Posted by LisaWI on 11/3/11 12:39pm
Msg #402671
E-Signings
First, just let me say I already handled this situation in a special way and know that I will not do these particular signings the way this signing was originally intended. But I do want to hear what others have to say about this and also would like to know if anyone would actually perform the closing the way it originally was set up for me to do. Also, this was my first experience with an E-Sign.
Documents were sent to me, half the package was for getting signatures and some docs notarized. The other half was for me to go over with the borrowers but not obtain their sigs. When the title company originally called me for this the way she explained it to me sounded just fine. Remember, Ive never done one of these. I was to go over the docs to be esigned with the borrowers and then when we were finished, give her a call and she would take care of the rest. OK, sounds fine and easy enough......I was told I could not have the docs until the day of closing. OK again, no worse than a regular signing at times, so no big deal. The only problem I had with this was the closing was early in the morning and I didnt have a heck of a lot of time to go over the docs visually before the closing. But I did.
And when I did, there was a document in there that the borrowers actually did wet sign, but at the bottom was a "Notary Certification". The first part of the Certification was fine, stating that I had viewed the ID' and yada, yada, yada. Buuuut the 2nd part of the certification was stating that I had witnessed the signers signing the Electronic Note and other documents.......Houston, we have a problem....nooooo, I did not. So I call the title company and say no way shape or form am I going to sign this saying I witnessed the signers signing their Electronic Note when I indeed did not. Ok, so she says, I will take care of that part. Okey dokey.....
Moving along to other pages in the package and I come across this doc titled "Important Information~Read Carefully before you accept the Note for your Mortgage Loan". There is a paragraph in there titled "Important Information about your Note". At the end of this paragraph it states, "You must click the choice buttons at the end of this E-Discosure and at the end of each E-Document yourself; no one should do this for you. Do not ask or allow the Closing Agent, any other borrower or any other person to click any of the choice buttons"
And to make matters worse, when I got to the appt explaining how things were going to work with the documents, the borrowers had noooo idea this was some kind of E-Sign.
As I stated I handled it fine. The closing has been completed but rest assured I will not ever do one like this again. I do not like it Sam I am 
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Reply by Alz on 11/3/11 2:39pm
Msg #402692
Are you talking about the eSign Borrower Identity
and Execution Certification? If so, item two says "I have witness the borrower(s) signing the Electronic Note using an Electronic Signature and all other related loan documents".
Were you present when the BOs electronically signed the note?
eSignings are not for everyone. Personally, I take all I can get.
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Reply by JandB on 11/3/11 2:46pm
Msg #402703
I would love to hear how you handled it. It is unfortunately common for the borrower to have no idea about the e-sign component of their closing. I have never done one where the borrowers did not click the button for themselves. I suppose, as long as I am not notarizing anything or certifying I witnessed them signing the docs, I would leave it between the borrower and the title company. I would make notes for my memory and move on.
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Reply by LisaWI on 11/3/11 4:33pm
Msg #402717
Re: E-Signings-JandB
I went over the esign docs with them, the title docs and a few misc lender docs were wet signed/notarized. After we were finished, I called the title company and she did everything on her end. And that is exactly why I wouldnt sign the one form, I did not physically witness them esigning anything.
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