As more mortgage and real estate brokerages, lenders, title and real estate agents migrate to electronic mortgages, it is extremely valuable for them to understand and be articulate about the legal compliance requirements and the protections afforded the participants in an electronic mortgage process. eOriginal, already fully compliant, has addressed the issues within the mortgage industry including recent amendments to the Truth in Lending Act (TILA) known as the Mortgage Disclosure Improvement Act of 2008 (MDIA) and the Mortgage Industry Standards Maintenance Organization (MISMO) for the creation, execution, transfer and storage of electronic mortgages.

To provide our readers and those in the mortgage industry with more resources and a better understanding of the legal framework regarding eMortgages, we wanted to pass along this excellent presentation by Margo Tank Esq., a Partner at BuckleySandler, LLP . Ms Tank is an expert in compliance within the mortgage industry and the regulations governing electronic financial services transactions. The presentation outlines the legal requirements for electronic signatures and records specifically within the mortgage industry, including establishing control of Transferable Records for securitization and sale on the secondary market.

Developing Law on eMortgages Including Electronic Evidence .. –

eOriginal would like to thank Margo Tank for allowing the use of her presentation. Note: An eMortgage is an electronic mortgage where the loan documentation is created, executed, transferred and stored electronically.

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