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Category Archives: Regulatory

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eSign & Commercial Finance: A License to Trash the Original Note?

Posted in Compliance, Regulatory, Technology Notes, Training

Are “electronic document” provisions appearing in your commercial loan documents?  This is the second in a series examining two provisions recently reviewed by me in commercial real estate transactions.   Unfortunately, the two provisions have serious problems: for UCC Article 3 notes, making a copy of it will not clothe the copy with Article 3… Continue Reading

eSign & Commercial Finance: On the Bank Report Card in 2016

Posted in Good Times for Lenders, Regulatory, Technology Innovation, Technology Notes, Value Alignment (Client Interests)

Last year, a new topic started to appear in commercial mortgage loan documents: provisions covering the use of electronic documents (aka “electronic records” or “eDocs”).  Unfortunately, two provisions examined by me were not completely correct.  (And until recently, I made the same mistakes.) These provisions, however imperfect, support my bet that starting in 2016, the implementation… Continue Reading