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#457899 - 11/16/05 08:35 PM Document Imaging
Reed Offline
Diamond Poster
Reed
Joined: Sep 2005
Posts: 1,251
West Coast
We just got the equipment to be able to image all of our documents, and before we go too nutz cleaning out the closets, I'm trying to figure out if there are some documents that we have to keep originals of. Not sure where to start researching this one, any ideas?

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General Discussion
#457900 - 11/16/05 09:23 PM Re: Document Imaging
Dream Dancer Offline
Member
Joined: Sep 2005
Posts: 84
Texas
I would start by contacting your bank counsel and asking what original documents (such as note, security agreement, guaranty agreement) might be required in the event of Bankruptcy, Foreclosure, or pursuit of a Judgement against a customer. Also, check your state record retention requirements - they will usually tell you if the original is required or if a "copy" (image) is acceptable.
Another thought - do you ever sell your loans? Most investors purchasing loans will require delivery of the original note, security agreement and guaranty.
Usually, for any publicly recorded document, such as a Mortgage or Deed of Trust (lien instrument) that filed with the County Clerk or the State (UCC-1), a certified copy is an acceptable substitute for the original. Again, check with your bank counsel.

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#457901 - 11/17/05 03:33 AM Re: Document Imaging
flaire Offline
100 Club
flaire
Joined: Sep 2005
Posts: 228
sw us
Depends on your state retention schedule. NM can't destroy original documents for an active loan regardless of imaged status.
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#457902 - 11/17/05 03:31 PM Re: Document Imaging
Reed Offline
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Reed
Joined: Sep 2005
Posts: 1,251
West Coast
Thanks, even with a state retention schedule in hand, though, would you reccommend seeking legal counsel?

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#457903 - 11/17/05 06:51 PM Re: Document Imaging
RR Joker Offline
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RR Joker
Joined: Nov 2002
Posts: 20,656
The Swamp
We didn't seek legal counsel when we changed over BUT we kept archived files...what a MESS! WE later realized tho, that we needed a "real" file because no matter how good you are...images are not the end all be all answer. Examiner's prefer a file...sometimes I prefer a file..and sometimes a file saves our NECK when the doc is misfiled or nowhere to be found on the image system...tread VERY carefully before you make a decision to image and destroy!
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#457904 - 11/17/05 07:21 PM Re: Document Imaging
Reed Offline
Diamond Poster
Reed
Joined: Sep 2005
Posts: 1,251
West Coast
thanks for the input

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