eOriginal SmartSign® has the most comprehensive digital signing process on the market however there is a great deal more to securing your digitally signed business agreements.

A digital signature can be legally binding but that is only the first component of creating a digital asset whose value must be protected in accordance with business practices and compliance with legal and regulatory statutes appropriate to the industry in which the asset will reside.

The total digital asset consists of the digital signature, the digital document to which it is associated, and how they are bound in combination to certify them as a “unique” electronic original document. Life cycle management processes that dictate their access permission, transfer rights, and a legally admissible audit trail that tracks these processes are all also included in creating a digital asset.

These “back-end” processes have important legal, business continuity and regulatory implications that become critical if the digital asset is to retain its commercial value as an electronic transaction. This is of even greater importance when it will serve as chattel or likely to be transferred on a rights basis or by location.

This is why lightweight offerings, particularly pure-play signing tools, don’t provide the full set of features such as a unique authoritative copy or the back-end functionality for life cycle management and audit trails needed to create a true digital asset. So, the obligations for development, integration, compliance and liability are placed on the client.

This is why eOriginal has placed equal emphasis on perfecting and integrating both the front-end signature process and the back-end life cycle management process. The architectural requirements to seamlessly execute these components, while meeting every regulatory statute that governs these processes, is significant and the basis for many of our patents in this field.

So by its nature, eOriginal’s SmartSign has to be more robust than even comprehensive electronic content management or document management offerings while playing nicely with them by complementing their functionality and compliance to provide a better overall system for digital assets.

eOriginal is the only esignature provider that has been certified by top ratings agencies for securitization. And, while this securitization capability is not necessary for every electronic transaction, the underlying functionality that earned such a rating is very relevant to serious businesses.

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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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