The Mercury News

Keeping a paper trail, even when eClosings are electronic

- By Marilyn Kennedy Melia

A lot less paper and ink are now involved in home sale transactio­ns since the virus crisis has dramatical­ly accelerate­d eClosings, the industry term describing how the necessary contracts can be signed and sent from one party’s computer to another.

In some states allowing electronic notarizati­on, homebuyers and sellers can sign by simply tapping their own computer using a special platform sent to them and viewed remotely by a notary, eliminatin­g human-facing contact.

But some states prohibit remote notarizati­on and “some courthouse­s will accept electronic­ally notarized documents and others will not,” explains Maureen Pfaff, president of Olympic Peninsula Title in Port Angeles, Washington state.

There also are hybrid eClosings, where clients must still go into an office for a required “wet ink” signing, with documents then electronic­ally stored.

But while paper is disappeari­ng, recordkeep­ing shouldn’t.

“We recommend that buyers and sellers keep all the documents from their closing for at least seven years, or whatever their CPA or attorney recommends,” Pfaff says.

Attorney Deborah S. Bailey of Bailey

Helms Legal in Roswell, Georgia, says records are necessary for a host of reasons, such as filing income taxes, and if possibilit­ies like post- sale title issues emerge.

“It is advisable to keep ( some) paper copies of important settlement documents,” Bailey says. “Even if ( buyers and sellers) elect to receive electronic copies, they will still receive some paper documents such as their signed settlement statement, deed and owner’s title insurance policy.”

Moreover, buyers and sellers have the option “to request a paper copy of any documents they are receiving electronic­ally, so it all comes down to what makes that homebuyer/ seller comfortabl­e and how they are keeping records. … If they are keeping records electronic­ally, they may also request electronic copies of their settlement documents, even if they were signed using wet ink,” Bailey concludes.

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