Posted by FCCARKANSAS on 5/29/07 9:31am
Msg #192492

Emailing Docs to Borrower

I have had a few of my borrowers prefer to recieve thier copies via email instead of being handed a stack of papers. Is this OK? It sure would save on the ink and paper!

Reply by HARRY_PA on 5/29/07 9:52am
Msg #192495

Your question would be best directed to the title company or sigining service that hired you. Most likely their expectation would be for you to print and dellver the documents in person. In most cases that is included in your agreed upon fee. Good luck. Harry

Reply by sue_pa on 5/29/07 10:32am
Msg #192505

how does this conversation come up? I've never had a borrower call me prior to the appointment and ask that I not bring paper copies. Of course, I've also never had them tell me when I hand them a stack of papers that they wished I'd have e-mailed them - had them grumble about legal vs. letter size paper. Again, just wondering how this conversation begins.

As the other poster said - check with your client - I'd get it in writing prior to doing so.

Reply by FCCARKANSAS on 5/29/07 10:45am
Msg #192511

It has come up during signings. I guess these are people that like to keep track of their business on computer. I have to admit that had I been given the option when I refinanced, I would have much rather had them sent to me via email, not only for the convenience, but it would have given me a little time before the closing for me to look things over. I was just curious. It hasn't happend often, but if it was allowed by the agency to give the borrower the option when you call to confirm your appointment, it would be a nice little extra service.

Reply by Joe Ewing on 5/29/07 11:54am
Msg #192523

That's a good topic that probably will not get much interest in this forum. Usual and customery is you the NSA prints a copy for the borrowers and goes home after the assignment and deletes the email. If the borrowers are "savy" they would tell you on the initial contact not to print the copy but loan savy they are not. Something about the fact that the only thing tangable about an intangleable is the copies.

Reply by Rick_NY on 5/29/07 6:02pm
Msg #192604

Joe writes:
> Usual and [customary] is you the NSA prints a copy for the borrowers and goes home after
> the assignment and deletes the email.

We'd all like to do that, but when the borrower wants to cancel and the file gets corrupted when he clicks "File > Print" to use the NORTC, then what happens?

Reply by Gerry_VT on 5/30/07 8:20am
Msg #192674

I don't know if there is any law or rule that the borrower has to get any copies of anything. But if there is such a law or rule, the federal ESIGN law requires that a consumer who is receiving electronic rather than paper documents must consent to receiving electronic documents in a manner that indicates the consumer will probably be able to read them. There are also various notices that must be given to the consumer.

So, if a borrower is entitled to a copy of something, the notary should NOT provide that only in electronic form, because the notary is not the right entity to receive the consumer's consent to accept electronic documents, nor does the notary know what notices to provide to the consumer, nor does the notary know how to demonstrate that the consumer will actually be able to read the documents.