sectors.
Close
Wendy Lee
Shareholder, Chair Fintech and AI Practice Group
Buchalter
Ms. Lee has been engaged as a legal executive in mortgage servicing and technology for more than 20 years. She is... | Read More
Ms. Lee has been engaged as a legal executive in mortgage servicing and technology for more than 20 years. She is former EVP and Chief Legal Officer at Sagent, where her focus was providing practical guidance to support the responsible growth and evolution of the company with an eye toward all customers and consumers who have a role in the mortgage servicing ecosystem. Prior to joining Sagent, Ms. Lee built a private practice focused on mortgage servicing and real estate. As both a front-line lawyer and executive leader, she helped grow and shape the culture, internal governance, and customer experience in law firm life. Ms. Lee also has in-house experience, being part of founding teams for a few technology startups and an in-house counsel at a publicly traded bank engaging with servicing operations.
Close