Posts tagged electronic signatures

If a Bank Denies an Electronic Signature, are They Breaking the Law?

Banks/lenders and misunderstanding underwriters and the accompanying systems are the single greatest holdup in the evolution of the real estate from always requiring “wet” signatures” to understanding the electronic signatures are efficient and legal and, as opposed to sixth-generation contracts, legible .

…Legal recognition of electronic records, electronic signatures, and electronic contracts. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, or provides for certain consequences in the absence of a signature, an electronic signature satisfies the law. … I tell my clients why I recommend some and don’t recommend others; they are free to disregard my advice; it’s their decision.

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Electronic Signatures – Not Groundbreaking but Great all the Same

Here’s what happened: Rather than drive around Charlottesville meeting one buyer at work on the south side of town, the other buyer on the north side of town or both of them together after work at another location, I simply emailed them the contract, they clicked the places they needed to sign and initial and they were done.

…Legal recognition of electronic records, electronic signatures, and electronic contracts. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a record to be in writing, an electronic record satisfies the law. (d) If a law requires a signature, or provides for certain consequences in the absence of a signature, an electronic signature satisfies the law. (2000, c.

…FHA does accept DocuSign today As the real estate industry’s leading provider of electronic contract execution, DocuSign has also sought to establish a clear distinction between an electronic mortgage – with process requirements and controls that must be in place at closing – and an electronically signed real estate contract, seeking appropriate treatment of electronically signed real estate contracts by lenders, the FHA, and other “downstream” recipients of these 100% valid and enforceable agreements. … Over the past five years, hundreds of thousands of real estate documents have been electronically signed by buyers and sellers using the DocuSign electronic contract execution platform, and not one of these transactions has failed for fraud or unenforceability arising from use of the electronic signature.

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