Original Message:
Sent: 3/7/2023 9:43:00 AM
From: Heather Lenihan
Subject: RE: eClosings
I agree 100%. Great job on the catches! I was in a pilot program with a very well known eClosing platform (for the lender/not a RON platform) and refused to continue using their system because at one time (not sure if this is still the case) they would allow the RON or the closer to override the ID verification section of their platform and upload IDs from copies etc. I let them know that was not acceptable, it sets both us and the lender up for fraud, and I would no longer be a part of the program if that was allowed. I informed the lender so they were aware and no longer participated.
This is why I am such an advocate for learning what happens beyond the RON. There are so many securities that need to take place in order to ensure an electronic closing is being done correctly whether it be state and local laws, notary laws, what the underwriters will accept, as well as what is acceptable to the lender and their investors, etc. - it can be overwhelming, but can also stop any of the craziness in it's tracks. I'm not saying we need to know every intricate detail of what it takes, but once you understand the process and what is needed for an eClosing to be done properly, you will know what to look for while putting these new systems in place, during a closing, and it definitely helps spot those red flags. My goal is to continue sharing this information and my experiences in hopes of educating our industry on what to look for in all of this, whether you choose to use a 3rd party RON or do the closings yourself. I would like to help those that would like to implement RON or eClosings more secure in their decisions so we're not just checking boxes because someone told us to... at the end of the day it is OUR responsibility to ensure the closing is done correctly.
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Heather Lenihan
Owner
Coastal Closings, LLC
Virginia Beach VA
+1 (757) 366-1505
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Original Message:
Sent: 03-07-2023 09:13
From: Christine Hunt
Subject: eClosings
In Illinois, where I closed approximately 350 closings a year, and many years more, we had to have the ID in our hands for that very reason. That way we could tell if it was a fake ID and believe me, I caught a good number of them. We were not allowed to accept copies nor any ID that had expired.
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Christine Hunt
Real Estate Legal Assistant
Camp & Camp, PA
Fort Lauderdale FL
+1 (954) 524-8111
Original Message:
Sent: 03-03-2023 09:45
From: Mary Crawford
Subject: eClosings
My concern with all e-closings is fraud. How can we be sure if someone's ID is legitimate if we can't touch it? These fraudsters are becoming very clever and sometimes the IDs looks so good the only way to tell might be by the feel of it. The whole thing makes me very uneasy. My office does hybrid closings frequently, but the clients still need to come in and sign certain docs.
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Mary Crawford
Processor/Closer/Underwriter
Bankers Title Shenandoah, LLC
Staunton VA
+1 (540) 437-9560
Original Message:
Sent: 03-02-2023 05:53
From: Tim Anderson
Subject: eClosings
Heather - I sincerely appreciate and applaud your offer and effort to assist others to embrace RON eClosings. On a day Congress passed the Federal RON SECURE bill it's still sad on the lack of adoption. I've been promoting digital eMortgages ever since Fannie/Freddie introduced SMARTDocs way back in 2002 which is actually a superior solution to blockChain but nobody gets the benefits of these either. Hang in there. Tech adoption has always been painfully slow in our business but those that get it will deliver a unique competitive advantage and market differentiator over those that continue to do business the same old way we always have. (status quo). To attract and satisfy the new online "digital" consumers they will demand and drive this.
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Tim Anderson
President, eMortgage Division
Evolve Mortgage Services
Frisco TX
Original Message:
Sent: 03-01-2023 14:50
From: Heather Lenihan
Subject: eClosings
Over the last few years (even prior to Covid) I have worked with lenders and talked with several agencies to start the conversation of how to implement eClosings whether RON, hybrid, full eClose etc. We are from VA, which was the first to enact RON in 2012, and when I learned of this, as a navy brat who lives in such a military based town, I wanted our company to be the first to do a full eClosing (not a RON closing with a 3rd party, but personally closing a loan online as the RON.) Fortunately, we were proactive in researching eClosings in 2018/2019 and all that is required to do them, when Covid hit in March of 2020 we were able to do our first full eClose (no contact and no paper with me as the RON) a month later in April. I had worked side by side with a lender, neither of us having much of a clue at the time and there were not a lot of resources or companies doing them before Covid so we had to dig deep to find the information needed. That led us to learn so much more as to what was needed from US, as a settlement agency, to close them properly and ensure they were saleable after closing. I have since turned my focus to helping others with eClosings and title tech whether learning, teaching, overcoming challenges they present, etc. I believe there is still so much more to come concerning this new wild west that was/is, but I've enjoyed helping sort through the challenges presented so far and researching/helping others to understand and do them correctly. I have also worked closely with several clerk's offices in the area to have a conversation about why they rejected a recording. Once we were able to have a conversation and understand each other's positions they would work with me or correct what they were doing and accepted the docs how they were originally were submitted.
Now that we have returned to the (new) normal, I feel as though companies are not pushing to implement them as much, but the technology is not going anywhere. The lenders want to blame the settlement agencies for not being ready and the settlement agents want to blame the lenders for not being ready. I get it.. whether legal, compliance, approvals, IT, etc... there is a LOT that comes with eClosings whether it be state by state for remote notaries, what electronic process is allowed in each state (RON, RIN, any emergency orders still in effect, or maybe your state doesn't allow them at all...), what each underwriter will or won't allow in the different states, what systems can be used, digital certificates, eNotary journals, as well as learning the different systems the lenders have in place to do their part with the docs, in addition to everything else that comes with this mostly undiscovered territory and lets face it, we all do it differently at the end of the day so there is not a "one size fits all" answer to any of it.
I would love to help others, with any research, implementation, policies, procedures, best practices, etc., to ensure you have what you need in place to properly execute eClosings in all their forms, but feel as though I am ahead of my time. If you are interested in growing the eClosing/tech portion of your business, please feel free to contact me! I would love to help with implementation, policies, procedures, best practices, etc. Thanks for taking the time to read this and have a great day!
Heather Lenihan
hlenihan@coastalclosingsva.com
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Heather Lenihan
Owner
Coastal Closings, LLC
Virginia Beach VA
+1 (757) 366-1505
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