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Remote online notarization (RON) has several benefits beyond safety

Remote online notarization (RON) eClosings have been on the rise during the age of COVID-19, as they’re seen as the safest closing option during a time when social distancing is paramount.

“It’s the nirvana of every stakeholder’s closing experience because the borrower can join the eClosing from the comfort and, more importantly, the safety of their home,” said DocMagic Senior Account Executive Leah Sommerville.

However, RON eClosings include several other benefits which make them an increasingly popular choice in the mortgage industry, regardless of whether there’s a pandemic taking place.

1. It’s easier for borrowers to review closing documents.

With RON and other forms of eClosings, borrowers typically receive all documents before the closing, giving them plenty of time to review the entire closing document package and raise any issues.

“If you’re a first-time homebuyer, it can be intimidating to show up and be expected to sign a stack of documents that you’ve never seen before,” Sommerville said. “Even seasoned borrowers can be intimidated by the in-person closing session. eClosing provides borrowers the opportunity to review all of their closing documents in advance and contact their lender, settlement agent, attorney, or even parents if they have any questions."

2. Lenders can spot mistakes sooner.

In the paper world, lenders often email their loan documents to their business partners (e.g. the title agency, settlement agent, or attorney for review) and then wait for the closing package to be mailed back with title documents added—which the lender unfortunately won’t see until they get the closing documents back with all the signatures.

“Often, lenders receive returned closing packages with signatures or documents missing,” Sommerville said. “No one wants to send a mobile notary to revisit the borrower because the original notary’s signature is missing or the notary stamp is smudged. These issues are eliminated with any version of eNotarization and eClosing.”

Such mistakes also compound the negative effects, Sommerville noted, with more fees incurred as the lender continues to hold the note, unable to sell it to the secondary market until these issues can be resolved.

3. Settlement agents stay involved.

A common misconception about RON is that it takes control of the closing out of the settlement agent’s hands. With RON, the settlement agent can still be involved in the eClosing and signing session.

Some RON providers will allow the settlement agent to join the session as an observer. Additionally, both the settlement agent and the lender, who aren’t required to be present for the closing, can log into the eNotary platform and see when the closing is scheduled, which increases transparency for all stakeholders.

4. There’s built-in protection and compliance.

RON laws have a variety of requirements to protect stakeholders. For example, the eNotary must have a record of the ID validation (most commonly knowledge-based authentication and credential analysis), which confirms that the borrowers’ identity is valid and not fraudulent. DocMagic and our electronic notary partners can conduct these ID validation requirements with the borrower on behalf of the lender.

Most states also require that video of the RON closing session is stored, usually for 10 years. Florida even requires the video to be stored in two locations.

Additionally, the documents must contain tamper-evident seals. DocMagic’s eSignature platform applies a time- and date-stamp as soon as the borrower eSigns, with a tamper-evident seal on each document. If a document is modified post-closing then the signatures are voided, according to Sommerville.

“RON is the greatly needed improvement to the current in-person, paper notary closing process because of the enhanced borrower experience, reduction of errors, increased transparency, and confirmation of compliance,” Sommerville said.

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California enacts consumer financial protection law

The California legislature recently enacted a new consumer protection law, called the Consumer Financial Protection Law (CFPL).

The law was enacted under Assembly Bill 1864, which was passed Aug. 31. Gov. Gavin Newsom signed the new law on Sept. 25. Among other things, the law will change the name of one of the two main mortgage industry regulators from the Department of Business Oversight (DBO) to the Department of Financial Protection and Innovation (DFPI).

DocMagic published an article in January 2020, here, about plans included in the California governor’s budget proposal to create a new “mini-CFPB.”  The Consumer Financial Protection Law is the result of those plans being enacted by the legislature. However, the new law differs significantly from the original proposal.

One of the main differences is that this law leaves intact existing regulatory structures for mortgage lenders, banks, credit unions, etc. The CFPL will create new registration and oversight schemes that are applicable to debt collectors, credit reporting agencies, and any other person offering consumer financial products not otherwise currently regulated in California.  

The DFPI, while administering new oversight authority over broadened areas of consumer finance within the state, will also inherit the existing responsibilities and duties of the DBO, including oversight of existing licenses under the California Financing Law or the Residential Mortgage Lending Act and their requirements.

The powers granted to the DFPI expand the powers previously held by the DBO and include some of those granted to the Consumer Financial Protection Bureau under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. For example, the DFPI will be charged with performing market research and consumer outreach. The DFPI will also have new authority to find violations of Unfair, Deceptive or Abusive Acts or Practices (UDAAP) under the Consumer Financial Protection Law. 

