We are just getting our feet wet with sending documents electronically, specifically sending appraisals 3 days prior to closing. Wanting to make sure we comply with E-Sign. I would like to get an idea of what portal you all find works best to accomplish this. Any suggestions?

If you're looking for a collection of bank-specific information about EIGN, there's lots on BOL. Do an advanced search on "ESIGN" + "Richard Insley".

CBL: Take a careful look at the timing requirements for delivery of those appraisal copies. Under Regulation B §1002.14 the delivery is required promptly upon completion of the appraisal (time for you to review the appraisal is allowed), but no later than 3 business days before consummation of the loan or opening of the account. You don't have the luxury of sitting on the appraisal until the third BD before closing.

DocMagic has one available to try for free. Go to their website and scroll down to launch center section. Then there should be a "go" button fo E-Sign.

https://www.docmagic.com/products/esign

I don't see enough "beef" in Docmagic's demo. If that's all there is to an e-delivery of a document containing federal disclosures that must be "in writing", then the process does not comply with ESIGN.

I went through the entire thing, perhaps you did too. It seems, and I would have to inquire, that the code you enter is placed in the emailed document that the recipient is sent. They must enter that code into a response, thereby demonstrating the ability to open the attachment. Assuming all attachments sent are in that format, it would be demonstrable consent.

I would want more info before saying that I had audited the process.

There are no preconsent disclosures and no "test drive" before delivery of the "live" document. We've been through this analysis before, but I still don't see how it's possible to use the "live" document as the medium for the demonstration.

I don't really think it is meant to be an entire process. The bank would have to obtain preconsent disclosures separately. I don't see how the bank could do a test drive prior to doing this to deliver since you couldn't replicate this process. I suppose you could do this with a dummy document and then follow with the real document to accomplish the test drive.

This would really only be useful for a one off transaction, not an ongoing delivery process.

Agreed. It's designed primarily for e-execution of contract documents which can be handled under UETAs & these state laws lack ESIGN's demonstrable consent requirement.

The OP was interested in e-delivery of appraisals, however. Since federal disclosures (such as appraisals) can't be e-delivered under UETA standards, that brings us back to ESIGN and the same drill that would be followed in order to consent to e-delivery of periodic disclosures.

Delivery of preconsent disclosures and a test drive are always possible--even in an email-based "one-off" system. Before sending the email with the "live" attachment, the bank would send an introductory email. This message would contain all the preconsent disclosures and have an attachment of the same file format as the "live" document. Following the list of disclosures, the recipient would be directed to open the test document and retrieve a PIN or other unique bit of information. By returning this unique code to the bank (by any electronic method), the recipient "reasonably demonstrates that (s/he) can access information in the electronic form that will be used to provide (the "live" document.)"