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CUSO Exercise care with mortgage documents
MIDWAY, Utah, and GRAND RAPIDS, Mich. (10/27/09)--Credit unions need to exercise care when relying on electronic images of mortgage loan documents, according to eDoc Innovations, a credit union service organization. eDOC advises credit unions to retain note and disclosures, titles and stock certificates. Supplemental documents--like appraisals--can be destroyed. Last week, the Washington State Department of Financial Institutions issued a bulletin reminding credit unions that electronic documents may not resolve all legal issues in litigation. Judges nationwide have declined to grant foreclosure proceedings unless parties involved could produce original loan documents. Many credit unions have begun retaining electronic images of their documents instead of paper copies, which is consistent with some state and federal laws. The Electronic Signatures in Global and National Commerce Act of 2000 provides that a signature, contract or other record may not be denied legal effect because it was signed electronically.


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