While there is no immediate change to the existing regulations relative to mortgage lending in California, there are some minor changes that DocMagic will implement ahead of the effective date, such as updating the name of the Department of Business Oversight to the Department of Financial Protection and Innovation on certain California disclosures. Please stay tuned to our form update notifications for those updates. The new law is effective Jan. 1, 2021.

Should you have any questions about the content of this article, please contact DocMagic’s Compliance Department.

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Compliance Newsletter - October 2020

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DocMagic, VirPack integrate platforms

DocMagic has integrated with VirPack to facilitate the seamless exchange of loan files and docs for compliant eSigning through DocMagic’s eSign platform.

Using VirPack’s API, electronically signed documents can automatically be accessed and retrieved from DocMagic’s eSign platform and delivered to the appropriate party, establishing a secure and seamless exchange of sensitive borrower information and documents. Customers will be alerted to all DocMagic eSign platform events via user notifications.

RON: The last mile in the eClosing marathon

The integration centralizes a paperless environment to maximize operational efficiency, eliminate errors, and reduce costs. Furthermore, the seamless connectivity speeds up funding and quickly delivers loan files to investors, GSEs, the FHA, servicers, QC firms, MI firms, and other relevant parties.

“This integration helps our mutual clients to efficiently automate document workflows and consolidate the retrieval and packaging of documents according to their specific preferences,” said Steve Ribultan, director of business development at DocMagic. “Ultimately, we’re bringing a greater level of organization and centralization to bundling executed documents for borrowers, lenders, and investors.”

VirPack simplifies virtual document management for the lending industry by providing user-centric solutions for loan file management, e-delivery, and file indexing with full text OCR to significantly increase productivity and modernize business operations.

“VirPack is pleased to strengthen our partnership with DocMagic,” said Wayland Pond, VirPack’s COO. “The integration results in more secure document exchange and alleviates manual processes by leveraging e-signature and e-closing technology. This partnership further underscores our commitment to modernizing mortgage lending workflows. Our technology focuses on improving operations by limiting manual intervention, reducing operational overhead and oversight, and increasing loan transparency.”

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The redesigned URLA will be required in a few months; are you ready?

(2/27/21 update: The new URLA: The No. 1 thing to do ASAP to ensure you're ready)

Starting March 1, 2021, all lenders who intend to sell closed residential mortgage loans to Fannie Mae or Freddie Mac will be required to use the new Uniform Residential Loan Application (URLA), the standard form that borrowers use to apply for a mortgage loan.

It’s a significant change for the mortgage industry; in fact, when the GSEs first announced the news in August 2016, it was the first substantial change to the form in 20 years.

How a new lender found success amid the pandemic: Download the MortgageCountry case study

The goal is to have a more consumer-friendly loan application experience while also moving the lending industry closer to digitizing the loan origination process.

Here are some of the key things you should know:

Biggest changes on the form

The redesigned URLA will replace Freddie Mac Form 65 and Fannie Mae Form 1003 and will require lenders to request more borrower information than ever before. It will have 94 new data points for a total of 236 data fields—making it 129% bigger than the previous form.

This is the current Uniform Residential Loan Application (URLA) that will be replaced by 2021.The new data fields includes information such as borrowers’ mobile phone numbers and email addresses; military service history; current housing expenses; and additional demographic information, designed to comply with the Home Mortgage Disclosure Act and eliminating the need for the previous demographic information addendum.

At the same time, the updated form is removing obsolete fields, such as requiring applicants to list their car’s make and model.

The redesigned URLA will also use clearer language and have a new layout that makes the information easier for technology to ingest, supporting the move toward digitization.

Shifting timelines

The date by which all lenders would be required to use the redesigned URLA has been repeatedly postponed. When the GSEs first announced the change in 2016, the new URLA was slated to be available in January 2018, with no mandated use-by date announced.

The GSEs later announced the mandatory implementation date would be Feb. 1, 2020. Late last year, however, at the direction of the Federal Housing Finance Agency, the required implementation date got pushed back to Nov. 1, 2020.

But that plan also got upended, this time by the pandemic. In April, the GSEs pushed back the mandated implementation date to March 1, 2021.

In the meantime, limited production began on Aug. 1 and open production will begin Jan. 1, 2021. The current URLA will be retired on March 1, 2022.

For more details on the current implementation timeline, check out this update from our Compliance Edge newsletter.

What else lenders need to consider

With so many new data requirements, lenders should get ready now for the new URLA to avoid any disruption to their business. For a time, lenders may need to be prepared to support both the old and new URLA forms concurrently.

