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eClosings

  • 1.  eClosings

    Posted 03-01-2023 14:51

    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



    ------------------------------
    Heather Lenihan
    Owner
    Coastal Closings, LLC
    Virginia Beach VA
    +1 (757) 366-1505
    ------------------------------
    ALTA Marketplace


  • 2.  RE: eClosings

    Posted 03-02-2023 05:53

    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. 



    ------------------------------
    Tim Anderson
    President, eMortgage Division
    Evolve Mortgage Services
    Frisco TX
    ------------------------------

    ALTA Marketplace


  • 3.  RE: eClosings

    Posted 03-03-2023 09:45

    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.  



    ------------------------------
    Mary Crawford
    Processor/Closer/Underwriter
    Bankers Title Shenandoah, LLC
    Staunton VA
    +1 (540) 437-9560
    ------------------------------

    ALTA Marketplace


  • 4.  RE: eClosings

    Posted 03-03-2023 09:57

    To reduce fraud risk - that's why two factor, license validation and automated KBA Knowledge Based Authentication is a requirement with Remote Online eNotarization. 



    ------------------------------
    Tim Anderson
    President, eMortgage Division
    Evolve Mortgage Services
    Frisco TX
    ------------------------------

    ALTA Marketplace


  • 5.  RE: eClosings

    Posted 03-03-2023 10:52

    Like Tim said, there are a LOT of security factors required to close online. The closing systems with the lenders have them, the notary systems have them, and there is a lot you do not see that must be in place within these systems in order for them to be considered secure enough to use and approved by the different entities within our industry. 

    The system I use requires KBA which is similar to when you pull your credit online. It asks questions like who your first mtg was with, what car you drove in 1982 :), etc. questions only that only that specific person should know. The system is not perfect when it comes to a Jr. or similar names, but that is why you always have to have a back up plan in place when those situations arise. After they answer a few questions with KBA, a text is sent to their phone with a link to take a picture of their ID. Once it is uploaded, there are certain requirements that ID has to meet to pass (similar to what the FBI uses to analyze an ID) AND once that passes they have to take a selfie on their phone to upload as well. This portion is not perfect either... apparently, in Germany they do not allow US phone numbers... ask me how I know lol

    The system you choose to use (which should have already been approved by your underwriter, RON laws, lender, etc.) will then pass or fail them for you. My system allows me to preview all three as well. I know there have been talks of moving these systems to biometrics as well which is similar to the facial recognition on an iphone. I believe like anything else we do, there will always be a risk; however, as long as you do your do diligence, do the absolute best to make sure everything is done correctly, and you are following all the laws and guides you'll be fine! I see you're in VA, I am too! If I can help in anyway please don't hesitate to reach out directly!



    ------------------------------
    Heather Lenihan
    Owner
    Coastal Closings, LLC
    Virginia Beach VA
    +1 (757) 366-1505
    ------------------------------

    ALTA Marketplace


  • 6.  RE: eClosings

    Posted 03-06-2023 08:35
    We are getting ready to implement Intellichek (https://intellicheck.com/)
    The only anti-fraud solution that is more than 99% effective across retail, financial services, law enforcement, and age-restricted industries. Learn more!
    intellicheck.com
    to be able to verify licenses.  We had a local agent who had a fraudulent listing and the driver's licenses looked real...I saw a picture of them and would not have questioned it which is incredibly scary!!!


    Jennifer Jackson Miller, Esquire

    Jackson Miller Law, LLC

    1107 48th Avenue North, Suite 110
    Myrtle Beach, South Carolina 29577

    (843) 839-3630 x106

    (843) 839-3631 (Fax)

    www.jacksonmillerlaw.com

     

    WARNING – FRAUDULENT FUNDING INSTRUCTIONSEmail hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wires sent by you to an incorrect bank account.

