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.
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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