Lenders should start by ensuring their LOS will offer end-to-end support for the redesigned form. Other technological updates will also be necessary; for example, those using static web contact forms will likely need to update their technology stack. 

Lenders need to communicate with their investors about where they are in the transition process. If the investors don’t also standardize on the new MISMO format, it may be more difficult and expensive for lenders to sell loans.

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FHFA, other agencies announce extension of COVID-related policies

On Aug. 26, the Federal Housing Finance Agency (FHFA) announced an extension of its policies providing for Fannie Mae and Freddie Mac (the GSEs) to continue to purchase loans that entered a COVID-related forbearance prior to purchase. The GSEs’ policies were set to expire Aug. 31, but the announcement extends the policies to Sept. 30.

The policy extensions also include processing flexibilities allowed as a result of the pandemic, such as alternative methods for documenting income and verifying employment. You can view the FHFA announcement at their website.

RON: The last mile in the eClosing marathon

Additionally, on Aug. 27, HUD and the GSEs announced an extension of their moratoriums on foreclosures until Dec. 31. These were previously set to also expire on Aug. 31. The extension of the GSE moratorium will “protect more than 28 million homeowners with an Enterprise-backed mortgage,” said FHFA Director Mark Calabria. The Department of Veterans Affairs announced a similar extension on Aug. 24.

In addition to the FHFA extension of processing flexibilities related to COVID, the USDA also recently announced an extension of “Temporary Exceptions in relation to COVID-19 pandemic” that include exceptions for appraisal and inspection requirements and verifications. The USDA also announced an extension of its moratorium on foreclosures similar to that of HUD and the GSEs. You can find coronavirus-related information on the USDA's website.

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DocMagic’s Lori Johnson honored with HousingWire’s 2020 Insiders Award

Lori Johnson, DocMagic’s Director of Client Services, has been named as a 2020 HousingWire Insider thanks to her recent eClosing implementation successes.

The honor is bestowed upon 50 people from across the housing industry, including mortgage lending, Fintech, and real estate. HousingWire’s editorial board selected the honorees based on their accomplishments over the last 12 months.

LoriJohnson_horizontal_2“This award is well-deserved and we’re elated HousingWire selected Lori as a winner,” said Dominic Iannitti, DocMagic’s President and CEO. “She is a roll-your-sleeves up, get-it-done type of technology executive who places the company and customer first every single time with every single thing she does."

Johnson successfully onboarded numerous new lender clients during the pandemic, despite the sudden influx of lenders in need of eClosing platforms and remote online notarization (RON) technology. Over the last year—and during 2020 in particular—Johnson and her team have taken multiple marquee mortgage bankers and mega-lenders live.

RON: The last mile in the eClosing marathon

She managed that while overcoming the added challenge of having to work remotely. Johnson worked feverishly to build a remote model to support distance-based implementations involving multiple teams and parties, and also created a remote training program to quickly train new DocMagic implementation specialists.

According to HousingWire, the 50 honorees are their companies’ “go-to” team members, the ones companies turn to with their most important and challenging projects.

“This year’s Insiders represent the unsung heroes of their companies; the team that, behind the scenes, kept everything on track during unprecedented times,” HousingWire Magazine Editor Kelsey Ramírez said. “This year, the need for the services of these 50 winners shown greater than ever, and they rose to the challenge.”

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An eClosing Q&A with DocMagic's director of enterprise solutions

The pandemic has forced a lot of change in a short amount of time in the mortgage industry. DocMagic's Director of Enterprise Solutions, Chris Lewis, shares his insight about eClosings in the age of COVID-19. (Note: This interview has been adapted from in the August edition of The MORTGAGE BANKER magazine.)

1. About what percentage of mortgage closings were 100% paperless before the pandemic compared to now?

Things are moving so fast with the uptick in lender rush to perform eClosings that we’ve never been busier here at DocMagic. Whereas over the years eClosings were slowly but surely moving toward greater marketplace adoption, the rapid onslaught of COVID-19 absolutely sped things up virtually overnight. Add unprecedentedly low rates into the equation—sparking a refi boom—and things have hit a level of adoption that is on turbo with eClosing and dynamic document generation usage.

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2. During the pandemic, has DocMagic had to make any adjustments to the way it handles eClosings and remote online notarization (RON)?

DocMagic has been doing eClosings for years—long before the term became a catchy buzzword. Furthermore, before the term “digital mortgage” caught on, we were busy automating eMortgage processes, which was the same thing. With respect to where we were at during the pandemic, the main adjustment we made didn’t have anything to do with the technology; we mastered the solution long ago. We just had to start implementing and training lenders on our Total eClose platform remotely, as the country was and still largely is under work-from-home orders depending on the state the lenders operate in.