    • Be suspicious: It's uncommon for Attorneys to change wiring instructions and payment info by email.
    • Forward, don't reply: When responding to an email, hit forward instead of reply and then start typing in the person's email address.
    • Confirm everything. Ask your bank to confirm the name on the account before sending a wire.
    • Verify immediately: Call the Attorney to validate that the funds were received. The sooner it is detected that money has been sent to a wrong account, the better chance you have of recovering the money.

     

    LENDERS:  closing documents must be delivered to the closing paralegal, Stephanie Mckee, at stephanie@jacksonmillerlaw.com BY ONE P.M. the day prior to closing, or closing WILL be rescheduled/delayed

     

    NOTE: funds needed for closing over $500 MUST be received in the form of a wire transfer.  Wiring instructions will be provided upon approval of total funds needed. Please DO NOT accept wiring instructions from any third party.

     

    CONFIDENTIALITY NOTICE: This email may contain confidential information which is legally privileged and which is intended only for the use of the addressee(s) name above.  If you are not the intended recipient, you are hereby notified that any dissemination or copying of this email, or taking of any action in reliance on the information herein, is strictly prohibited.  If you receive this email in error, please notify us immediately at 843-839-3630.









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  • 7.  RE: eClosings

    Posted 03-06-2023 08:47

    I was not aware SC approved eClosings? If you pick an approved platform these securities should already be in place.



    ------------------------------
    Heather Lenihan
    Owner
    Coastal Closings, LLC
    Virginia Beach VA
    +1 (757) 366-1505
    ------------------------------

    ALTA Marketplace


  • 8.  RE: eClosings

    Posted 03-06-2023 08:51
    This is just to verify IDs are not fraudulent...sorry...nothing to do with eclosings.


    Jennifer Jackson Miller, Esquire

    Jackson Miller Law, LLC

    1107 48th Avenue North, Suite 110
    Myrtle Beach, South Carolina 29577

    (843) 839-3630 x106

    (843) 839-3631 (Fax)

    www.jacksonmillerlaw.com

     

    WARNING – FRAUDULENT FUNDING INSTRUCTIONSEmail hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wires sent by you to an incorrect bank account.

    • Be suspicious: It's uncommon for Attorneys to change wiring instructions and payment info by email.
    • Forward, don't reply: When responding to an email, hit forward instead of reply and then start typing in the person's email address.
    • Confirm everything. Ask your bank to confirm the name on the account before sending a wire.
    • Verify immediately: Call the Attorney to validate that the funds were received. The sooner it is detected that money has been sent to a wrong account, the better chance you have of recovering the money.

     

    LENDERS:  closing documents must be delivered to the closing paralegal, Stephanie Mckee, at stephanie@jacksonmillerlaw.com BY ONE P.M. the day prior to closing, or closing WILL be rescheduled/delayed

     

    NOTE: funds needed for closing over $500 MUST be received in the form of a wire transfer.  Wiring instructions will be provided upon approval of total funds needed. Please DO NOT accept wiring instructions from any third party.

     

    CONFIDENTIALITY NOTICE: This email may contain confidential information which is legally privileged and which is intended only for the use of the addressee(s) name above.  If you are not the intended recipient, you are hereby notified that any dissemination or copying of this email, or taking of any action in reliance on the information herein, is strictly prohibited.  If you receive this email in error, please notify us immediately at 843-839-3630.









    ALTA Marketplace


  • 9.  RE: eClosings

    Posted 03-06-2023 09:05

    No worries! It's great to know there is an option for that as well! I get a lot of calls from agents asking me how to verify someone when there seems to be a shady situation when they are first working with a client. I will definitely keep this in mind to share! Thank you for sharing!



    ------------------------------
    Heather Lenihan
    Owner
    Coastal Closings, LLC
    Virginia Beach VA
    +1 (757) 366-1505
    ------------------------------

    ALTA Marketplace


  • 10.  RE: eClosings

    Posted 03-07-2023 09:14

    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.



