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#2234515 - 04/09/20 05:59 PM Purchasing an E-Signed Note
terpsfan Offline
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Joined: Feb 2007
Posts: 1,803
Since the original document cannot be transferred what is the proper steps to purchase a loan that was executed with a e-signature? I contacted DocuSign which was the service used for e-signature and they said there was not way to transfer ownership of the envelope.

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eBanking / Technology
#2234525 - 04/09/20 06:29 PM Re: Purchasing an E-Signed Note [Re: terpsfan]
rlcarey Offline
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rlcarey
Joined: Jul 2001
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Galveston, TX
The loan originator did not retain the electronic or hard copies of the signed documents?
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2234549 - 04/09/20 08:21 PM Re: Purchasing an E-Signed Note [Re: terpsfan]
terpsfan Offline
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A copy yes but I thought an original electronic document was more than that as there can only be one original.

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#2234567 - 04/10/20 11:43 AM Re: Purchasing an E-Signed Note [Re: terpsfan]
Richard Insley Offline
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Richard Insley
Joined: Oct 2000
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Toano, VA
Although the immediate concern is operational, this boils down to a contract issue. Either you have a binding promissory note or you don't. The ultimate test of enforceability (following a borrower's default) will be the ruling of a judge in your state court, and the person best able to ensure that a judgement will be in your favor is the bank's legal counsel.
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#2234587 - 04/10/20 03:22 PM Re: Purchasing an E-Signed Note [Re: terpsfan]
terpsfan Offline
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Posts: 1,803
But if a court requested the original document would it not be the file stored with DocuSign not the pdf copy we have?

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#2234588 - 04/10/20 03:30 PM Re: Purchasing an E-Signed Note [Re: terpsfan]
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 73,292
Galveston, TX
Going to come down to the rules of evidence in the jurisdiction in which the suit is brought. Like Richard said, questions for your legal counsel.
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