Chris Lewis: Don't rush to implement RON; take these 3 steps instead

We worked diligently to arrive at a remote onboarding model that effectively supports distance-based implementations involving multiple teams and parties—all performed remotely. We quickly perfected implementing, training, and fully onboarding new clients remotely, to the point that once implemented, the lenders were off to the races and performing eClosings with ease and efficiency.

It’s tough enough for companies to turn on a dime and establish a work-from-home infrastructure due to a rapidly spreading pandemic. From an operations management perspective, our client services team did an amazing job transitioning to functioning virtually while simultaneously coordinating an influx of new client implementations—also done virtually.

3. What are the less-obvious advantages to using eSignatures and RON to close a mortgage loan?

The use of eSigning gives both lenders and borrowers greater transparency and control of the overall process. Borrowers can easily access and sign documents within a secure digital environment. It’s fast, easy, and completely trackable. The detailed traceability of eSignings enables lenders to more effectively manage the workflow from anywhere and store signed documents securely with an encrypted, tamper-proof seal. This helps in two key areas, as paper-based wet signatures are much tougher to track and access, especially as loans exchange hands on the secondary market and are then serviced.

First, it helps tremendously with ensuring compliance and that the data on every single document is accurate and consistent; it’s also easy to demonstrate proof of compliance in the event of an audit. Second, it helps prevent instances of fraud, especially when the loan file, data, and documents are all stored in a GSE-certified eVault.

When it comes to remote online notarizations, the convenience and enhanced speed gained in signing documents requiring notarizations are immeasurable. What’s more, use of RON technology fills the final void in establishing a 100% paperless closing process. The hybrid model has almost become mainstream. Borrowers are now expecting that option. Moving forward, lenders should always be focused on offering a fully paperless option for borrowers to take advantage of in the states that permit it.

4. In the pandemic environment, is compliance tougher or the same where eSignatures and RON are concerned?

A lot of states have different rules behind the acceptance of RON technology. For example, some require an attorney to be present and some do not. Some states didn’t offer RON at all but were considering it. So it has always been something that vendors need to stay on top of.

The pandemic resulted in a huge spike in the need for RON technology due to social distancing requirements and borrowers’ fears of contracting the virus. Consequently, many states started implementing emergency measures to help notaries do their jobs safely and effectively. However, some states haven’t implemented RON guidelines, or had stopgap measures which prevented fully leveraging RON technology, or offered some lower-tech alternatives to RON such as remote ink-signed notarization (RIN).

Like with RON, RIN permits notaries to use videoconferencing technology to legally notarize documents remotely. However, it requires actually wet-signing paper documents as opposed to utilizing eSign and eNotary technology. So the RON vs. RIN difference adds a bit more confusion to the already constantly changing and complicated state regulations. Some states allow RON, some allow RIN, and others allow both. In that regard, it just requires more attention to what the states are doing. But that’s the technology provider’s job to worry about, not the lender.

5. Are eSignatures and RON the new norm for the mortgage industry?

Yes. Like work-from-home orders essentially serving as a giant case study that proved the telecommute model actually works, the same goes for eSignings, RON, and eClosing technology. It works, and it works very well. It’s just unfortunate that it took a pandemic to move the adoption curve in the right direction. But ultimately, it’s going to serve the mortgage industry well by further automating the paper-based processes of yesteryear that was hampering business-to-business as well as business-to-consumer efficiency.

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DocMagic gifts signature bunny slippers to blood drive donors

More than 40 people braved 100-degree weather to participate in a recent charity blood drive, receiving a pair of DocMagic's distinctive novel bunny slippers in appreciation of their life-saving donations.

The event, which took place in Las Vegas on Aug. 22, was jointly held by Golden Heart LA, a nonprofit that helps children who suffer from life-threatening diseases or disabilities, and Ayden’s Army of Angels, a childhood cancer foundation. One pint of blood can save up to three lives.

The drive was held in honor of what would have been Ayden Brown’s sixth birthday. He was diagnosed at 13 months with Stage 4 Alveolar Rhabdomyosarcoma, a rare type of cancer that can occur at any age but mostly affects children.

DocMagic has a history of helping charitable causes, especially those involving children. Our longtime mascot, “Doc,” is a novel bunny that has become a recognizable part of our brand within the mortgage industry.

Here are some of the happy people who received DocMagic slippers at the event, including Benji, a multiple-cancer survivor whose father (not pictured) donated blood.

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