    ------------------------------
    Christine Hunt
    Real Estate Legal Assistant
    Camp & Camp, PA
    Fort Lauderdale FL
    +1 (954) 524-8111
    ------------------------------

    ALTA Marketplace


  • 11.  RE: eClosings

    Posted 03-07-2023 09:43
    Edited by Heather Lenihan 03-07-2023 09:54

    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. 



    ------------------------------
    Heather Lenihan
    Owner
    Coastal Closings, LLC
    Virginia Beach VA
    +1 (757) 366-1505
    ------------------------------

    ALTA Marketplace


  • 12.  RE: eClosings

    Posted 03-08-2023 09:48
    One way to address the RON issue is to support the Securing and Enabling Commerce Using Remote and Electronic Notarization Act (SECURE Notarization Act) which would require minimum standards nationwide. It is supported by ALTA.

    Kim
     
    Kimberly A. Gilbert-Toelle, Esq.*
    134 Sedona Court
    Martinsburg, WV 25403
    Home: 304-274-6733
    Cell: 301-910-4625
     
    *Admitted in West Virginia, Maryland, and the District of Columbia only
     
    CONFIDENTIALITY NOTICE:  This transmission may contain information that is privileged, confidential, legally privileged, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. Although this transmission and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Kimberly Gilbert-Toelle, Attorney at Law., its subsidiaries and affiliates, as applicable, for any loss or damage arising in any way from its use. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. Thank you.  



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  • 13.  RE: eClosings

    Posted 03-02-2023 09:46
    Hi Heather - 

    I admire your work and dedication in the RON world and being proactive in research since 2018/2019. I myself have been doing RON (e-Closings) since March of 2020. I started working as a RON with the Notarize (platform) and then later became the RON manager at First American Title (Direct Division). I decided to adventure out on my own, and I'm blessed to be doing well. I also come with a lot of RON experience whether it be working directly with title companies, law offices and others. I'd love to connect with you sometime to discuss platforms, best practices and so forth. 

    You ARE ahead of your time! That's never a bad thing!! :)  

    Yahaira Rodriguez
    RON/LSA at Legally Notarized


    Yahaira M. Rodriguez (She/Her)

    Florida Legal Document Preparer

    State of Florida - Notary Public

    Remote Online Notary

    Loan Signing Agent


    Let Us Legally Notarize Your Documents

    Call/Text/Whatsapp - (407) 513-2099

    Website - LegallyNotarized.com

    Email - Info@LegallyNotarized.com 

    Test your equipment - Twilio Device Check


     



    NOTICE:  The information contained in this message is proprietary and/or confidential and may be privileged.  If you are not the intended recipient of this communication, you are hereby notified to: (1) delete the message and all copies; (ii) do not disclose, distribute or use the message in any manner; and (iii) notify the sender immediately. Nothing in this email is intended to constitute legal advice and/or to create an attorney/client relationship between sender and recipient.

    ***Disclaimer - We are not attorneys and do not provide legal advice or representation. Legal document preparers support the public with their legal matters without the cost of an attorney.




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  • 14.  RE: eClosings

    Posted 03-04-2023 12:00

    Hi Yahaira! I would love to discuss further! Please email me some dates and times you are available and we can set a date!



    ------------------------------
    Heather Lenihan
    Owner
    Coastal Closings, LLC
    Virginia Beach VA
    +1 (757) 366-1505
    ------------------------------

    ALTA Marketplace


  • 15.  RE: eClosings

    Posted 03-02-2023 12:54

    Great post Heather!  Virginia has led the way in so many things over so many years.  It should not surprise anyone that VA was the first to embrace the technology.  RON is here, and it is wonderful of you to share your insight and knowledge.  Our industry is competitive.  By helping each other we help the industry as a whole.

