Court Wins Advance Paperless and e-Closings

  • By rick

  • 25 May, 2016

In a recent article in National Mortgage News reporter Jacob Passy interviews leading digital and financial industry expert and partner with BuckleySandler. 

Two recent court rulings affirmed that lenders can enforce electronically signed and transferred notes, laying important groundwork for wider adoption of electronic mortgage technology that could improve the customer experience for borrowers and save lenders and servicers a bundle.

“Customers in the mortgage industry and companies have been comfortable on the e-disclosure side but less comfortable with the e-note side,” said Margo Tank, a partner at the BuckleySandler law firm.

Two recent court rulings affirmed that lenders can enforce electronically signed and transferred notes, laying important groundwork for wider adoption of electronic mortgage technology that could improve the customer experience for borrowers and save lenders and servicers a bundle.

In separate foreclosure cases in New York and Florida, judges ruled that the electronic transfer histories of loans originated with e-signatures proved the plaintiffs had standing to foreclose. This should help put to rest many of the concerns held by investors about buying loans secured with e-notes, and suggests further clarity may have to come from case law.

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