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

 

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.

Agenda

Faculty

Ieuan G. Mahony

Ieuan G. Mahony

Holland & Knight LLP

  • Partner in Holland & Knight LLP’s Boston Office and concentrates his practice in intellectual property licensing and development, information technology, e-commerce, and data security
  • Ieuan (pronounced Ian) advises clients on a range of digital and electronic signature solutions, including issues concerning authentication, security mechanisms, retention practices, and addressing compliance across varying state laws
  • He has written and spoken widely on e-commerce and IT-related matters and has contributed to the Practicing Law Institute’s best-selling Corporate Compliance Handbook continuously from 2009 to the present
  • He has been listed in The Best Lawyers in America guide from 2003 to the present
  • Graduate, first in his class, Boston College Law School, Executive Editor of the Boston College Law Review
  • Can be contacted at 617-573-5835 or [email protected]
Joshua C. Prever

Joshua C. Prever

Holland & Knight LLP

  • Partner in Holland & Knight LLP’s Fort Lauderdale Office, where he chiefly represents boutique to large multi-national financial services companies
  • Josh’s practice is focused on litigation, compliance, and regulatory strategies for financial services companies ranging in size from boutique to large multi-national banks; implemented RON strategies for a variety of companies, including both large and small financial institutions for mortgage loan products and other business operations
  • He has spoken before in-house counsel groups as a keynote speaker, presented before the Mortgage Bankers Association, and lectured before other key groups where he has shared thoughts on litigation issues, significant compliance matters in the mortgage space, as well as on RON and digital mortgage products
  • Wrote an article on Remote Online Notarization in Mortgage Loan Closings in The Review of Banking & Financial Services, and an article entitled, Financial Services Industry Braces for Impact of Eleventh Circuit’s Hunstein Decision, which impacts how debt collectors share data with third-party vendors
  • Recognized as a BTI Client All-Star for providing clients with superior client service through an unwavering commitment to client objectives; also awarded 40 Under 40 Outstanding Lawyers of Miami-Dade County and recognized as a Rising Star, Florida Super Lawyers
  • Graduate, order of the coif, University of Miami School of Law, served as a member of the Law Review
  • Can be contacted at 954-336-3084 (cell), 954-468-7826 (office), or [email protected]

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