    I'm here to help,
    Liz Dunlap
    Doma Title Insurance
    Liz.Dunlap@Doma.com

     

     

    I'm here to help,

    Liz Dunlap
    Agency Manager
    m: 757-236-5935
    e: Liz.Dunlap@doma.com
    Serving Central and Southern Virginia

    A picture containing text  Description automatically generated

     




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  • 16.  RE: eClosings

    Posted 03-03-2023 10:16

    Hi Heather, I love your commitment and bravery. Back in 2005 my title company was one of the first to go paperless (no paper except day of closing) and to launch an online client portal for secure document delivery and communication. I now consult to both the title industry and the software industry and love when I get the opportunity to bridge that gap between the 2. I completely understand your enthusiasm and your frustrations. 

    I'd love to talk about this more in a Zoom call and see if there is a place we could collaborate. If you're interested, please use my link to schedule a meeting: 

    https://calendly.com/cheryl_evans



    ------------------------------
    Cheryl Evans
    Carnanco
    Marketing, Technology & Operations Consultant to the Title Industry
    cheryl.evans@carnanco.info
    Hire Me! www.carnanco.info
    Free Content: www.cheryl.wTf
    Online Community https://community.wickedtitleforum.com/
    ------------------------------

    ALTA Marketplace


  • 17.  RE: eClosings

    Posted 03-04-2023 11:56

    Thank you Cheryl! I remember when going paperless and eRecording was sooooo scary and look at us now :-) I would love to talk more. Please email me directly at hlenihan@coastalclosingsva.com and we can make a Zoom date!



    ------------------------------
    Heather Lenihan
    Owner
    Coastal Closings, LLC
    Virginia Beach VA
    +1 (757) 366-1505
    ------------------------------

    ALTA Marketplace


  • 18.  RE: eClosings

    Posted 03-03-2023 13:36

    Thanks Heather that is kind of you to share experience. I know PA is historically not a leader in mortgage industry. We have been holding off on leaning into eClosings. I would like to be prepared though. In your opinion is it better to handle in house or utilize a vendor?



    ------------------------------
    Gail Malloy
    Owner
    Westmoreland Paralegal Services
    Greensburg PA
    +1 (724) 832-8683
    ------------------------------

    ALTA Marketplace


  • 19.  RE: eClosings

    Posted 03-04-2023 12:47

    This answer will vary depending on who you talk to, the systems they use, processes they already have in place, and depending on their end goal! Honestly, I prefer to do them myself, but do use a vendor from time to time if needed! I feel like it keeps a bit of the connection between us and the client so I'm really only moving the closing from the table (in person) to the computer! It allows me to put my own spin on things, answer questions (as a closer) since notaries are not supposed to, and we have an extra layer of security that we add when doing them online for my own piece-of-mind knowing all eClosings are recorded! I think it is important we understand what happens beyond the RON to protect ourselves and others. Once you understand that, you know what look for and can make better informed decisions as to what works best for you and your company.

    FULL DISCLOSURE - my decision to do them in-house is probably due to the "trauma" I experienced when it was go time for the first full eClosing. I had been working with a few RON providers prior to Covid, talking with their sales people, and learning how the different platforms worked trying to decide which one we were going to use and when I was ready to put one in place, no one had time for me even after all those discussions for months, because now the rest of the world needed them too! I found one not as well known, signed up with them, and after watching their presentation as to how their system worked, I specifically asked if 2-factor authentication was available in VA because what they had in place covered VA laws/guides; however, as a closer, I had been stalking the lenders guides (which seemed to change minute by minute) as to what was acceptable in all the Covid craziness to ensure I was doing everything correctly and the loan was saleable after closing. They assured me we could do 2-factor and when it came time for closing... it was not available :/ We had to put the closing off until they could correct their system. If I hadn't had taken the time to learn beyond the RON, that loan would have been closed incorrectly and not saleable because it did not meet the GSEs basic requirements! 



    ------------------------------
    Heather Lenihan
    Owner
    Coastal Closings, LLC
    Virginia Beach VA
    +1 (757) 366-1505
    ------------------------------

    ALTA Marketplace