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Advocates
for eliminating paper-intensive commercial loan closings
and migrating to eMortgages believe that all parties
involved will benefit from the changes - lenders, borrowers,
investors and mortgage-industry service providers. Improvements
in operational efficiencies are being touted as the
main drivers, meaning lower costs, more liquidity and
higher profitability
Changing
an entire industry is never easy. Especially when you
are trying to convince lenders the deal is legal even
if they haven't touched the physical promissory note
and mortgage or checked the ink on both documents to
see if they are original documents.
But
even greater than overcoming the industry's hesitancy
about not being able to rely on physical documents they
can lock away in a filing cabinet, is the reluctance
companies have about changing underlying business processes.
And moving to eMortgages would create a need to change
because the paperless concept encompasses a variety
of activities such as:
According
to James Cooke, an attorney for Ballard Spahr Andrews
& Ingersoll, and the co-chair of MISMO's Commercial
eMortgage Workgroup, there are several key components
to an eMortgage that all must work in tandem.
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ESignatures
-
The
legal acceptance of alternatives to the 'wet ink'
signature.
-
ERecording
-
Incorporating
electronic records within the existing paper system
in place for the official public records at state
and local jurisdictions.
-
eVaulting
and eRegistry -
Establishing a single nationwide eRegistry as a
method for registering the location and holder of
the single authoritative copy of the promissory
note, which is the most important document besides
the recorded mortgage in a commercial loan.
-
ESecurity
-
Sufficient
technology to prevent tampering or unauthorized
changes to executed documents.
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