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Real Estate E-Closings: Wave of the Future or a Passing Fad?

OnDemand Webinar (60 minutes)

Gain insight into digital signature solutions and strategies for implementing remote notarization processes.Businesses and consumers are increasingly turning to digital signature and remote online notarization solutions to create a seamless digital ecosystem. The need to support and work in these digital environments has only increased with remote working environments and decreased access to traditional infrastructure for signing, notarizing, and processing transaction documents. These solutions often entail moving from the use of scanned manual signatures to more secure and auditable digital signature solutions. When notarization is needed, remote online notarizations allow businesses to notarize critical documents with clients, vendors, and government entities despite the notary and signer aren't able to be in the same room at the same time. A holistic approach allows businesses to operate seamlessly with remote employees who travel, are located overseas, or during emergencies to facilitate important transactions when face-to-face interactions are not possible. Additional special considerations attach to electronic promissory notes, letters of credit, and chattel paper, where possession of a physical copy of the instrument evidences ownership of the rights embodied in the instrument. The creation of electronic vaults that track possession of the original electronic version of these documents is critical to their enforcement. As with any new process -- especially where technology is used -- businesses must, of course, perform the necessary due diligence and put in place tight policies and procedures before implementing them to ensure compliance with laws and regulations. This program will provide key insights into digital signature solutions and strategies for implementing remote notarization processes, which are needed to enforce digital loan transactions.


Ieuan G. Mahony, Holland & Knight LLP Joshua C. Prever, Holland & Knight LLP


Key Laws on Electronic Signatures

• The Uniform Electronic Transactions Act (UETA)

• The Federal Electronic Signatures in Global and National Commerce Act (E-Sign Act)

• E-Sign Preemption and State Law Variations

• Core Requirements for an Enforceable Electronic Signature

Digital vs. Electronic Signatures

• Using a ‘/s' on a Letter

• Encrypted Digital Signature

• How to Incorporate in Agreements

• Using Digital Signature Service Providers

Remote Online Notarization and Remote Ink Notarization

• What Is Remote Online Notarization and Remote Ink Notarization?

• Why Is It Needed for a Digital Mortgage?

• Key Considerations Before Implementing

• In-House Created RON Program or Leverage an Existing Entity


• Creating an Ecosystem

• E-Vaults

• GSE Adoption

Case Study on Enforcement - Rivera v. Wells Fargo Bank, N.a. et al., 189 So.3d 323 (4th DCA Fla. 2016)

• Facts

• Arguments and Holding

• How to Apply the Holding to Increase Chances of Enforceability