ENotes and other electronic loan documentation are now routine in residential mortgage lending and have gained more acceptance in commercial real estate lending. The industry is gradually moving toward the digital transformation of the mortgage lifecycle: application, closing, documentation, notarization, recording, and securitization.
ESIGN and UETA establish the legality of electronic records and signatures. MERS provides a platform for filing and tracking transfers of "control" of real estate notes from one party to another. However, electronic documents must comply with the UCC and recording statutes (which might require a paper original of the mortgage) and other applicable state laws.
If litigation ensues surrounding electronic loan documents, counsel must understand and address enforceability, authentication, and admissibility issues of electronic communications and e-signatures.
Listen as our authoritative panel discusses the use of eNotes and electronic loan documentation in commercial and residential mortgage lending. The program will also examine legal and practical issues regarding transferability, UCC perfection, the authentication of electronic signatures, and the admissibility of electronic communications and e-signatures in litigation.
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The goal of every real estate deal attorney is to ensure a timely and smooth closing of the transaction. Title defects are just one of the many hurdles that transaction attorneys must clear, and the newly revised ALTA policies can impact the ability to address those issues.
While many risks can create an encumbrance on a title, some of the common title defects that face real estate practitioners are defects due to liens and judgments, the rights of third parties, and breaks in the chain of title. The new endorsements and addenda can create opportunities and obstructions to resolving those defects.
Armed with the knowledge of curing these common title defects and the changes made to the ALTA policies, practitioners can ensure that they close commercial transactions on time and with little surprises.
Listen as our authoritative panel of real estate practitioners discusses the revised ALTA policies, the best practices for curing title defects arising from judgments and liens, defects arising from the rights of third parties, and defects caused by breaks in the chain of title.
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Equity Trust Company
Jump-start your real estate investing education for 2019 with exclusive insight into Equity Trust clients’ self-directed real estate investments. Join Equity Trust Sales Manager, John Bowens, for this exclusive on-demand webinar to see newly released data on the types of real estate investments Equity Trust clients are making, where they’re investing, and more.
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Understand the concepts and organization underlying residential and commercial real estate transaction documents.Residential and commercial real estate transactions are built upon the documents which lay out the terms and conditions for those transactions. In order to be effective, those documents must contain clearly articulated concepts and be organized so the parties to the transactions, and sometimes finders-of-fact (that is, judges and juries), can interpret those documents. It is a best practice if real estate transaction documents are designed and constructed from a proactive risk management perspective, using checklists to ensure the relevant substantive and procedural matters are addressed and not inadvertently dropped. This topic is intended to help real estate professionals such as developers, owners, property managers, engineers, surveyors, contractors, and attorneys understand how to prepare and review real estate documents in a variety of settings such as purchase and sale transactions, leases, development projects, shared ownership/management/cost-sharing arrangements (condominiums, cooperatives, owner associations), and mortgage financings.
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